Welcome to the Internet sites of Northill Creative Communications Inc. (“Northill”) which reference these Terms and Conditions, including, without limitation, THE-ANTHOLOGY.com, THEANTHOLOGY.ca, NORTHILL.CA, NORTHILLCREATIVE.com, and NORTHHILLCREATIVE.com, (each a “Northill Site” and collectively the “Northill Sites”). By using a Northill Site you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of a Northill Site, all as may be modified by Northill from time to time. If you do not agree with these Terms and Conditions, you may not use the Northill Sites.
All content available on the Northill Sites, including without limitation texts, articles, photographs, images, illustrations, audio and video excerpts are copyright Northill and/or Northill’s licensors, all rights reserved. Such content is protected by Canadian and worldwide copyright laws and treaty provisions. Northill grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device the content of which Northill is the copyright owner for your own personal, private and non-commercial use only, provided that you do not modify the content and that you maintain all copyright and other proprietary notices. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the content obtained through a Northill Site without the prior written consent of the respective copyright owner.
“The Anthology”, “The-Anthology”, “Northill”, “Northill Creative Communications” and “Northill Creative” and all associated designs and logos are trademarks (whether registered or not) of Northill. All other product, brand and company names and logos used or mentioned on a Northill Site may be the trademarks of their respective owners. Any use of any trademarks appearing on a Northill Site without the express written consent of the owner of the trademark is strictly prohibited.
4. USER CONDUCT
In consideration of the availability, and your use, of a Northill Site, you agree to comply with all applicable laws and these Terms and Conditions when using such Northill Site. Additionally, you agree not to:
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a Northill Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a Northill Site or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
5. LIMITATION OF LIABILITY
The Northill Sites are offered to you on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced or described on a Northill Site. You hereby acknowledge and agree that your use of the Northill Sites is at your own risk, and you hereby release Northill, its directors, officers, employees, shareholders, representatives, contractors and affiliates from any and all claims, suits, liabilities, damages, or actions arising out of, whether directly or indirectly, your use of a Northill Site and/or any third party sites that you have accessed by way of a link contained on a Northill Site. For greater certainty and without limitation to the foregoing, you acknowledge and agree that certain links on the Northill sites may take you to other websites. These linked sites are not under the control of Northill and Northill is not responsible for the content of any such linked sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Without limitation to the foregoing, you agree that Northill, its directors, officers, employees, shareholders, representatives, contractors and affiliates will not be responsible or liable in any way for the accuracy, legality, or decency of material contained in any site linked from a Northill Site.
You agree to defend, indemnify and hold harmless Northill, its directors, officers, employees, shareholders, representatives, contractors and affiliates, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to your breach of any of these Terms and Conditions or your access to or use of a Northill Site or the content contained thereon or on a site linked from a Northill Site.
7. GOVERNING LAW/JURISDICTIONAL ISSUES
All Northill Sites are controlled, operated and administered by Northill from its offices within Canada. Northill makes no representation or warranty that a Northill Site or any of the content thereon is appropriate or available for use at any locations outside Canada. If you access a Northill Site from outside Canada, you are responsible for compliance with all applicable laws.. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of British Columbia, Canada.
These Terms and Conditions are personal to you, and you may not assign your rights or obligations hereunder. These Terms and Conditions constitute the entire agreement between Northill and you pertaining to your use of the Northill Sites and the content thereon and supercede any prior agreements between you and Northill with respect to the subject matter hereof. Northill’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein.