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The services provided by ERasaneh are subject to the following Terms and Conditions.
By visiting this website (collectively, including all Content (as defined below)
available through the ERasaneh.com domain name, the “ERasaneh Website" or "Website")
or using the ERasaneh Services (as defined below), You (the "You" or "User")
accept these Terms and Conditions and the terms and conditions of ERasaneh 's
Privacy Policy which are incorporated herein by reference, and agree to be bound
by them. If You do not agree to these terms, then please do not use the ERasaneh
Website. ERasaneh reserves the right to change or amend these Term and Conditions
or Privacy Policy at any time and to notify You by posting an updated version of
the Term and Conditions on this Website. The amended Terms and Conditions or Privacy
Policy, as the case may be, shall be effective immediately upon posting.
The "Service" shall include (a) the Website, (b) the services provided by the
Website, and (c) the Contents. The "Contents" shall include all data, text,
images, music, sounds, photographs, graphics, video, content, programming and
software or other materials made available through the Website.
1. LICENSE AND INTELLECTUAL PROPERTY RIGHTS
(a) Grant of limited License.
ERasaneh grants You a non-exclusive, non-transferrable, limited license to view
and use the channel(s) or programs available on the Website over the Internet
at any given time and in strict conformity with these Terms and Conditions.
(b) Intellectual Property Rights.
The Services and Contents are owned by ERasaneh and/or its licensors and content
providers and are protected by applicable domestic and international copyright
trademarks, service marks, patents or other proprietary rights and lawsl. You
are strictly prohibited from and shall not record, copy, distribute, publish,
perform, modify, download, transmit, transfer, sell, license, reproduce, create
derivative works from or based upon, distribute, post, publicly display, frame,
link, or in any other way exploit any portion of the Services or the Contents,
in whole or in part. Any rights not expressly granted to You are reserved. Any
violation of copyright laws may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
(c) Non-Commercial/Personal Use Limitation.
ERasaneh grants You this limited license for the limited purpose of personal use,
and not for any commercial purpose. No business entity (e.g., corporation,
partnership, sole proprietorship) is licensed to use this Website, without prior
written permission. You hereby agree not to use the Services or the Contents, or
portion thereof, for any commercial purpose whatsoever.
2. SERVICES AND CONTENTS
(a) Nature of Services.
ERasaneh offers its Services for entertainment purposes only. ERasaneh does not
warrant the truth or validity of the information contained on its Website. You
acknowledge and understand that, because of the possibility of human and
mechanical error, mistakes or omissions in the data or information provided,
delays or interruptions of the data or information stream from whatever cause,
as well as other factors, ERasaneh is not responsible for errors in or omissions
from the information contained or accessed through the Website.
(b) Third-Party Content.
Each contributor of the Contents is solely responsible for the accuracy, reliability,
nature, rights clearance, compliance with law and legal restrictions associated
with their contribution. In addition, Website may contain links to websites that
are not owned or controlled by ERasaneh. ERasaneh assumes no responsibility for
the content, privacy policies, or other practices of third-party websites. You are
encouraged to read the terms and other policies of such websites. By using the
Service, You agree that ERasaneh shall not be liable in any manner due to your
use of any third-party Content or Website. In addition, ERasaneh will not and
cannot censor or edit the content of any third-party site. By using the Website,
You expressly relieve ERasaneh from any and all liability arising from your use
of any third-party website.
(c) Nature of Content.
ERasaneh offers video content of various types including, but not limited to,
sports, news, drama, etc. and does not warrant that all Content is appropriate
for all age viewers. Minors should only access this Wesite with parental
permission. The Website is not intended for use by children under the age of 13.
(d) Registration and Account.
When registering your account, You must provide accurate and complete information
as requested, including a valid email address.
(e) Username/Password.
ERasaneh may issue You a username and/or password for access to certain portions of,
or services provided via the Website. You must hold and secure any such username or
password as strictly confidential. Accordingly, You shall not allow friends, family,
business associates or other persons access to or use of such username or password.
ERasaneh shall not be responsible whatsoever in the event that your password is
misappropriated by a third party. You must notify ERasaneh immediately of any
breach of security or unauthorized use of your account. Although ERasaneh will
not be liable for your losses caused by any unauthorized use of your account, You
may be liable for the losses incurred by ERasaneh or others due to such unauthorized use.
3. PRICING, SUBSCRIPTION AND PAYMENT
(a) Pricing.
As part of our promotional launch, the Services are currently available for free.
ERasaneh may choose to start charging a fee at any time. We will notify of our
intent to start charging fees for the services via email sent to theaddress
provided as part of the registration process.
4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
(a) General.
By using the Website, You expressly agree that use of the Website is at your sole risk.
