Terms and Conditions
PLEASE READ BEFORE USING THE SITE
The materials on Seafood City.'s website (the ("Site"), which may include text, images, audio clips, video clips, software, demos and other materials (the "Content") are provided by Seafood City for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below ("Terms and Conditions"). If you do not agree to these terms and conditions, do not access the Site or download any Content.
Forward Statements. Certain statements made on the Site, which describe Seafood City's intentions, expectations or predictions are forward looking and are subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. There are a number of factors that could cause results or events to differ from current expectations. Seafood City disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
General Disclaimers. Seafood City intends for the Content on the Site to be accurate and reliable, however, since the Content has been compiled by Seafood City from a variety of sources, it is provided to you "as is" and "as available". Seafood City ASSUMES NO RESPONSIBILITIES TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Links available on the Site will allow you to link to Websites not maintained or controlled by Seafood City, including sites of Seafood City related companies. Seafood City provides these links for your convenience, and is not responsible for the contents of any linked site. Seafood City uses reasonable efforts to ensure the accuracy of its Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other Website which you may access through the Site. It is your responsibility to ensure that any Website you choose to use is free of potentially destructive items such as viruses. IN NO EVENT WILL Seafood City BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of the Site. You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Site: (i) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright permission of the copyright holder; or (iii) otherwise use this Site in a manner which is contrary to law or which would adversely impact the use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.
Copyright. All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Seafood City or its content suppliers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. The Content may not be otherwise used, reproduced, broadcast published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices; information and restrictions contained in any Content on or accessed through the Site, and maintain such notices in the Content.
Trademarks. The Seafood City logo, is a trademark of Seafood City or its related companies, which may be registered in Canada and other countries. Other Seafood City product or service names or logos referenced in the Site are trademarks or registered trademarks of Seafood City or its related companies. All other products, services and company names mentioned in the Site may be trademarks of their respective owners. Not all of the logos, trademarks or tradenames of Seafood City and its related companies are used on this Site, nor all of those logos, trademarks or trademarks licensed to Seafood City or its related companies by third parties. The absence of a product or service name or logo from this list does not constitute a waiver of the trademark or other intellectual property rights of Seafood City or its related companies concerning that name or logo. You may not use any trademark displayed on the Site without written permission of Seafood City or the relevant owner of the trademark.
Notices of Infringement. Seafood City prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Seafood City at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized to act on the owner's behalf to assert infringement of the right. Seafood City will remove any posted content that infringes the copyright or other intellectual property right of any person under United States or Canadian law upon receipt of such a statement. Seafood City's contact for submission of notices is General Counsel.
Indemnity. You agree to defend, indemnify and hold Seafood City and its related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees related to any violation of these Terms and Conditions by you or users of your account or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account.
Territory. The Seafood City site originates in Canada. Seafood City products and services are offered in Seafood City's operating territory.
Changes. Seafood City reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice.
Miscellaneous. These Terms and Conditions and any other documents referenced herein, constitute the entire agreement between Seafood City and you with respect to your use of this Site. Seafood City's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia and the laws of Canada applicable therein. The parties have required that these Terms and Conditions and all related documents be drawn up in English.
Seafood City also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text images, video or audio from the Site.