PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING
TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed
to have agreed to these terms and conditions of use. We reserve the right to
modify them at any time. You should check these terms and conditions
periodically for changes. By using this site after we post any changes to these
terms and conditions, you agree to accept those changes, whether or not you have
reviewed them. If, at any time, you choose not to accept these terms and
conditions of use, please do not use this site.
Scope of Terms
and Conditions
These terms and conditions apply to your use of all
the sites and services owned or operated by Seaside Holdings Ltd. dba Pendrell
Suites and affiliated companies, including companies controlled by Boyd
McConnell (collectively "we," "us" or "our"), including pendrellsuites.com,
vanmovietours.com and any other site that we have owned or operated, do
own and operate or may own or operate in the future (collectively, the "Sites").
Unless we say otherwise, all references to the Sites in these terms and
conditions include all such sites. These terms and conditions do not apply to
your use of unaffiliated sites to which any of the Sites only
links.
Restrictions on Use of Materials
The contents
of our Sites are protected by copyright and trademark laws and are the property
of their owners. Unless we say otherwise, you may access the materials located
within the Sites only for your personal use. This means you may download one
copy of posted materials on a single computer for personal, noncommercial home
use only, so long as you neither change nor delete any author attribution,
trademark, legend or copyright notice. When you download copyrighted material,
you do not obtain any ownership rights in that material.
You may
not modify, copy, publish, display, transmit, adapt or in any way exploit the
content of the Sites. Only if you obtain prior written consent from us—and from
all other entities with an interest in the relevant intellectual property—may
you publish, display or commercially exploit any material from the
Sites.
You must abide by all additional copyright notices or other
restrictions contained in any of the Sites.
You may not use spiders,
robots, data mining techniques or other automated devices or programs to
catalog, download or otherwise reproduce, store or distribute content available
on the Sites. You may not take any action to interfere with, or disrupt, the
Sites, circumvent security measures or attempt to exceed the limited
authorization and access granted to you under these terms and
conditions.
Links
These terms and conditions apply
only to the Sites and not to the sites of any other companies or organizations,
including those to which any of the Sites may link. We are not responsible for
the availability of any other site to which any of the Sites links. We do not
endorse or take responsibility for the contents, advertising, products or other
materials made available through any other site. Under no circumstances will we
be held responsible or liable, directly or indirectly, for any loss or damage
that is caused or alleged to have been caused to you in connection with your use
of, or reliance on, any content, goods or services available on any other site.
You should direct any concerns to that site's administrator or
webmaster.
Other sites may link to any of the Sites only through a
plain-text link to the home page of such Site. Permission must be granted by us
for any other type of link to the Sites. To seek our permission, you may write
to Seaside Holdings Ltd.: Online Department, Ste. 2 - 1419 Pendrell Street,
Vancouver, BC V6G 1S3, Canada. We reserve the right, however, to rescind
any permission granted by us to link through a plain-text link or any other type
of link and to require termination of any such link to any of the Sites at our
discretion at any time.
Forums
A "forum" means any
message board, chat room, user review forum or other interactive service
appearing on any of the Sites and includes both public boards and private
folders. You must register in accordance with instructions that you will find on
the Sites in order to contribute to any forum and comply with the House Rules or
other acceptable use policy. You may not post on any forum, or send to any other
forum user or our employee, any material that is abusive, vulgar, threatening,
harassing, libelous, defamatory, obscene, invades a person's privacy, violates
any intellectual or other property rights or that would otherwise violate any
law. You may not use any forum in a commercial manner. You may not post material
that solicits funds or that advertises or solicits goods or services. You may
not post material known to be false. You may not post messages that contain
stock touts. You may not post or transmit any information, software or other
material that contains a virus or other harmful component.
We are not
responsible for material appearing in any forum on the Sites, except for
material signed by one of our identified representatives. We are not responsible
for screening material posted by users for libel, obscenity, invasion of
privacy, copyright or trademark infringement, accuracy, or for any other reason.
We retain, however, the right to reject, modify or remove messages or other
material that we, in our sole discretion, consider infringing, offensive,
abusive, defamatory, obscene, stale, or otherwise unacceptable or that violate
Harpo policies, these Terms and Conditions or any other agreements between the
user and Harpo and/or its related entities. We also reserve the right to edit
materials for any other reason. Whether or not we modify or remove such
material, users remain solely responsible for the content of their messages or
postings.
By posting on the Sites, you grant (or warrant that the owner
of such rights has expressly granted) us and/or relevant affiliated companies
the worldwide, perpetual, nonexclusive right to use your questions, comments,
and postings, in their original or edited form, in television programs, books,
articles, commentaries, or in any other medium now known or later developed. You
also warrant that you own or otherwise control all of the rights to the content
you have posted and that the public posting and use of such content by us will
not infringe the rights of any third party. Additionally, you warrant that any
"moral rights" in posted materials have been waived.
