Updated: February 23, 2020
Terms and Conditions of Service
In using this website you are deemed to have read and agreed to the following Terms and Conditions. These Terms and Conditions form part of the Agreement between you and ourselves. Your accessing of this Site and/or undertaking of an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. We reserve the right to change these Terms and Conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.
1. General Terms
- "Press Fixer may be referred to as “the Company”, “we”, “our”, “ourselves” or “us”.
- We call a user of our Sites “client”, “user”, “users”, “you”, or “your” as appropriate.
- The platform we offer at our website (www.pressfixer.com and other variants) are referred to as the “Site(s)”.
- The services that we All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Canadian Law.
- Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. How You May Use Our Sites
You consent to use our Sites and Services as described in the following paragraphs, which collectively are referred to as the “Terms and Condition”.
By using our Sites and Services, you agree to abide by these Terms and Conditions and you acknowledge and agree that you are required to act in accordance with them. Accessing and using our Sites and Services, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms and Conditions.
Our Sites and Services are intended solely for persons who are 18 years of age or older. Any use of or access to our Sites and Services by anyone who is younger than 18 years of age is unauthorized, unlicensed and violates these Terms and Conditions. By using our Sites and Services you represent and warrant that you are at least 18 years of age.
3. Intellectual Property Rights
Our Limited License to You.
Our Sites and Services are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Sites and Services in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
The content in our Sites and Services are solely owned by or licensed to us, unless expressly indicated otherwise. This content includes, but is not limited to: the design, layout, look, appearance, graphics of our Sites or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
If you access or use our Sites, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use the Sites and Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
Any trademarks, taglines, and logos displayed on our Sites and Services are trademarks belonging to us. All trademarks reproduced on our Sites and Services of which we do not own or hold a licence, are acknowledged on the Site. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted in these Terms and Conditions.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
All rights not expressly granted in these paragraphs in these Terms and Conditions or in any written licence, are reserved by us.
Information You Must Not Share with Others.
As a Licensee, you understand and acknowledge that our Sites and Services have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
By using our Sites and Services, you agree that you are clearly and expressly prohibited from doing any of the following acts:
- You will not in any way use, copy, adapt or represent any of our Sites and Services in any way as if they are yours or created by you.
- You will not engage in the Improper and/or Unauthorized Use of the Sites and Services.
- You will not duplicate, share, trade, sell, or otherwise distribute to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the content for their own personal, business or commercial use. This means you cannot share or sell any part of our Services and content to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Sites and Services You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Sites and Services for publication or compilation into your own Sites and Services for your own personal, business or commercial use or in any way that earns you money.
- You will not use our Sites and Services in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
- You may not engage in Improper and/or Unauthorized Use of our content or any other information related to our Sites and Services.
You understand and agree that doing, participating in directly or indirectly or engaging in the prohibited, Improper and/or Unauthorized use of our Sites and Services as set forth in these Terms and Conditions is considered theft and stealing. You agree and understand that prohibited use, Improper and/or Unauthorized Use may give rise to a civil claim for damages and may be turned over to the police for investigation as a criminal offence.
Your Licence to Us.
By posting or submitting any material on or through our Sites and Services such as comments, posts, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
- When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Sites and Services you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Sites and Services we may develop. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
- You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions on the Sites and Services in our sole discretion, at any time for any reason whatsoever.
By using our Sites and Services, including on social media, you consent to photographs, videos, audio recordings, transcripts, copy or written or printed text that may contain you, your voice and/or your likeness, any we reserve the right to use them in our sole discretion in our current or future Sites and Services and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request from You for Permission to Use Content We Have Created and Shared with You
Any request for written permission to use our Sites and Services in whole or in part, or any other intellectual property or property belonging to us should be made IN WRITING – BEFORE YOU WISH TO USE IT. To ask for our permission, please contact us at the email address provided on the last page of these Terms and Conditions.
We very clearly state that you may not use our Sites and Services in whole or in part, in any way that is contrary to these Terms and Conditions, unless we have given you specific WRITTEN PERMISSION to do so, in email or any other written format we determine is appropriate.
If you are granted permission by us, you agree to use the SPECIFIC CONTENT that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we say and prescribe to protect our intellectual property and ownership rights in our Sites and Services.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Sites and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other service or user, including you.
We make no warranties as to our Sites and Services. You agree that our Sites and Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied and non-infringement. We do not warrant that the Sites and Services will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of our Sites and Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the information on our Sites or on third-party Sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We try to ensure that the availability and delivery of our Sites and Services is uninterrupted and error-free, including our content and communications through methods like our website, email communications, videos, audio recordings, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Sites and Services become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Sites and Services inaccessible to you.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Sites and Services. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties. These links are provided for your convenience and the inclusion of any link on our Sites and Service sto any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Website, Services and Content. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
5. Indemnification, Limitation Of Liability And Release Of Claims
You agree at all times to defend, indemnify and hold us harmless, as well as any of our agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses on a solicitor client basis, arising out of or related to our Sites and Services or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us, to the full extent permitted by applicable law.
Limitation of Liability
We will not be held responsible or liable in any way for the information that you request or receive through or on our Sites and Services. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise whose information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on the Sites or Services and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
You are agreeing that you will not use our Sites and Services in any way that causes or is likely to cause the Sites or Services or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Website, Services and Content for lawful purposes only.
If you have any questions or concerns about the information provided on this website, you may contact us by email at the email address provided on the last page of these Terms and Conditions.
6. Privacy And Confidentiality
We may suspend or terminate your use of our Sites and Services and remove and discard any user content at our convenience, or for any reason, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions or any other Agreement.
We may also in our sole discretion and at any time discontinue providing the Sites and Services, or any parts of Sites and Services with or without notice. Any suspension and/or termination of your access to our Sites and Services may be effected without prior notice.
We shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with our Sites and Services or with any terms, conditions, rules, policies, guidelines, or practices of Sites and Services, you should discontinue use immediately.
8. Dispute Resolution
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, selected jointly by us. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Ontario.
You also agree that should arbitration take place, it will be held in the City of Toronto, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or our Sites and Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
9. Governing Law
These Terms and Conditions of Service shall be construed and interpreted according to the laws and regulations of the province of Ontario and Canada.
11. Force Majuere
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
These Terms and Conditions of Service, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy will survive the termination of our agreement by either you or by us.
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.