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DontFart.com - Terms of Use

OUR TERMS:

Introduction:
These Terms of Use (these "Terms") apply to your use of web sites operated by APM Media Group (the "Sites") and your participation in the contests and other membership programs (collectively, the "Programs") offered through the Sites.

Acknowledgment & Acceptance
By using the Sites or participating in the Programs, you agree that you understand, and will comply with, these Terms and with the rules governing all individual Programs (the "Rules"), as amended from time to time.

APM Media Group's Privacy Policy
Personal information collected by APM Media Group through the Sites will only be used or disclosed in accordance with APM Media Group's Privacy Policy.

Terms of Participation
Subject to the applicable Rules, you may enrol as a member. Participation in some of the Programs are restricted to residents of Canada and of the age of majority in the province or territory in which you reside. Only individuals may enrol. Individuals under the age of majority in the jurisdiction in which they reside may enrol provided that such individual's parent or legal guardian completes the parental consent portion of the registration form.

An individual may enrol only once. APM Media Group allows only one email address per member.

Only registered members may participate in the Programs.

You agree to provide only true, accurate and complete information to APM Media Group (including to its sponsors and partners) at all times, to ensure that all information in your personal profile is up-to-date, complete and accurate at all times. Your failure to provide true and accurate information, or to maintain the accuracy of the information in your personal profile may result in the termination of your membership and/or your exclusion from future use of the Sites or participation in the Programs.

Member Account, Password and Security
You will choose a password and account name as part of the member registration process. You are responsible for maintaining the confidentiality of your password and account name, and are fully responsible for all activities that occur under your password or account name. You agree to: (a) immediately notify APM Media Group of any unauthorized use of your password or account name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. APM Media Group cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Compliance with Laws and Prohibited Conduct
You agree to comply with all applicable laws, rules and regulations ("Local Laws") and acknowledge that you may only use the Sites and/or participate in the Programs if and to the extent that such participation is permitted by such Local Laws. APM Media Group may refuse, restrict, modify, or terminate your use of the Sites or participation in the Programs, without notice or liability to you.

You agree not to engage in any conduct which APM Media Group, in its sole discretion, determines to be detrimental to the interests of APM Media Group, its sponsors, advertisers or partners ("Prohibited Conduct"). Without limiting the generality of the foregoing, Prohibited Conduct includes: acting or failing to act in a manner contrary to these Terms or any Rules; or attempting to create multiple membership accounts.

Disclaimer of Warranties
YOUR USE OF THE SITES AND PARTICIPATION IN THE PROGRAMS IS AT YOUR SOLE RISK. THE SITES AND THE PROGRAMS ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. APM Media Group MAKES NO WARRANTY WITH REGARD TO THE SITES OR THE PROGRAMS OR THE QUALITY OF ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY YOU THROUGH THE SITES OR THROUGH APM Media Group'S SPONSORS, ADVERTISERS OR PARTNERS; THAT THE SITES OR THE PROGRAMS WILL MEET YOUR REQUIREMENTS; OR THAT INFORMATION EXCHANGED THROUGH THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES APM Media Group PROVIDE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES.

APM Media Group EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. APM Media Group SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE OFFERS, GUARANTEES, WARRANTIES AND REPRESENTATIONS, IF ANY, OF APM Media Group's ADVERTISERS, SPONSORS, PARTNERS, MANUFACTURERS OF MERCHANDISE OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APM Media Group OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES OR PARTICIPATION IN THE PROGRAMS IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. APM Media Group NEITHER ENDORSES THE CONTENTS OF THIRD PARTY ADVERTISEMENTS OR WEB SITES, NOR ASSUMES RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF INFORMATION OR MATERIAL CONTAINED THEREIN, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR FOR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY. APM Media Group IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR UNAVAILABILITY OF THE SITES DUE TO INTERRUPTIONS OR DISCONTINUANCE OF SERVICE BY THIRD PARTY SERVICE PROVIDERS.