You are not entitled
to any compensation for any materials you may post on the
Sites.
Submissions
We welcome your comments about
any of the Sites. However, unless a Site has set up a specific submissions
policy, we will not review or consider any unsolicited creative submissions. We
hope you will understand that this policy is intended to avoid the possibility
of future misunderstandings in the event that projects developed by our
professional staff might seem to others to be similar to their own creative
work. Accordingly, we must ask that you not send us any original creative ideas,
suggestions or materials. If, despite our request, you send us any creative
idea, suggestion or material ("Submission"), it shall become our property. No
Submission will be subject to any obligation of confidence by us, and we will
not be liable for any use or disclosure of any Submission. We will exclusively
own all known or later-existing rights to the Submission worldwide and will be
entitled to the unrestricted use of the Submission for any purpose, without
compensation to the provider of the Submission.
If you are submitting
something to a Site that has set up a submissions policy, please consult that
site for its specific
requirements.
Registration
If you access the
Sites anonymously, you may do so as a visitor and will not be required to
provide personally identifiable information. However, in order to access certain
services on the Sites, you will be required to provide specific information. All
information about you must be truthful, and you may not use any aliases or other
means to mask your true identity. Screen names or IDs may not be offensive,
deceptive or violate any other party's rights. Any access codes or passwords
provided should be safeguarded at all times. You are responsible for the
security of your access codes and passwords and will be solely liable for any
use or unauthorized use under such access codes or passwords.
We may, at
our discretion, suspend or terminate the registration of any forum user or
general user who violates any of these terms and conditions of use or any
of the forum member guidelines or for any other behavior that we, in our
discretion, believe is inappropriate.
Disclaimers
THE
SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY
OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN
THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR
THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS
OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WE OR ANY
OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or
services offered on the Sites. We are not a party to, and do not monitor, any
transaction between users and third-party providers of products or
services.
Limitation of Liability
UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR
LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES OR
ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS
OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING
THE SITES.
No Personal Advice
The information
contained in or made available through the Sites (including but not limited to
information contained on message boards, in text files or in chats) cannot
replace or substitute for the services of trained professionals in any field,
including, but not limited to, financial, medical or legal matters. In
particular, you should regularly consult a doctor in all matters relating to
physical or mental health, particularly concerning any symptoms that may require
diagnosis or medical attention. We and our licensors or suppliers make no
representations or warranties concerning any treatment, action or application of
medication or preparation by any person following the information offered or
provided within or through the Sites. Neither we nor our partners, or any of
their affiliates, will be liable for any direct, indirect, consequential,
special, exemplary or other damages that may result, including but not limited
to economic loss, injury, illness or death.
Parental
Permission
Some of the information available on the Sites concerns
the topic of sex and may not be appropriate for children. Further, the Sites are
not directed to children under the age of 13,and we will not knowingly collect
personally identifiable information from children under 13. WE STRONGLY
RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE
INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO
LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We
may, at our discretion, require users under 18 to obtain the consent of a parent
or guardian to view certain content, and we may limit access to certain content
to users above a specified age. You agree to abide by any such restrictions and
not to help anyone avoid these restrictions.
We reserve the right to
charge fees, surcharges and/or membership fees for all or any of its services
currently provided for free at any time upon thirty (30) days' prior written
notice to you.
Privacy Policy
We are committed to
protecting your privacy and security and have explained in detail the steps we
take to do so. We urge you to read our.
Indemnity
You
agree to defend, indemnify and hold us harmless, and our officers, directors,
employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt and expenses (including but not limited to
attorney's fees) arising from: (i) any breach by you of any of these terms and
conditions, (ii) your content and materials, (iii) your use of materials or
features available on the Sites (except to the extent a claim is based upon
infringement of a third-party right by materials created by us) or (iv) a
violation by you of applicable law or any agreement or terms with a third party
to which you are subject.
Jurisdictional Issues
We
control and operate this Site from our offices in the Canada. We do not
represent that materials on the Site are appropriate or available for use in
other locations. Persons who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance with local laws,
if and to the extent local laws are
applicable.
Miscellaneous
These terms will be
governed by and construed in accordance with the laws of the Province of British
Columbia, without regard to any principles of conflicts of law. You agree that
any action at law or in equity that arises out of or relates to these terms will
be subject to adjudication in Vancouver, BC. If any of these terms and
conditions are found unlawful, void,or for any reason unenforceable, then that
provision will be considered severable from the remaining terms and conditions
and will not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between you and us relating to the subject matter
it contains. This agreement may be modified only by our posting of changes to
these terms and conditions or by a writing signed by both
parties.
