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Terms of Use

Introduction

1. Please read the terms and conditions set forth below carefully as they contain the legal terms that govern your use of any Backbone Website or Web page operated (collectively "Website") or provided by Backbone. The terms and conditions may be modified by Backbone from time to time in its sole discretion so please return to the terms and conditions from time to time to review them. Your use of the Website means that you accept any and all changes. If you do not agree with any of the terms and conditions you may not use the Website.

Restrictions and Copyright

2. All information provided on the Website is owned by or licensed to Publimedia Communications Inc., publishers of Backbone magazine. All the content available on the Website, including the manner in which such content is presented are protected by Canadian and Worldwide copyright laws and treaty provisions.

3. Nothing stated or implied on the Website confers on you any license or right under any copyright of BACKBONE or any third party.

4. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Website, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner.

5. All rights in the product names, company names, trade names, logos, product packaging and designs of Backbone or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Backbone or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on the Website confers on you any license or right under any patent, copyright or trademark of the Backbone or any third party.

Prohibited Uses

6. You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions or that harms BACKBONE, its affiliates, its service providers, suppliers or customers.

7. You further agree not to violate or attempt to violate the security of the Website, including, without limitation: accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Backbone may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Links

8. Backbone or third parties may provide links to other external sites or resources. Because Backbone has no control over such sites and resources, you acknowledge and agree that Backbone is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Backbone shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Certain external sites may be linked to the Website. Not all of these links may have been permitted by Backbone. Regardless of whether a link has been permitted by Backbone, we are not responsible for the contents of any external sites that are linked to the Website. Backbone makes no representations or warranties, and does not endorse, any external sites that are linked to the Website, the contents of any such external sites, the information appearing on any such external sites or any of the products or services described on any such external sites. The fact that an external site is linked to the Website does not imply that Backbone sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the external site.

Privacy Policy

10. Backbone is committed to protecting your privacy and security. For information on how user information is collected, used, and disclosed, please consult our Privacy Policy. You agree to the terms of the Privacy Policy by your use of the Website.

Disclaimer and Warranties

11. THE WEBSITE AND THE INFORMATION OR MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE ALSO DO PROVIDE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE.

Limitation of Liabilities and Indemnification

12. 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 THE WEBSITE, INCLUDING YOUR POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO ANY FORUM OR TO THE WEBSITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE. IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE WEBSITE OR MATERIALS OR FUNCTIONS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE WEBSITE.

13. THE LIMITATIONS OF LIABILITIES APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BACKBONE OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BACKBONE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Choice of Law and Forum

14. The Terms of Use shall be governed solely by and construed in accordance with the laws of the Province of British Columbia, Canada, excluding its conflict of law rules. You expressly and irrevocably consent and agree to submit to the exclusive jurisdiction and venue of the courts in the Province of British Columbia in all disputes arising out of or relating to the use of the Website. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST BACKBONE OR ITS AFFILIATES OR ANY THIRD PARTY RELATING TO THE WEBSITE, THESE TERMS AND CONDITIONS OR ANY RELATED MATER.

15. If any provision of these terms and conditions of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

16. The failure of Backbone to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

17. This agreement constitutes the entire agreement between you and Backbone and governs your use of the Website, superseding any prior agreements between you and Backbone with respect to the Website.

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