SIGHMEDIA - WEB SITE USE AGREEMENT
This version in force since January 1st, 2005
Please read this agreement carefully. It governs your use of the Sighmedia.com web site and the Ecommerce Merchant Account | Montreal E-commerce services
and goods provided through the web site (collectively the "web site"). It exempts Sighmedia.com Inc. and
other persons from liability or limits their liability and contains other important provisions that you
should read. Each time you use the web site you acknowledge and signify that you have read, understood,
and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each
time you use the web site, you may not use the web site.
Each time you use the web site, the text of this agreement as it then reads will govern your use.
Accordingly, when you use the web site you should check the date of this agreement and review any changes
since the last version.
This Agreement contains the following provisions
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Permitted Users and Access
4. Misprints and Errors, Product Availability, Prices, and Orders
5. No Advice or Solicitation
6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
7. Login Names and Passwords
8. Termination of this Agreement and the Web Site
9. Information Submissions
10. Ownership and Permitted Use of the Web Site
11. Personal Information Privacy
12. Trade-mark Information
13. Other Sites
14. Linking and Framing the Web Site
15. Postings and Unsolicited Submissions
16. Transaction Agreements
17. Software Agreements
18. Contests
19. Governing Law and Dispute Resolution
20. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and Sighmedia.com Inc. ("Sighmedia.com"), and governs your use of the
Sighmedia.com Web site and its content and the Ecommerce Merchant Account and Montreal E-commerce services/goods provided through the Web site
(collectively the "Web Site"). Each time you use the Web Site you signify your acceptance and agreement,
and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement,
"person" includes any type of incorporated or unincorporated entity), without limitation or qualification,
to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to
and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not
agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement,
or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner. Sighmedia.com may, in its sole
discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site
from time to time, for any reason, and without any notice or liability to you or any other person, by
posting a revised Agreement on the Web Site.
3. PERMITTED USERS AND ACCESS
The Web Site may be used only by persons who have reached the age of majority or legal
age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site
may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may
be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site
is lawful, and you must comply with all applicable laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS
Sighmedia.com endeavours to provide current and accurate information on the Web Site. Nevertheless,
misprints or other errors may occur. Accordingly, Sighmedia.com reserves the right to change the prices,
fees and charges regarding the goods and services available through the Web Site at any time and from time
to time without any notice or liability to you or any other person. Also, Sighmedia.com cannot guarantee
that goods or services advertised on the Web Site will be available when ordered or thereafter.
Sighmedia.com also reserves the right at any time to reject, correct, cancel or terminate any order. If
you order goods or services for which the price was incorrectly displayed, Sighmedia.com will provide you
with an opportunity to cancel your order. If you order goods or services that are not available,
Sighmedia.com will notify you by email. Sighmedia.com reserves the right to limit quantities licensed or
sold.
The advertisements on the Web Site are invitations for purchase orders, and are not offers to sell.
Your properly completed and delivered order form constitutes your offer to purchase the goods or services
referenced in your order. Your order shall be deemed to be accepted only if and when Sighmedia.com sends
an order acceptance and shipping notice email to your email address. If you wish to cancel an order, you
may request a cancellation by sending an email to info@sighmedia.com.
However, Sighmedia.com may not
receive and process your cancellation request before it accepts and processes your order, in which case
your cancellation request may not be effective.
5. NO ADVICE OR SOLICITATION
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A
COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN
OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS
BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
Sighmedia.com strives to make your use of the Web Site, Ecommerce Merchant Account, Montreal E-commerce is a useful and enjoyable experience, and a safe and
easy way to purchase goods over the Internet. Nevertheless, Sighmedia.com and its service providers
(the "Providers") do not accept any liability for your use of the Web Site. For that reason, the following
provisions apply to your use of the Web Site:
- DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL
OF WHICH ARE HEREBY DISCLAIMED BY Sighmedia.com AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT Sighmedia.com OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE
OF THE WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND Sighmedia.com'S CONTROL.
THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY
RISKS CANNOT BE ELIMINATED.
