triMirror Terms of Use


Effective as of 20 March 2018

1. General Information

This triMirror.com Terms of Use (the "Terms of Use") is an agreement between you ("You") and triMirror (the "Company"). "We" and "Us" means both you and the Company. This Agreement describes the terms and conditions applicable to your use of the Company's services available under the domain and subdomains of triMirror.com (the "Site"). These Terms of Use, together with our Privacy Policy, govern our relationship with you in relation to the Site. Your use of the Site constitutes your contractually binding acceptance of this Terms of Use, including any modifications that we make.

If you do not agree to be bound by the terms and conditions of this Terms of Use, or if you are under 13 years of age, do not use the Site or access our services.

2. Your Agreement to the Terms

By accessing this website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

3. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on triMirror's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on triMirror's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by triMirror at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Disclaimer

  1. The materials on triMirror's website are provided on an 'as is' basis. triMirror makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, triMirror does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5. Limitation of Liability

In no event shall triMirror or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on triMirror's website, even if triMirror or a triMirror authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless triMirror, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

7. Accuracy of materials

The materials appearing on triMirror's website could include technical, typographical, or photographic errors. triMirror does not warrant that any of the materials on its website are accurate, complete or current. triMirror may make changes to the materials contained on its website at any time without notice. However triMirror does not make any commitment to update the materials.

8. Links

triMirror has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by triMirror of the site. Use of any such linked website is at the user's own risk.

9. Modifications

triMirror may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

10. Ownership and Copyright

You acknowledge that any and all information, content, videos, 3D objects, comments, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other Site features (the "Website Design") are protected by Canadian and international intellectual and industrial property rights, including copyrights, trade-marks and other proprietary rights. These rights are valid and protected in all media existing now or later developed, and all use of the Content or Website Design shall be in accordance with such rights and the terms of this Terms of Use.

11. Linking to triMirror

Images of the triMirror logo can only be used for linking purposes and can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that triMirror approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the triMirror logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the triMirror logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

12. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content:

  1. is hereby licensed under the Creative Commons Attribution 4.0 License and may be used under the terms of that license or any later version of a Creative Commons Attribution License, or
  2. is in the public domain (such as Content that is not copyrightable or Content you make available under CC0), or
  3. if not owned by you,
    1. is available under a Creative Commons Attribution 4.0 License or
    2. is a media file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright.

All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.

Removal: triMirror may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or triMirror) does not impact any rights you granted in Your Content under the terms of a Creative Commons license.

13. Privacy Policy

triMirror is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

If you object to your personal information being transferred or used in this way, then do not provide us with any personal information and do not use the Site. When You submit information to us by email you automatically consent to the exchange of information and documents between Us electronically by e-mail.

14. Termination

By triMirror: triMirror may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by triMirror at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your triMirror Login System account) automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied triMirror legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

15. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Ontario and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

DISPUTE RESOLUTION AND ONTARIO LAW APPLIES You hereby consent and submit to the EXCLUSIVE jurisdiction of the courts of the province of Ontario in any action or proceeding related to the Site or Site Content and agree not to commence any such action or proceeding except in Toronto, Ontario, Canada. The laws of the province of Ontario and the laws of Canada applicable therein shall govern use of the Site and the interpretation, validity and effect of this Agreement, and shall be treated in all respects as an Ontario contract, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Company related to the Site, the Content, or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Company or its licensors. We have required that this Terms of Use and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

WAIVER OF JURY TRIAL YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT OF A JURY TRIAL IN ANY ACTIONS, PROCEEDINGS, OR SUITS THAT ARISE OUT OF OR RELATE TO THESE TERMS OF USE AND THE MATTERS CONTEMPLATED HEREBY.

Notices
If you have any questions, concerns or complaints with respect to the Site or Site Content you may contact us by submitting your message at Contact us.

© triMirror, 2018, Ontario, Canada. triMirror is a trade-name of Quakeup Media Production, Inc.,The triMirror logo is a trademark of Quakeup Media Production, Inc. All rights reserved.