Terms & Conditions
Your Use of the Website
(b) to accurately furnish all contact and other information requested by Bailey Whissel Marketing Agency Inc. and to promptly notify Bailey Whissel Marketing Agency Inc. of any change in the information;
(c) to not use the Website in violation of any laws, regulation or court order, or for any unlawful or abusive purpose;
(d) to not use the Website in any manner unintended by Bailey Whissel Marketing Agency Inc.;
(e) to not use the Website in any manner that could harm Bailey Whissel Marketing Agency Inc., its service providers, its affiliates, or any other person; and
(f) to comply with any other reasonable requirements or restrictions requested or imposed by Bailey Whissel Marketing Agency Inc.
You are prohibited from using the Website in a way that:
- is unlawful, threatening, bullying, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Bailey Whissel Marketing Agency Inc. deems in its sole discretion to be inappropriate for this Website;
- victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- tries to gain unauthorized access to the Website, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Website;
- imposes an unreasonable or disproportionately large load on Bailey Whissel Marketing Agency Inc.’s infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques;
- transmits or contains computer viruses or other disruptive, damaging or harmful files or programs; or
Bailey Whissel Marketing Agency Inc.’s Copyright and Trademarks
All content included on Website, such as text, graphics, logos, button icons, images, and software, is the property of Bailey Whissel Marketing Agency Inc. or its content suppliers and is protected by Canada and international copyright, trademark or other laws. The materials posted on the Website by Bailey Whissel Marketing Agency Inc. may be retrieved solely for your own personal use or in connection with any business relationship between yourself and Bailey Whissel Marketing Agency Inc. and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not copy, modify or distribute the contents of the Website without the express written permission of Bailey Whissel Marketing Agency Inc. Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Bailey Whissel Marketing Agency Inc. All rights reserved.
The Copyright Modernization Act of 2012 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Ontario copyright law. If you believe in good faith that material posted on the Website infringes your copyright, you may submit a notice to us requesting that the material be removed. The notice must include the following information:
(a) a physical signature of a person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that is claimed to have been infringed upon;
(c) a description of the material that is claimed to be infringing, and where such material is located on the Website;
(d) your name, address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Such DMCA notices under this section should be sent to:
Bailey Whissel Marketing Agency Inc.
99 Yorkville., Suite 200
Toronto, Ontario M5R 3K5
Bailey Whissel Marketing Agency Inc.’s Right to Use Your Likeness
You hereby grant to Bailey Whissel Marketing Agency Inc. and its sublicensees unrestricted permission and right to use, reuse, publish, and reproduce your name, likeness, image, voice and/or appearance (“Likeness”) as such may be embodied in or submitted in connection with any Submissions that you submit to Bailey Whissel Marketing Agency Inc. You agree that Bailey Whissel Marketing Agency Inc. and its sub licensees may use the Submissions and your Likeness for any purpose, including but not limited to, advertisements, articles, publications, and any promotional materials in any medium now known or later developed, including the Internet. You acknowledge that you will not receive any compensation for the use the Submissions or your Likeness. You hereby release Bailey Whissel Marketing Agency Inc. and its sublicensees from any and all claims that arise out of or are in any way connected with such use, including without limitation, any claim for defamation, slander, misappropriation or misuse of image, violation of moral or artist rights, violation of publicity rights, or invasion of privacy. You warrant and represent that this release does not in any way conflict with any existing commitment on your part.
Use of Website’ Content
All information and content included on the Website are provided “as is” and without warranty or guarantee of any kind, either expressed or implied, including, but not limited to, the implied warranties or guarantees of merchantability, fitness for a particular purpose, and non-infringement. Bailey Whissel Marketing Agency Inc. strives to provide accurate and up-to-date material on the Website. However, Bailey Whissel Marketing Agency Inc. makes no warranties, guarantees or representations as to the accuracy or timeliness of the material provided through the Website. Bailey Whissel Marketing Agency Inc. assumes no liability or responsibility for any errors or omissions on the Website.
Any dispute arising out of your use of this Website or material from this Website shall be resolved according to the laws of the Province of Ontario, Canada, without giving effect to that province’s principles of conflicts of laws. The federal and provincial courts of the Province of Ontario shall have exclusive jurisdiction over all claims.
Bailey Whissel Marketing Agency Inc. may terminate your access to the Website at any time and for any or no reason. You shall have no recourse and Bailey Whissel Marketing Agency Inc. shall have no liability as a result of any such termination.
Disclaimer of Warranty and Limitation of Liability
Your use of the Website and material from the Website is at your own risk. The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Bailey Whissel Marketing Agency Inc. makes no warranties, guarantees or representations that the Website will be error-free, secure or uninterrupted, and assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of the Website or any materials provided on the Website. Bailey Whissel Marketing Agency Inc. makes no warranties, guarantees or representations as to the accuracy, completeness or timeliness of the materials provided on the Website. Bailey Whissel Marketing Agency Inc. assumes no liability or responsibility for any errors or omissions on the Website.
NEITHER Bailey Whissel Marketing Agency Inc., ITS AFFILIATES, AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WEBSITE, EVEN IF Bailey Whissel Marketing Agency Inc., ITS AFFILIATES, AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.