Sighmedia.com IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS
WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. Sighmedia.com IS NOT A PARTY TO ANY
SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Sighmedia.com AND ITS PROVIDERS MAKE NO REPRESENTATION,
WARRANTY OR CONDITION THAT:
- THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
- THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
- THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
- CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
- THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
- THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND Sighmedia.com AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
SIGHMEDIA.COM/SIGHMEDIA INC. AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS,
ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF
THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY
Sighmedia.com OR ANY PROVIDER OR ANY PERSON FOR WHOM Sighmedia.com OR ITS PROVIDERS ARE RESPONSIBLE, AND
NOTWITHSTANDING THAT Sighmedia.com OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL Sighmedia.com'S OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR
ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT
OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY Sighmedia.com OR ANY PERSON FOR WHOM Sighmedia.com IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU
PAID TO Sighmedia.com FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF Sighmedia.com AND ITS PROVIDERS AND ALL OF THEIR
RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS,
LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER
OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL
FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR
UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE
WEB SITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF Sighmedia.com AND ITS PROVIDERS AND ALL OF
THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY,
THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT
LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY
CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF
THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES
IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY Sighmedia.com OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL
NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT
RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation
in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement
survive indefinitely after the termination of this Agreement.
7. LOGIN NAMES AND PASSWORDS
Web Site accounts may be accessed only by use of a unique login name and password. The use of a password
does not restrict access by Sighmedia.com and its Providers to the password-protected information.
Login names and passwords may not be shared. For security reasons, you must keep your login name and password
confidential and not disclose them to any person or permit any other person to use them, except an authorized
Sighmedia.com representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed
on a regular basis, and you must log-out at the end of each session. Accordingly an Ecommerce Merchant Account and Montreal E-commerce based systems are handled at our Montreal head office.
You are solely responsible and liable for any use and misuse of your login name and password and for all
activities that occur under your login name and password. You must ensure that all uses of your login name
and password comply with this Agreement.
You must immediately notify Sighmedia.com of any unauthorized use of your login name or password, or if
you know or suspect that your login name or password has been lost or stolen, has become known to any
other person, or has been otherwise compromised.
All login names and passwords remain the property of Sighmedia.com, and may be cancelled or suspended at
any time by Sighmedia.com without any notice or liability to you or any other person. Sighmedia.com is
not under any obligation to verify the actual identity or authority of the user of any login name or
password.
You must respond promptly to all email and other correspondence from Sighmedia.com, including without
limitation email and correspondence concerning complaints or concerns regarding your use of your login
name or password or your use of the Web Site.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS
IS AT YOUR OWN RISK.
8. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web Site.
Sighmedia.com may, in its sole discretion, change, suspend or terminate, temporarily or permanently,
the Web Site or any part of it or any of its features at any time, for any reason, without any notice
or liability to you or any other person.
Sighmedia.com may at any time and for any reason, with or without cause, and in its sole discretion,
immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user
password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by you or Sighmedia.com for any
reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior
use of the Web Site and your purchases of goods and services through the Web Site and anything connected with,
relating to or arising from those matters.
9. INFORMATION SUBMISSIONS
All information you provide through the Web Site, including registration information (name and email address),
payment information (credit card numbers and expiration dates), Ecommerce Merchant Account, Montreal E-commerce, and transaction-related information,
must be true, accurate, current and complete. You must also provide Sighmedia.com with updated
registration information and payment information within 30 days of any changes.
Sighmedia.com will rely on the information you provide. You will be solely responsible and liable for
any and all loss, damage, and additional costs that you, Sighmedia.com or any other person may incur as
a result of your submission of any false, incorrect or incomplete information or your failure to update
your registration information and payment information within 30 days of any change. Sighmedia.com may
require a copy of a government-issued form of identification before making any changes to your registration
information.
10. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software,
design, applications and other elements available on or through the Web Site are the property of
Sighmedia.com, its Providers and others, and are protected by Canadian and international copyright,
trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other
rights in the Web Site or its content. You may only use the Web Site in the manner described specifically
in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular,
except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated,
reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed
in any way, in whole or in part, without the express prior written consent of Sighmedia.com. You may
not use any of the software that is used in the operation of the Web Site except while you are use the
Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including
the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may access and browse the Web Site
using commercially available, SSL-capable Web browser software. You may print or download the pages of
the Web Site for your personal use provided that you do not modify any of the Web Site pages or other
content and you do not remove or alter any visible or non-visible identification, marks, notices, or
disclaimers.
11. PERSONAL INFORMATION PRIVACY
Sighmedia.com collects, uses, and discloses your personal information in accordance with the Privacy
Policy .
Sighmedia.com may change the Privacy Policy from time to time in its sole discretion. By accepting
this Agreement, and each time you use the Web Site, you consent to Sighmedia.com's collection, use
and disclosure of your personal information in accordance with the Privacy Policy as it then exists
without any further notice or any liability to you or any other person.
