Terms of Use

 

The “Unspeakable” television series website located at www.unspeakable.com (the “Website”) is licensed, operated and owned and made available to you by 4H Productions Inc. (hereinafter referred to as “Company”, “Our”, “Us” or “We”) and is being made available to you subject to the following terms of use (“Terms of Use”).  By accessing and using the Website, you agree to be bound by these Terms of Use.  If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.  From time to time, We may also amend these Terms of Use by posting revisions on the Website with no additional notice to you.  Please check back frequently to see the Terms of Use then in effect.  Your continued access to and use of the Website will constitute acceptance of the amended Terms of Use.  If you do not agree with these Terms of Use, or any future amendments, your sole recourse is to cease use of the Website.

 

Service Description

 

The Website provides users with access to information about the television mini-series entitled “Unspeakable”, as well as a host of related, interactive and other online experiences. We may augment, change, suspend, modify or discontinue any aspect of the Website at any time without notice.

 

Intellectual Property

 

All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available on the Website or available via a link from the Website to a page created by Us on another website (collectively, the “Content”), are the sole property of the Company and/or its licensors.  All Content is protected by copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.  Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited.  In addition, use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited.


You may download one copy of the Content to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.  You may not otherwise copy, reproduce, perform, distribute, display, sell or create derivative works of the Content.

 

Links to Third-Party Websites

 

We may offer links on the Website to the websites of third parties.  Such links are provided only as a convenience.  We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites.  You assume full responsibility for your use of third party websites.  Such websites may be governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

 

We may also offer links to Content created by Us and available on other websites.  If you link to that Content you are responsible for ensuring that you comply with the terms of use applicable to those websites while you are visiting them.

 

Indemnification

 

By using the Website, you agree to defend, indemnify and hold harmless the Company, and Our licensors and partners, and their respective employees, officers, directors, or agents (collectively, the “Released Parties”) from any and all claims, liabilities and expenses, including, without limitation, attorneys’ fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your breach of these Terms of Use, or infringement of the rights of any third party.

 

No Warranties

 

YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK.  ALL CONTENT AND USER CONTENT INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, FACTUAL OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

 

Neither reference to a product or service by trade name, trademark, manufacturer, supplier or otherwise, nor a review of such product or service, constitutes or implies endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.  We do not sell, resell, or license any of the products or the services that we review, list, or advertise on the Website, and we disclaim any responsibility for or liability related to them.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  BECAUSE SOME JURISDICTIONS TO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Disclaimer / Limitation of Liability

 

Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.

 

UNDER NO CIRCUMSTANCES WILL WE, OR ANY RELEASED PARTY, BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OUR WEBSITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE COMPANY AND THE RELEASED PARTIES DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OUR WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, (A) ANY ERRORS IN, OR OMISSIONS FROM, OUR WEBSITE AND THE CONTENT; (B) ANY THIRD-PARTY WEBSITES, CONTENT AND/OR SERVICES DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM OUR WEBSITE; (C) THE UNAVAILABILITY OF OUR WEBSITE OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE; (E) ANY ERRORS IN, OMISSIONS FROM, OR IDEAS, INFORMATION AND/OR OPINIONS CONTAINED IN USER CONTENT ON THE WEBSITE; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR WEBSITE; OR (G) ANY COMPUTER VIRUSES, WORMS OR TROJAN HORSES, ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, OR UNAUTHORIZED ACCESS TO, OUR WEBSITE BY ANY PERSON, GROUP OR ORGANIZATION.  Some jurisdictions do not allow exclusion or limitation of CERTAIN damages.  ACCORDINGLY, the EXCLUSIONS AND/OR limitations above may not apply to you.

 

Each Released Party is hereby constituted a third party beneficiary of the provisions of these Terms of Use.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO CIRCUMSTANCE WILL LIABILITY EXCEED THE AMOUNT PAID FOR A GIVEN SERVICE.

 

Notices

 

Except as explicitly stated otherwise or as required by law, you will provide any notices to the Company by contacting us in writing at the following address:

 

5525 West Boulevard, Suite 221

Vancouver BC V6M 3W6

 

Governing Law and Forum

 

These Terms of Use are governed by and will be interpreted in accordance with the laws of the Province of British Columbia, without regard to any principles of conflicts of law.  You agree that any action to enforce these Terms of Use may be brought in the courts located in the Province of British Columbia.  You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Use and waive any objections and defenses inconsistent with such venue.  By using the Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

 

Entire Agreement

 

These Terms of Use, the Privacy Policy, and any other terms and conditions posted on the Website from time to time, constitute the entire agreement between you and Us with respect to the use of the Website.

 

General

 

Headings of the sections are for reference purposes only and will not be used to interpret or construe these Terms of Use.  If any provision of these Terms of Use is held to be invalid, void or unenforceable, such provision will be stricken and the remaining provisions enforced.  Notwithstanding any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.

 

© August 1, 2017

 

Last Updated: August 1, 2017