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Terms and Conditions

LAST UPDATED ON April 16, 2012 

 

Welcome to www.momoftheyear.ca (this “Site”). This Site is provided by Twist Image Multimedia Inc., on behalf of Wal-Mart Canada Corp. (“Walmart Canada”, “Walmart”. “we” and/or “us”) as a service to you (“you”). Please review the following terms and conditions that govern your use of this Site (the “Agreement“). Walmart Canada provides you access to this Site subject to the terms and conditions of this Agreement.  Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Walmart Canada reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, Walmart Canada will post the new Agreement on this Site and note the date that it was last updated.  Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed.

By using this Site, you represent that you are of the age of majority in your jurisdiction.  If you are not of the age of majority in your jurisdiction, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement.  If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.

 

CANADIAN USAGE

 

This Site may only be used by residents of Canada.  If you use this Site outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.

 

COPYRIGHTS and TRADEMARKS

 

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips,  downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents“) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Wal-Mart Stores, Inc., Walmart Canada, or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Walmart Canada and is also protected by Canadian, U.S. and international copyright laws.

 

© 2004-2013 Wal-Mart Canada Corp. All Rights Reserved.

 

Walmart Canada and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Walmart Canada’s, Wal-Mart Stores, Inc.’s, Twist Image Multimedia Inc.’s or any third party’s intellectual property rights.

 

The Walmart names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Wal-Mart Stores, Inc. and are used in Canada under exclusive license by Walmart Canada. All other marks are the property of their respective companies. No trade-mark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

 

LINKS

 

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Walmart Canada’s endorsement, sponsorship or recommendation of the third party, information, product or service. Walmart Canada is not responsible for the content of any third party sites (including other sites hosted by Twist Image Multimedia Inc.) and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.  Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

 

USE OF THIS SITE

 

This Site and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print one copy of the Contents and other downloadable materials displayed on this Site for your personal use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. All software used on this Site is the property of Walmart Canada or its suppliers or licensors and protected by Canadian, U.S. and international copyright laws. The content and software on this Site may be used only for webcast registration and participation.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

 

SITE SECURITY

 

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:  (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Walmart Canada will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Walmart Canada on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Chrome).

 

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

 

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Walmart Canada on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments“) you grant Walmart Canada a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however Walmart Canada desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

 

For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.  Walmart Canada is and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to user any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to the Site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trade-mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to this Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.  You will not impersonate any person or entity or misrepresent your affiliation to a person or entity.  You are and shall remain solely responsible for the content of any Comments you make.

 

You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above.  You hereby waive all your moral rights in the Comments for the benefit of Walmart Canada and its successors, assigns and licensees.

Walmart Canada reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Walmart Canada the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Walmart Canada and its affiliates for all claims resulting from or relating to any Comments you submit.

 

Walmart Canada and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

 

OBJECTIONABLE CONTENT

 

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that Walmart Canada and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold Walmart Canada harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

 

PRIVACY

 

In using the Site, you agree not to send emails to individuals without their consent or post any Comments that include personal information of third parties. Walmart Canada’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information, are governed by Walmart Canada’s Webcast Privacy Policy that is available on the Site.  Please review this privacy policy and print a copy for your records.

 

TERMINATION

 

The Agreement is effective unless and until terminated by either you or Walmart Canada. You may terminate this Agreement at any time, provided that you immediately discontinue any further use of this Site. Walmart Canada also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to this Site. Upon any termination of the Agreement by either you or Walmart Canada, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Agreement or otherwise, except for one copy of this Agreement and other materials applicable to your use of this Site or orders for products or services you have placed on the Site.

 

DISCLAIMER

 

THIS SITE IS PROVIDED BY TWIST IMAGE MULTIMEDIA INC., ON BEHALF OF WALMART CANADA ON AN “AS IS” AND “AS AVAILABLE” BASIS. WALMART CANADA MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART CANADA DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WALMART CANADA DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

 

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION ON IMPLIED WARRANTIES AND CONDITIONS.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.  THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMART CANADA AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; AND (3) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALMART CANADA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

 

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF DAMAGES AS PROVIDED ABOVE.  IF THESE LAWS APPLY TO YOU, SOME OF THE EXCLUSIONS REFERRED TO ABOVE MAY NOT APPLY TO YOU.  THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

 

GENERAL 

 

This Agreement represents the complete agreement between you and Walmart Canada in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of Walmart Canada to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Walmart Canada’s rights with respect to such breach or any subsequent breaches. Walmart Canada shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control.  You may not assign these Terms of Use to any third party without the prior written consent of Walmart Canada.  These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Walmart Canada and its successors and assigns.  This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Walmart Canada or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.  It is the express wish of the parties that this Agreement and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

 

Copyright © 2013 Wal-Mart Canada Corp.