The Website is provided on an "AS IS" and "as available" basis. Neither ERasaneh nor
its affiliated entities nor each of their respective officers, directors, employees,
agents, third-party content providers, designers, contractors, distributors, merchants,
sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the
Website will be uninterrupted or error-free or free from viruses, security breaches
or the like. Neither ERasaneh nor its Affiliates warrant the accuracy, integrity or
completeness of the Services or Contents offered for sale on the Website. ERasaneh
makes no representation or warranty that the Contents in this Website are legal,
appropriate or available for use in all geographic locations. Those who choose to
access this Website do so at their own risk and are responsible for compliance with
any and all local laws, if and to the extent such local laws are applicable.
(b) ERasaneh AND ITS AFFILIATES DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT
TO THE SERVICES OR CONTENTS SOLD THROUGH THE WESITE. YOU EXPRESSLY AGREE THAT THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR
COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED
SOLELY BY YOU.
(c) NEITHER ERasaneh NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
(d) WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS
DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ERasaneh AND ITS AFFILIATES
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
(e) Indemnity.
You agree to defend, indemnify and hold harmless ERasaneh and its Affliates 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) your
use of and access to the Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without limitation
any copyright, property, or privacy right. These defense and indemnification
obligations will survive these Terms and Conditions and your use of the Website.
5. GENERAL TERMS
(a) Notices.
Notices by ERasaneh to You may be given by means of a general posting at the Website.
Notices (including questions, complaints, or legal notices) by You may be given by
electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail)
must be sent to support@ERasaneh.com; (ii) Mail and courier deliveries must be
sent to: ERasaneh, Inc. c/o The Group of Gold Line 180 West Beaver Creek Rd.
Richmond Hill, Ontario L4B 1B4 , Canada.
(b) Governing Law/Forum Selection. These Terms
and Conditions are governed by the laws of the Province of Ontario to contracts
made and performed solely in the Province of Ontario, without regard to conflict
of laws principles. You hereby consent to the exclusive jurisdiction and venue
of the courts in Toronto, Ontario in any and all claims or disputes arising out
of, to enforce, construe, or otherwise relating to these Terms and Conditions
or this Website.
(c) Written Agreement.
These Terms and Conditions constitute a written agreement between You and ERasaneh.
A printed version of these Terms and Conditions, and of any notice given in
electronic form related to this agreement, shall be admissible in judicial
or administrative proceedings to the same extent, and subject to the same
restrictions, as other business contracts, documents, or records originally
generated and maintained in printed form. Furthermore, You hereby waive any
and all defenses You may have based on the electronic form of these Terms
and Conditions and the lack of signing by the parties hereto to execute
these Terms and Conditions.
(d) Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and
ERasaneh related to this Website. These Terms and Conditions supersede all
prior written, oral, or electronic agreements between You and ERasaneh
relating to this Website.
(e) Limitation of Cause of Action.
You and ERasaneh agree that any cause of action arising out of or related to
the Services must commence within one (1) year after the cause of action
arose or be forever barred.
(f) Ability to Accept Terms of Service.
You affirm that You are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and
to abide by and comply with these Terms of Service. In any case, You
affirm that You are over the age of 13, as this Website is not intended
for children under 13. If You are under 13 years of age, then please do
not use this Website.
(g) Assignment.
You may not assign your rights and obligations hereunder. However,
ERasaneh's rights and obligations are fully assignable.
(h) Modifications.
ERasaneh has the right to modify these Terms and Conditions and any policies affecting
the Website. Any modification is effective immediately upon posting to the Website.
Your continued use of the Website shall be conclusively deemed an acceptance of all
such modification(s). Your only right with respect to any dissatisfaction with any
modifications made pursuant to this provision, or any policies or practices of
ERasaneh in providing the Website, including without limitation (i) any change
in the Content, or (ii) any change in the amount or type of fees associated with
the Services, is to cancel your subscription in accordance herewith. ERasaneh
has the right to modify, suspend or discontinue the Website or any portion thereof
at any time. ERasaneh may also impose limits on certain features and services or
restrict your access to parts or all of the Website without notice or liability.
(i) Waiver and Severability.
The failure of either party to exercise or enforce any right or provision of these
Terms and Conditions shall not constitute a waiver of such right or provision.
If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of these Terms
and Conditions shall continue in full force and effect.
(m) Privacy Policy.
It is ERasaneh's policy to respect the privacy of our users. Please click on the
"Privacy Policy" hypertext link located at the bottom of our Web pages to view our policy.
(n) Access to Your User Account.
You specifically agree that ERasaneh may access your user account where necessary.
(o) Order Acceptance.
Your receipt of an electronic or other form of order confirmation does not signify
ERasaneh's acceptance of your order, nor does it constitute confirmation of our
offer to sell. ERasaneh reserves the right at any time after receipt of your
order to accept or decline your order for any reason whatsoever, with no liability
whatsoever.
(p) Termination.
ERasaneh may terminate your access to any part or all of the Services at any time,
if ERasaneh decides in its sole and absolute discretion for any reason whatsoever
to do so, without any liability to You. If ERasaneh terminates your subscription
based on a breach of any portion of these Terms and Conditions, ERasaneh reserves
the right to refuse to provide Services to You in the future.
© © 2008 ERasaneh. All Rights Reserved!
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