PLEASE READ THE FOLLOWING DISCLAIMERS AND TERMS AND CONDITIONS CAREFULLY. Your access and use of this site constitutes your full acceptance and compliance with the following provisions. If you ("User" or "you") have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree with these terms and conditions, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.
All of the names, titles, logos, and designs on this site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of TELETOON Canada Inc. ("TELETOON"). Teletoon, Teletoon At Night, and their associated logos are trademarks of TELETOON. BITSTRIPS and the Bitstrips logo are property of Bitstrips Inc., and are used on this site under license. All other names, titles, logos and designs appearing on this site are the property of their respective owners.
This site contains copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, music, audio, videos, software and other materials (collectively, the "Material") and the entire contents of this site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. TELETOON owns the copyright in the Material original to it and in its selection, coordination, arrangement and enhancement of the Material. Bitstrips Inc. owns all rights in the Materials relating to the comic building applications available through the site ("Comic Creator Materials"), including all copyright in the software for those Comic Creator Materials.
No Material may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or reverse engineered in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights in the Material, except as set out expressly in these terms.
By accessing the Material in this site, you undertake and agree to the terms herein with respect to the laws that govern copyright and trademarks.
Unauthorized use of the Material can result in penalties being imposed according to the laws of Canada. No User may use or manipulate any of TELETOON's or others' trademarks, services marks, logos or characters found on this site.
While it is not our policy to link to other sites in general, this site may contain links to third party Web sites from time to time. Third party sites are independently operated. TELETOON makes no endorsements, warranties or representations of any kind whatsoever regarding those other Web sites and assumes no responsibility for content on third party sites. Any link is not to be construed as an endorsement or implication of any situation with said third party. Users link to third party sites at Users' own risk. Third parties may link to this site but may not replicate any of its content. Furthermore, under no circumstances may a third party imply that TELETOON is associated with or is endorsing the third party, its site or its products. Third party sites that link to this site must not contain any content that may be construed as distasteful, offensive or controversial and should contain content that is appropriate for all age groups. TELETOON may withdraw a third party's right to link at any time in its sole discretion.
"Forum" means a chat area, bulletin board, e-mail or any other message or communication facilities or functions offered as part of this site or a TELETOON operated interactive program. If you participate in any Forum, you must not:
The site may include Forums that specifically permits Users to create content ("Content Creators"), using certain Materials supplied by TELETOON or its third party service providers ("Designated Materials"), which include without limitation the Comic Creator Materials. Provided you comply with these legal terms, TELETOON hereby grants you a limited, revocable licence to use the Content Creator and Designated Materials only in accordance with the Content Creator's functionality as provided, including, if provided, the ability to email your content or post it on social media Web sites. If the Content Creator's functionality includes the ability for other users of this site to modify any content created by you using the Content Creator, you agree to provide such users with a limited licence to use your content in accordance with the functionality of the Content Creator. You may not use any content you created or modified using the Content Creator or Designated Materials for a commercial purpose. You also acknowledge that no intellectual property rights have been transferred to you from your use of the Content Creator or Designated Materials.
You acknowledge and agree that all Forums involve public and not private communications, and that they can only be used for non-commercial purposes. Further, you acknowledge and agree that chats, postings, conferences, and other communications by users are not monitored, screened, sanctioned or endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. However, we reserve the right, but not the obligation, to monitor the content of this site, including the Forums, and to remove, refuse to post or edit any material or content which we, in our sole discretion, determine to be in violation of the provisions hereof or otherwise objectionable. Users shall remain solely responsible for the content of their communications. We reserve the right, in our sole discretion, to deny any user access to this site without notice.
By posting, uploading or submitting any material or content to any Forum or otherwise submitting any material or content to us, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called "moral rights" in any such materials and content posted, uploaded or submitted by you.
Notwithstanding the foregoing, with respect to materials or content which you create using the Comic Creator Materials ("Comics"), subject to theses Terms, you retain ownership of and all right to the Comics that you create, including all copyright and other intellectual property rights in the compilation of elements that make up the Comic. For greater certainty, you acknowledge that you do not own or have any rights in elements making up your compilation that you did not create, including without limitation any standard elements provided by TELETOON or its licensors for your use.
By posting Comics on this site, you represent and warrant that you own or are the licensee of the Comics, you have the right to post such Comics on this site, and such posting does not violate the rights of any other person in the Comics. You grant us the following worldwide, perpetual, royalty-free, and non-exclusive licenses to your Comics:
i) upon creating or uploading the Comics on this site, a license to use, modify, and reproduce the Comics within this site, and
ii) upon posting the Comics on this site, a license to use and reproduce the Comics for commercial, marketing and/or promotional purposes, subject to an obligation upon us to use commercially reasonable efforts to discontinue such use of your Comics if you so advise us in writing.
This licence may be sublicensed by us for our benefit.
With the exception of the Comics, (i) Users waive all rights to any stories, ideas, drawings, opinions and other materials posted on this site; and (ii) Users may only post materials which they alone have created.
Without the express written consent of the owner of the Material, Users may not frame or otherwise incorporate into a third party Web site, any of the content provided herein. The materials used in this site are presented for the purpose of promoting programs shown in Canada on TELETOON's CRTC licensed service. This site is controlled and operated by TELETOON in Canada with the approval of the copyright and trademark owners. We make no representation that the Materials in this site are appropriate or available for use in other jurisdictions.
This agreement will terminate, without notice from TELETOON if, in our sole discretion, User fails to comply with any term or provision hereunder. Upon termination, User must destroy all materials obtained from this site and any and all copies thereof, whether made under the terms of this agreement or otherwise. User warrants that s/he shall refrain from submitting any content to TELETOON which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, violates intellectual property or laws. In the event of any of the above, TELETOON may terminate this agreement and User shall indemnify TELETOON and its respective designees against any and all third party claims, if any, as a result.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, TELETOON AND ITS LICENSOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE MATERIALS HEREIN. THE USER AND NOT TELETOON ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TELETOON DOES NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIALS AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. TELETOON ALSO PROVIDES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE. TELETOON RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THIS SITE OR THE MATERIALS AND THE DISCLAIMERS AND TERMS AND CONDITIONS HEREIN AT ANY TIME WITHOUT PRIOR NOTICE.
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO INDEMNIFY US AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ABSOLUTELY HARMLESS FROM ANY CLAIM ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, INCLUDING YOUR POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO ANY FORUM OR TO THIS SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL TELETOON OR ITS LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF TELETOON OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TELETOON'S LIABILITY TO A USER FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS SITE. USERS MUST TAKE REASONABLE PRECAUTIONS TO ENSURE COMPUTERS ARE VIRUS FREE AND THAT THEY RETAIN A BACKUP OF THEIR FILES BEFORE ATTEMPTING TO DOWNLOAD ANY MATERIAL OFF A WEB SITE.
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, as applicable notwithstanding any conflict of laws provision. If any provision shall be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the use of this site and shall not be modified except by TELETOON from time to time as set out above. TELETOON's failure to insist upon or enforce strict performance of any provision hereof shall not be construed as a waiver of any right on its part.