(Last updated: April 24th, 2020)
You are required to register a user account with the Website in order to access certain features and to purchase products (according to our Terms and Conditions of Sale). We may cancel or suspend at any time your user account at our sole discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using a user account to access and use the Website. However, we may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your user account and any and all use and misuse. You agree to notify us immediately of any unauthorized use of your account and if your user name or password has been compromised. Safety Media does not assume any responsibility, nor will Safety Media be liable, for any damages arising from or related to your failure to keep your user account secure.
2.PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and services and prices of products and services described or depicted on the Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Furthermore, all product and service recommendations are for convenience and informational purposes only. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products and services ordered will be used only in a lawful manner.
3.TERMS AND CONDITIONS OF SALE
All sales made on the Website are subject to Safety Media’s Terms and Conditions of Sale (“Terms and Conditions of Sale”) in effect at the time of the sale. By placing an order on the Website, you acknowledge that you have reviewed and understand these Terms and Conditions of Sale in effect at the time of the sale and that they apply to your purchase. You should review the Terms and Conditions of Sale on a regular basis as the Terms and Conditions of Sale are subject to change and it is the Terms and Conditions of Sale that are in effect at the time of a purchase that will apply to the sale.
The provision of the C20/20 software (the “C20/20 Software”) or other products, services, solutions, applications, tools and platforms (collectively, with the C20/20 Software, the “CFS products and Services”) of Commercial Fire and Safety Inc. (“CFS”) by Safety Media through the Website is subject to CFS’s master subscription agreement (“MSA”) in effect at the time of the sale. By placing an order on the Website for the C20/20 Software or any other CFS products and services, you acknowledge that you have reviewed and understand the MSA in effect at the time of the order and that it applies to your order. You should also review the MSA then in effect before you renew any subscription for any CFS products and services, as the MSA is subject to change and it is the MSA that is in effect at the time of renewal that that will apply to the renewal.
After you have entered into a MSA, your use of the Website in respect of the CFS products, services and services made available by CFS online will be governed by the MSA applicable to such CFS products and services.
4.OWNERSHIP OF MATERIALS, COPYRIGHT, TRADEMARKS AND DOMAIN NAMES
All materials used or displayed on our Website, products, or product packaging including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (collectively, “Website Content”), are either owned or used under license by Safety Media or Safety Media is authorized to use or reproduce the Website Content by the holder of all rights thereto and are protected by copyright, trademark or other applicable laws. You are hereby authorized to display the Website Content on your computer in a web browser as part of the expected and ordinary use of the Website. You may not copy or use the Website Content in any other manner or for any purpose. In particular, you may not
(i)modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights without the prior written consent of Safety Media; or
(ii)remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
In the event that User wishes to use the Website Content for purposes other than personal use, or to modify the Website Content, please contact us by sending an e-mail to firstname.lastname@example.org.
Safety Media trademarks and logos and trademarks appearing on our Website, products and product packaging are trademarks either owned or licensed to Safety Media (the “Trademarks”). The Website, products and product packaging may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). User’s use of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent of the owner or owners of the Trademarks and Third Party Marks.
User may not frame or use framing techniques to enclose any Website Content, Third Party Content, Trademarks, Website domain names, Third Party Marks or other proprietary information without our written consent. User may not use any meta-tags or any other “hidden text” utilizing our name, the Trademarks or the Third Party Marks without our express written consent or the express written consent of the owners of the Third Party Marks, as the case may be.
5.USE OF WEBSITE
User agrees to use the Website for lawful purposes only.
User will not use the Website, or allow others to use the Website, to:
(i) purchase products or services in violation of applicable law;
(ii) download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;
(iii) e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(iv) upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
(v) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website; or
(vi) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
User agrees not to access the Website from any territory where its access, use or content is illegal. User agrees that Safety Media is not responsible for compliance with applicable foreign local laws.
7.MODIFICATIONS TO THE WEBSITE
Safety Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, without notice. User agrees that we shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website. Safety Media reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no obligation to do so.
The Website may contain hyperlinks to websites operated by parties other than Safety Media. These hyperlinks do not imply any endorsement by Safety Media of or any affiliation with or endorsement by Safety Media of the hyperlinked website. User’s access and use of such third party sites, including any information, material, products and services therein, is solely at User’s own risk.
THE WEBSITE, THE WEBSITE CONTENT AND THIRD PARTY CONTENT, ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SAFETY MEDIA MAKES NO PROMISES ABOUT THE SECURITY, RELIABILITY, TIMELINESS, CORRECTNESS OR ACCURACY OF THE WEBSITE OR ITS CONTENTS OR ITS SUITABILITY FOR ANY PURPOSE WHATSOEVER.
To the extent permitted by law, there are no, and Safety Media excludes all, representations, warranties and conditions, express or implied, statutory or otherwise, including any representations, warranties or conditions of merchantable quality, fitness for a particular purpose or non-infringement.
11.LIMITATION OF LIABILITY
IN NO EVENT, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL SAFETY MEDIA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, CONSULTANTS AND ADVISORS (COLLECTIVELY, THE “SAFETY MEDIA PARTIES”) BE LIABLE FOR:
(1) ANY DAMAGES CHARACTERIZED AS LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION OR FAILURE TO REALIZE UNEXPECTED SAVINGS; OR
(2) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER;
EVEN IF THE SAFETY MEDIA PARTIES OR ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User is responsible and liable for:
(b) any and all actions and omissions by User.
User may not assign, sublicense or otherwise transfer its rights, duties or obligations hereunder.
All rights not expressly granted herein are reserved.
• a reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced;
• the term “provision” includes terms, conditions, covenants, agreements, representations, warranties and other provisions;
• words or abbreviations that have well known technical, industry or trade meanings are used herein in accordance with their recognized meanings;
• words importing the singular include the plural and vice versa and words importing gender include all genders.
Questions, comments or any violations reports should be sent to Safety Media by e-mail to: