Lemur Bay Website Terms of Use

Last Updated: March 16, 2010

Welcome to Lemur Bay, an interactive digital media web site (the “Web Site”) operated by UWC Entertainment Ltd. (“UWC”). Please read these Terms of Use carefully before using this site. By using this Web Site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, you are not permitted to use this Web Site. This site is controlled and operated by UWC. The telephone number for UWC is 250-860-9394.

1. Binding Agreement

You acknowledge that your agreement to these Terms of Use is made in exchange for UWC granting you permission to use this Web Site, together with other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. UWC reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you hereby agree to be bound by such modifications, alterations or updates.

If you are a parent or legal guardian of a minor person using this Web Site, you hereby agreed, on your behalf and on behalf of the minor person, to be bound by these Terms of Use.

2. Copyrights, Trade Marks and Restrictions

All material on this site, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights which are owned and controlled by UWC or by other parties that have licensed their material to UWC (collectively, the “Copyrights”). Material from this Web Site or from any other web site owned, operated, licensed or controlled by UWC (the “UWC Web Sites”) may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use agreement, the use of any such material on any other web site or networked computer environment is prohibited. In addition, some of the material on this Web Site is protected by trade mark law. You are not permitted to use any of UWC’s trade marks or service marks nor are you permitted to use the trade marks or services marks of any other person which appear on this Web Site. You are not permitted to use the content of any UWC Web Sites in any manner which implies or suggest any affiliation with, or an endorsement by, UWC or any of its products, services, trade marks and/or service marks. You agree to maintain all proprietary notices appearing on the UWC Web Sites. You are not authorized to modify, enhance, improve or make derivative works from any content on any UWC Web Sites. You agree that under no circumstances shall (i) your use of any content on any UWC Web Sites or (ii) the provisions of these Terms of Use result in any transfer of ownership of any copyrights, trade marks, service marks, slogans, logos or other proprietary rights to you or any other party.

3. Privacy

UWC is very respectful about the privacy concerns of the visitors to the UWC Web Sites. As a general policy, no personal information is automatically collected from visitors to the UWC Web Sites. However, certain non-personal information of visitors is recorded by the standard operation of UWC’s servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor’s Internet service provider. By having this information, Web pages optimized for a particular visitor’s computer are automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to UWC only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out registration forms, contest entry forms or subscriptions to newsletters is retained by UWC and not sold or otherwise transferred outside of the company. This information is used to better understand visitors’ use of the UWC Web Sites and to support transactions made on the UWC Web Sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.

Many of the UWC Web Sites, including this one, place a “cookie” in the browser files of a user’s computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable UWC to relate a user’s use of a UWC Web Site to information that the user has specifically and knowingly provided, UWC does not do so for any UWC Web Sites designed for children. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, telephone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. To the extent that any UWC Web Sites accessible through UWC has additional privacy practices, these practices will be explained at that site. Please see the additional provisions of the Privacy Policy for this Web Site under the “P

3. A Special Note for Parents Concerning Privacy

On sites specifically designed for children, Provider makes a special effort to encourage children to consult with their parents before furnishing data. However, Provider believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.

4. Use of UWC Web Sites

All UWC Web Sites may only be used for personal, private and non-commercial purposes. No UWC Web Sites may be used for any unlawful purpose or in any manner that is intended to be harmful to UWC or any other person or entity. You may not use any UWC Web Sites for in any automated manner.

UWC, whether or not affiliated with sites which may be linked to this Web Site or any other UWC Web Sites, is not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.

You agree not to knowingly:

(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of any UWC Web Site;

(b) post or transmit to any UWC Web Site any unlawful, fraudulent, harassing, defamatory, or obscene information or materials of any kind;

(c) post or send to any UWC Web Site any information or materials that contains a virus, bug, or other harmful item;

(d) publish, perform, distribute, prepare derivative works, copy, reverse-engineer, or use the content of any UWC Web Site (other than as expressly permitted herein);

(e) post or transmit into or on any UWC Web Site any information or materials in violation of another party’s copyright or intellectual property rights;

(f) take any action which imposes an unreasonable or disproportionately large load on UWC’s infrastructure;

(g) redeliver any of the content using “framing”, hyperlinks, or other technology without express written permission of UWC; or,

(h) use any device or technology to provide repeated automated attempts to access password-protected portions of any UWC Web Site.

If you are allowed access to password-protected areas of the Web Site, you agree to keep your password confidential, and to notify UWC within 24 hours if your password is compromised. You agree not use or attempt to access the account, password and/or personal information of any other UWC Web Site users.

You acknowledge that UWC has the right, but no obligation, to monitor the Web Site and to disclose any information necessary to operate the Web Site, to protect UWC, and UWC’s customers and others, and to comply with legal obligations or governmental requests. UWC reserves the right to refuse to post or to remove any information or materials on the Web Site, in whole or in part, for any reason.

You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to UWC necessarily is routed via third party computers to UWC, and that UWC is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.

5. Disclaimer

The materials in UWC’s Web Sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, UWC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. UWC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that UWC’s Web Sites or the server(s) that make(s) them available are free of viruses or other harmful components. UWC does not warrant or make any representations regarding the use or the results of the use of the materials in UWC’s Web Sites in terms of their correctness, accuracy, reliability or otherwise. You (and not UWC) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The material that you view in UWC’s Web Sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms or other forums conducted on this site (“Forums”) are not necessarily those of UWC or its affiliated or related entities or content providers and UWC makes no representations or warranties regarding that information or those opinions. Furthermore, neither UWC nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in UWC’s Web Sites.

6. Submissions

(1) Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of UWC throughout the universe and UWC shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to UWC’s Web Sites, you agree that UWC has the right to publish the material for any type of use as outlined above including promotional and advertising purposes. You further agree that any such submissions are made without any expectation of compensation, consideration or any other obligation, fiduciary or otherwise, on the part of UWC. You hereby constitute UWC as your attorney in fact to execute any documents and undertake any acts which are reasonably necessary to confirm the foregoing rights including, without limitation, the waiver of any moral or similar rights on your behalf.

(2) UWC is not responsible for any material posted on its Forums. You shall not submit or otherwise publish through such Forums any content which:

(a) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;

(b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trade marks;

(c) violates any law;

(d) is inappropriate for children;

(e) advocates illegal activity; or

(f) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “Non-Approved Material”).

7. Indemnification

You agree to indemnify UWC and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer’s fees, resulting from your breach of any of the agreements, representations and warranties contained in these Terms of Use.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL UWC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO ANT UWC WEB SITE, YOUR USE OF ANY UWC WEB SITE, OR THE CONTENT OR ANY UWC WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY UWC WEB SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR UWC WEB SITE USE.

You may have additional rights under certain laws (including consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

9. E-Mail and Postings Received

Do not post any threatening or defamatory e-mails or material on this Web Site that would be considered a violation of any law. UWC will fully co-operate with any law enforcement authorities or court order requesting or directing UWC to disclose the identity of anyone posting any such e-mails or materials.

10. Jurisdictional Issues

(1) Unless otherwise specified, the materials in UWC’s Web Sites are presented solely for the purpose of entertainment and promoting programs, films and other products available in Canada and its territories. This site is controlled and operated by UWC from its offices within the Province of British Columbia. Provider makes no representation that materials in UWC’s Web Sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

(2) This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or UWC bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of the Province of British Columbia, and you expressly consent to the exclusive jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by UWC.

11. General and Miscellaneous

(1) Location and interpretation. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

(2) Equitable relief. You acknowledge that any breach by you of the provisions of the agreement will cause irreparable damage to UWC and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, UWC will be entitled to injunctive relief for any breach of this Agreement.

(3) Severability. In the event a court or other tribunal of competent jurisdiction shall hold any of the provisions of this agreement to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.

(4) Complete integration. This agreement constitutes the entire agreement between you and UWC pertaining to the subject matter hereof. You agree to review this agreement prior to any UWC Web Site use, and each use of a UWC Web Site by you shall constitute and be deemed your unconditional acceptance of this agreement. UWC may prospectively modify this agreement, by posting a revised agreement on the Site.

(5) Termination. Either party, in its sole and absolute discretion, may terminate the agreement at any time and for any reason (with or without cause), with or without notice. If the agreement is terminated, you agree to cease all UWC Web Site use and, upon request by UWC, to return all materials in your possession relating to any UWC Web Site, and all copies thereof.

(6) Survival of certain provisions. Any and all provisions or obligations contained in this agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this agreement will survive the termination of this agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.

(7) Waiver. No delay or omission to exercise any right or remedy accruing to UWC upon any breach or default by you shall constitute a waiver by UWC of any breach or default.

(8) Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the agreement.

(9) No agency. You and UWC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

(10) Conflicts. If this agreement conflicts with a provision of any other contract between you and UWC relating specifically to the Web Site, the provision in such other agreement shall govern.

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