Terms & Conditions

BLUE ANT INTERNATIONAL SCREENING PORTAL

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PORTAL.

1. Introduction, Modifications and Acceptance

Welcome to the Blue Ant International screening portal.

By using the portal in any capacity, you hereby accept to be bound by these TOU without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the portal. The TOU are a legal and binding agreement between you and us.

Blue Ant Media reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the portal following the posting of any changes to the TOU constitutes acceptance of those changes.

2. General Code of Conduct for Use of the Portal

By using the portal, you agree to:

(i) Not use the portal in any manner that in any way violates these TOU;
(ii) Not use the portal in any manner that violates any intellectual property rights of Blue Ant Media or any third party;
(iii) Not use the portal in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the portal in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Blue Ant Media or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Blue Ant Media, other portal users, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by Blue Ant Media in its sole discretion) an unreasonable or disproportionately large load on Blue Ant Media’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the portal or any activities conducted through the portal; (3) bypass any measures Blue Ant Media may use to prevent or restrict access to the portal or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the portal; or (5) harvest or scrape any content from the portal in an unreasonable manner;
(vi) Not encourage conduct that would constitute a criminal offense or give rise to civil liability;
(vii) Not attempt to do any of the foregoing prohibitions;
(viii) Use the portal in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

3. Use of the Portal

Blue Ant Media grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to view the content on the portal on a streaming-only basis for the sole purpose of determining whether you wish to licence the content from Blue Ant Media. Except for the foregoing limited licence, no right, title or interest shall be transferred to you. You agree not to use the content for commercial purposes unless licensed from Blue Ant via a written agreement.

4. Proprietary Rights

You acknowledge that: (a) the portal contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Blue Ant Media and/or third parties own all right, title and interest in and to the content that may be presented or accessed through the portal, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Blue Ant Media and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to

(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the portal, or content that may be presented or accessed through the portal for any purpose, unless otherwise permitted by these TOU;
(ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the portal;
(iii) remove, obscure, or alter Blue Ant Media’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the portal.

5. Disclaimer of Warranties

You expressly understand and agree that your use of the portal, the information or material thereon (whether provided by Blue Ant Media or third parties) or any activity arising from your use of the portal or the information thereon or the materials streamed or downloaded therefrom (including but not limited to video content) is at your sole risk. The portal, any materials downloaded or streamed therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or Device or loss of data that results from the download, stream or access of any material obtained through the use of the portal or any other functionalities of the portal, or losses or damages (pecuniary or otherwise) resulting from

(i) your use of the portal, the information thereon, any materials downloaded or streamed therefrom,
(ii) any activity arising from the use of the portal or the information thereon or any materials downloaded or streamed therefrom.

Blue Ant Media expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the portal, the information thereon or any materials downloaded or streamed therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Blue Ant Media does not warrant that:

(i) the portal will be secure or available at any particular time or location;
(ii) any defects or errors or omissions will be corrected;
(iii) any content or software available at or through the portal is free of viruses or other harmful components;
(iv) the results of using the portal, or any activity arising therefrom, or any content downloaded or streamed therefrom will meet your requirements.

6. Limitation of Liability

Blue Ant Media shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the portal or downloaded or streamed therefrom, the use of the portal, activities arising from your use of the, or any third-party materials on the portal.

To the maximum extent permitted by law, in no event will Blue Ant Media:

(i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the portal or your use, misuse or inability to use the portal, even if Blue Ant Media has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

Notwithstanding anything to the contrary in the TOU, in no event will Blue Ant Media’s aggregate liability for any claims in connection with your use of the portal exceed CAD$ 100.

7. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Blue Ant Media you agree to indemnify, defend and hold harmless Blue Ant Media, or its affiliates, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of:

(i) your use of or connection to the portal or the information thereon or information or materials downloaded or streamed therefrom;
(ii) your participation in any activities arising from the portal or the information thereon or information or materials downloaded or streamed therefrom;
(iii) your violation of, or failure to perform your obligations under the TOU;
(iv) your violation of any rights of a third party.

8. Governing Laws and Jurisdiction

These TOU, and your use of the portal shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Blue Ant Media shall be brought exclusively in the courts located in Toronto, Ontario, Canada. Notwithstanding the foregoing, Blue Ant Media shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located:

(i) to seek injunctive relief against you;
(ii) to obtain a judgment against you where a judgment by the Toronto court will, or may not be, enforced by the jurisdiction in which you reside or are located;
(iii) to enforce in your jurisdiction a judgment obtained against you in the Toronto court.

9. Miscellaneous Provisions

(i) The TOU constitute the entire agreement between you and Blue Ant Media with respect to your use of the portal, superseding any prior agreements between you and Blue Ant Media, its predecessors, affiliates or subsidiaries.
(ii) Blue Ant Media shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Blue Ant Media’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
(iii) If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU, as the case may be, shall remain in full force and effect.
(iv) The failure of Blue Ant Media to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Blue Ant Media.
(v) The section titles in the TOU are for convenience only and have no legal or contractual effect.