In order to access some features of the Website Service, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Keir immediately of any breach of security or unauthorized use of your account. Although Keir will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Keir or others due to such unauthorized use.
Keir reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Keir should the total amount of data transfer exceed an amount deemed excessive in Keir’s sole discretion.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website Service in a manner that sends more request messages to Keir's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Keir grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Keir reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.
In order to post or publish User Submissions on the Website, you will be required to encode your media data by downloading and installing the Company software. For these limited purposes only, you are hereby granted a revocable non-exclusive licence to use the Company software for the sole purpose of encoding digital audiovisual material in order to create User Submissions for the Website. Keir makes no warranty concerning the functionality of the software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the Company software. You hereby waive any legal or equitable rights or remedies you may have against keir with respect to your use thereof.
The content on the Company Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Keir, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Keir reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Company Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Company Website or the Content therein.
The Company Website Service may permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. Keir may also establish categories for User Submissions based on intended use, such as Private where User Submissions are not shared, Invited where there is an invitation to view and/or share and Public. You understand that whether or not such User Submissions are published and regardless of category, Keir does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that Keir may place advertising on the Website in conjunction with User Submissions.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:
For User Submissions you submit, you further agree that you will not:
Keir reserves the right to discontinue any aspect of the Company Website Service at any time.
You understand that when using the Company Website Service, you will be exposed to User Submissions from a variety of sources, and that keir is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Keir with respect thereto.
The Company Website may contain links to third party websites that are not owned or controlled by Keir and Keir assumes no responsibility for these third party websites. By using the Website, you expressly discharge Keir from any and all liability arising from your use of any third-party website.
You agree that your use of the Company Website Service is at your sole risk. Keir makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. Keir does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website Service or any hyper-linked website.
In no event shall Keir, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, Content or Company software.
You agree to defend, indemnify and hold harmless Keir, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: