Terms of Use - Durwin's World

INTRODUCTION

Welcome to the Internet site of the www.durwinsworld.com
(collectively referred to herein as "we", "us", or "our").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the Durwin’s World website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Durwin’s World website. We reserve the right, at our sole discretion,
to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment."

RESTRICTIONS ON USE OF MATERIALS

All materials contained in the Durwin’s World website are the copyrighted property of Cinerio Entertainment Inc., or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to Cinerio Entertainment Inc., or its affiliates or licensees. No material from the Durwin’s World website or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the Durwin’s World website. The use of any Durwin’s World website material
on any other website or computer environment is prohibited.

In the event you download software from the Durwin’s World website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein.
You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials
(unless specifically requested by us).

If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

HOUSE RULES

The following is a list of the House Rules of conduct for www.durwinsworld.com. By using the Durwin’s World website you agree not to do any of the following:

1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be:
(a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
(b) bigoted, hateful, or racially offensive;
(c) vulgar, obscene, or sexually explicit (language or images); or that
(d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule,
or regulation, including but not limited to:
(a) copyright, patent, trademark, or other proprietary rights;
(b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
(c) any confidentiality obligation;

3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any forum for commercial purposes of any kind;

4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain
a virus or other harmful component;

5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

6. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling,"
and "griefing" as those terms are commonly understood and used on the Internet;

7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols,
or modify any logos that you do not own or have express permission to modify;

8. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any forum.

Additionally, you may use electronic greeting cards or mobile messaging for noncommercial purposes only. You must furnish your actual e-mail address or mobile phone number in order to send a card or message.
Any business use, "remailing," or other high-volume application is strictly prohibited. You are not permitted to send cards or messages using an automated program. Electronic greeting cards and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. Electronic greeting cards and mobile messages that violate these guidelines will not be delivered.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these House Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the forum.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Durwin’s World website in violation of the law.

You should be aware that when you are on the Durwin’s World website, you could be directed to other sites that are beyond our control. There are links to other sites from the Durwin’s World web pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may
take you off the Durwin’s World website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves the Durwin’s World website, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that the Durwin’s World website is not responsible for those sites. We reserve the right to disable links from third-party sites to the Durwin’s World website, although we are under no obligation to do so.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the Durwin’s World website.

THE MATERIALS IN THE DURWIN’S WORLD WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE DURWIN’S WORLD WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DURWIN’S WORLD WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS ON THE DURWIN’S WORLD WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Durwin’s World website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Durwin’s World website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE DURWIN’S WORLD WEBSITE OR MATERIALS OR FUNCTIONS ON SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE DURWIN’S WORLD WEBSITE.

AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use
at any time.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of the Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the province or federal courts located in Ottawa, Ontario, and you hereby consent and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.