Percy 3DMedia Inc.
is the owner of the video clip Website entitled “PercyVites” (available at www.percyvites.com) and the Toys"R"Us powered by PercyVites Website (available at https://toysrus.percyvites.com
) (collectively, the "Website"). The following terms and conditions apply to all visitors to and users of the Website:
Access to the Website is entirely at the sole discretion of Percy 3DMedia. Percy 3DMedia reserves the right to grant or deny access to the Website to any person. Percy 3DMedia reserves the right to remove any Authorized Clips or User Clips from the Website without having to provide notice to the User. No right, title or interest in the Content is conveyed to you. This is a limited license, not a transfer of title to the Content. You may not, directly or indirectly, copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from, sell, license or otherwise exploit the Website or any of the Content for any competitive or commercial purpose without the prior written permission of Percy 3DMedia. Any unauthorized copying, alteration, distribution, transmission, display, or other use of the Content is strictly prohibited. At its sole discretion, Percy 3DMedia may revoke this limited license to any person at any time. All rights not expressly granted herein are reserved by Percy 3DMedia.
Percy 3DMedia and its affiliated companies retain all rights regarding their trademarks, trade names, brand names, trade dress, and all associated logos and images (collectively, the "Trademarks"). The Trademarks are registered and/or common law trademarks of Percy 3DMedia, and are protected by Canadian and international laws and treaties. No license to the use any of the Trademarks is granted to you under these terms and conditions or by your use of the Website. Your misuse of any of the Trademarks displayed on the Website (including use of the Trademarks in metatags and/or hidden text) is strictly prohibited. You are also advised that Percy 3DMedia place significant value in these Trademarks and as such will aggressively enforce its intellectual property rights to the fullest extent of the law, including, but not limited to, the seeking of damages and criminal prosecution. The Website may reference trademarks, trade names, brand names, trade dress and content owned by third parties ("Third Party IP"). The Third Party IP is used by Percy 3DMedia under licence and claim no rights (other than licence rights) to or interest in same.
Periodically, links may be established from the Website to one or more external Websites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Website. None of such links should be deemed to imply that Percy 3DMedia endorses the Third Party Sites or any content therein. Percy 3DMedia does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Percy 3DMedia will have no liability arising out of or related to such Websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any of the Third Party Sites.
It is your responsibility to take precautions to ensure that whatever information, including Content you may access or download, is free of viruses, worms, Trojan horses and other items of a destructive nature.
The Website allows you to post content and may allow you to upload files, documents or other materials (collectively, "Submissions"). When engaging in the posting, uploading or making Submissions, you shall not: (i) restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website or do anything which in the sole discretion of Percy 3DMedia imposes an unreasonable or disproportionately large load on the Percy 3DMedia Website infrastructure; (ii) post or transmit any information that is unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (v) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vi) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (vii) use the Website for commercial purposes.
Percy 3DMedia does not guarantee the quality, accuracy, completeness, or timeliness of the Content. ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR OBTAINED FROM A WEBSITE TO WHICH THE WEBSITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PERCY 3DMEDIA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR STATEMENT MADE THROUGH THE WEBSITE OR A LINKED SITE, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. UNDER NO CIRCUMSTANCES WILL PERCY 3DMEDIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE OR A LINKED SITE, OR A USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, MESSAGE, POSTING, PROFILE, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Percy 3DMedia is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
THE INFORMATION, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PERCY 3DMEDIA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND LINKED SITES. PERCY 3DMEDIA MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AND THE SERVICES OFFERED BY THE WEBSITE AT ANY TIME. YOU AGREE THAT PERCY 3DMEDIA, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED SITE, EVEN IF PERCY 3DMEDIA IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. PERCY 3DMEDIA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Percy 3DMedia endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Percy 3DMedia cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Percy 3DMedia does not warrant that the Content including, without limitation, product descriptions or photographs, is accurate or complete.
Percy 3DMedia reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
March 22, 2017