12. TRADE-MARK INFORMATION
Sighmedia, Sighmedia.com, Sighmedia.com, the Sighmedia.com logo, the Sighmedia logo, are
registered and unregistered trade-marks and trade names owned by Sighmedia Inc. and licensed to
Sighmedia.com. Other product and company names and logos appearing on the Web Site may be registered
or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the
Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on
the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any
licence or right to use any Marks displayed on the Web Site.
13. OTHER SITES
The Web Site may include advertisements for, and links to, other Web sites or resources and businesses
operated by other persons ("Other Sites"). Other Sites are independent from Sighmedia.com, and
Sighmedia.com has no responsibility or liability for or control over Other Sites, their business, goods,
services, or content. Links to Other Sites are provided solely for your convenience. Sighmedia.com
does not sponsor or endorse any Other Sites or their content or the goods or services available through
those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other
Sites is at your own risk, and you shall not make any claim against Sighmedia.com arising out of your use
of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and
Sighmedia.com, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion,
Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and
use of any Other Sites and their business, goods, services, and content.
14. LINKING AND FRAMING THE WEB SITE
Links to the Web Site without the express written permission of Sighmedia.com are strictly prohibited.
To request permission to link to the Web Site, please contact us at
info@Sighmedia.com. Sighmedia.com
reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time,
for any reason, without any notice, and without any liability to you or any other person. The framing
of the Web Site or any of its content in any form and by any method is strictly prohibited.
15. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey or Third Voice in connection with your use of the Web Site
or to post comments, communications, or any other data of any kind to or on the Web Site with the intention
that such postings may be viewed by other users of the Web Site.
Sighmedia.com does not accept or consider unsolicited ideas, including ideas for new advertising campaigns,
new promotions, new or improved goods, services or technologies, product enhancements, processes, materials,
marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings
or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials
("Submissions") to Sighmedia.com or the Web Site.
If you send Submissions to Sighmedia.com or the Web Site you automatically grant (or warrant that the
owner of the Submissions grants) to Sighmedia.com and its assigns a perpetual, royalty-free, irrevocable,
unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display
and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with
the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology
now known or later developed, without providing compensation to you or any other person, without any
liability whatsoever, and free from any obligation of confidence or other duties on the part of
Sighmedia.com or its assigns, and you agree, represent and warrant that all moral rights in the
Submissions are waived in favour of Sighmedia.com and its assigns.
16. TRANSACTION AGREEMENTS
All transactions through the Web Site, including the purchase and sale of goods and services and the
licensing of software, are governed by this Agreement and any applicable Transaction Agreement.
By participating in a transaction through the Web Site, you signify your agreement and acceptance of
the applicable Transaction Agreement.
17. SOFTWARE AGREEMENTS
Sighmedia.com may cause software to be available for you to download from the Web Site or through other
Web sites, including Web sites operated by Providers. The software is protected by copyright, and your
downloading and use of the software are governed by the applicable Transaction Agreement and the Software
Licence Agreement specific to the software. By downloading software, you signify your agreement and
acceptance of the applicable Transaction Agreement and Software Licence Agreement.
18. CONTESTS
From time to time Sighmedia.com may make contests available to users of the Web Site and others.
All contests are governed by this Agreement and the applicable Contest Rules. By participating in
a contest through the Web Site, you signify your agreement and acceptance of this Agreement and the
applicable Contest Rules.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The Web Site is controlled by Sighmedia.com from Montreal, Quebec. This Agreement,
your use of the Web Site, and all related matters are governed solely by the laws of the
Quebec, Canada and applicable federal laws of Canada, excluding any rules of private
international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Sighmedia.com and you or any other person arising from, connected with or
relating to the Web Site, this Agreement or any related matters must be resolved before the Courts
of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby
irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect
of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use
of the Web Site, this Agreement, or any related matters must be commenced in a court of competent
jurisdiction in the City of Montreal, Quebec, Canada within six (6) months after the
claim or cause of action arises, after which time the claim or cause of action is forever barred,
regardless of any statute or law to the contrary.
20. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect
the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of Sighmedia.com
and its Providers and each of their respective successors and assigns and related persons, including
without limitation Sighmedia Inc., and you and your heirs, executors, administrators, successors,
permitted assigns, and personal representatives. You may not assign this Agreement or your rights and
obligations under this Agreement without the express prior written consent of Sighmedia.com, which may
be withheld in Sighmedia.com's sole discretion. Sighmedia.com may assign this Agreement and its rights
and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will
constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding
or subsequent breach or default.
You and Sighmedia.com are independent contractors and no agency, partnership, joint venture,
employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents
be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat
et tous les documetns qui s'y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to Sighmedia.com.
This Agreement is subject to change without notice.
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