Limitation of Liability
APM Media Group SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), RELATING TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAMS OR YOUR USE OF THE SITES OR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH THE SITES EVEN IF APM Media Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APM Media Group'S LIABILITY, EITHER JOINTLY OR SEVERALLY, EXCEED $100.00 IN AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Termination
YOUR RIGHT TO USE THE SITES AND TO PARTICIPATE IN THE PROGRAMS IMMEDIATELY CEASES UPON TERMINATION OF YOUR MEMBERSHIP.

You may terminate your membership at any time by submitting a termination request through the applicable Site and receiving a reply message from APM Media Group confirming termination. Termination shall be effective upon APM Media Group's delivery of such confirmation.

APM Media Group reserves the right to terminate any membership that does not show any activity within the first forty-eight (48) hours after the account was activated. APM Media Group reserves the right to terminate any membership that has been inactive for a period of three (3) consecutive months.

APM Media Group reserves the right to terminate your membership where APM Media Group determines, in its sole discretion that you appear to be engaged in Prohibited Conduct or have otherwise acted, or failed to act, in a manner contrary to these Terms as amended from time to time. APM Media Group's decisions with respect to termination of your membership are final. APM Media Group shall have no liability to you in connection with the termination of your membership.

Membership terminates immediately in the event of your death.

Non-Transferability
Your right to use the Sites and participation in the Program is non-transferable.

Proprietary Rights to Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which such Content originated. This means that you, and not APM Media Group, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Sites. You understand that by using the Sites, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Sites to upload, post, email, or otherwise transmit any Content that: (a) is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (d) interferes with or disrupts the Sites or Programs or servers or networks used in connection with the Sites or Programs. e) any messages/content that would be considered SPAM. APM Media Group shall have the right to remove any Content that violates these Terms or is otherwise objectionable.

You acknowledge and agree that APM Media Group may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of APM Media Group, its users and the public.

You acknowledge that APM Media Group's Content (which includes, but is not limited to, Programs, computer software, text, audio, video, photographs, graphics or other material contained in or used in connection with the Sites, or in any email message, advertisement or other communication, whether originating directly from APM Media Group or from APM Media Group's sponsors, advertisers or partners) is protected by proprietary rights and intellectual property laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of the APM Media Group Content, or any part thereof, without APM Media Group's prior written consent.

Indemnification
MEMBER AGREES TO INDEMNIFY AND HOLD APM Media Group, ITS SPONSORS, ADVERTISERS AND PARTNERS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, EXPENSE OR DAMAGE, INCLUDING REASONABLE LEGAL FEES, RELATING TO YOUR USE OF THE SITES OR PARTICIPATION IN THE PROGRAMS, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY.

Modification to Terms of Use
APM Media Group reserves the right to suspend, modify or discontinue, temporarily or permanently, the Sites or the Programs without notice or liability to you.

APM Media Group reserves the right to change these Terms and/or any part hereof, at any time. The most recent version of these Terms will be posted on the Sites at all times. Your continued use of the Sites and/or participation in the Programs constitutes your agreement to any such amendments. If you do not agree with the amended Terms, your sole remedy is to terminate your membership.

Notices
Notices from APM Media Group to you may be given by email or regular mail to the most recent addresses you have provided to APM Media Group. The general posting of information on the Sites shall be deemed to constitute "Notice" to all members.

Entire Agreement
These Terms and the Rules constitute the entire agreement between APM Media Group and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or representatives with respect to such subject matter, all of which are hereby cancelled.

No Waiver
APM Media Group's failure to exercise or enforce any right or provision hereunder shall not constitute a waiver of such right or provision unless acknowledged and agreed to by APM Media Group in writing.

Governing Law
These Terms shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein. Any dispute or claim arising out of these Terms or the Rules, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Toronto, Ontario, Canada, under the Commercial Arbitration Rules of the Canadian Arbitration Association by three arbitrators appointed in accordance therewith. Judgement on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. If any provision(s) hereof is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and APM Media Group agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.