RESTRICTIONS ON USE OF MATERIALS
Unless otherwise indicated, the contents of the Site, including without limitation, all logos, texts, graphics, images, sounds, performances, cinematic productions, videos, audio-visual works and the collection, organization, arrangement and assembly of the contents (collectively, the “Content”) of this Site are the property of Insight and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property, including copyright, trademark and other laws and regulations. No Content either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast, archived, modified, sold, distributed or otherwise made available in any way, without Insight’s prior written consent, except Insight, at its sole discretion, grants you a limited non-exclusive, non-transferrable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. The use of any Content on any other website or networked computer environment for any purpose is prohibited.
In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (collectively, the “Software”) are non-exclusively licensed to you by Insight. Insight does not transfer title in and to the Software to you. As between you and Insight, Insight retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
ACCEPTABLE SITE USE
Website Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. Insight will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Insight does not solicit or wish to receive any ideas, suggestions, confidential, secret or proprietary information or any other materials from you through the Site, by email or otherwise. Therefore, please do not send Insight any unsolicited materials of any kind (e.g., ideas for shows, or other products, user-generated content, stories, drawings, ideas, designs, concepts, treatments, scripts, or any other materials) (collectively, “Submissions”). Insight strives to avoid the possibility of future misunderstandings when Insight develops projects, whether internally or by third parties, which might seem to others to be similar to their own creative ideas or materials.
However, if you decide to make any such unsolicited Submissions, you hereby grant to Insight the full, unconditional, unlimited, irrevocable, worldwide right and license to your Submissions as submitted, including the ability to use your Submissions and distribute, sell, modify, adapt, translate, incorporate into other works (and otherwise create derivative works from), transmit, broadcast and otherwise exploit your Submissions in any manner and for any purpose whatsoever without any notice or compensation to you. Additionally, you waive any so called moral rights in such Submissions (if any), even if such material is altered or changed in a manner not agreeable to you.
LINKS / THIRD PARTY POSTINGS
The Site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by Insight. Insight is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. A link to any other website does not imply that Insight endorses or accepts responsibility for the content or use of such other website. If you decide to access linked third party sites, you do so at your own risk. In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INSIGHT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” INSIGHT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. INSIGHT DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. INSIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INSIGHT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INSIGHT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF INSIGHT OR AN INSIGHT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INSIGHT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNITY OF USER
In cases where you have authorized a minor to use the Site, you acknowledge and agree that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.