Terms & Conditions

WELCOME TO SHNIER.TV, A WEBSITE OWNED AND OPERATED BY SHNIER, GESCO LIMITED PARTNERSHIP. YOUR USE OF THIS SITE [AND ALL OTHER SHNIER WEBSITES] IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. SHNIER OFFERS THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND THE SHNIER PRIVACY POLICY FOUND AT http://www.shnier.tv/privacy AND INCORPORATED HEREIN BY REFERENCE [AND YOUTUBE’S TERMS OF SERVICE] ("Terms"). YOUR USE OF OR VISIT TO THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT info@gesco.ca.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version at http://www.shnier.tv/terms. SHNIER may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

 

General Use Restrictions

SHNIER or third parties granting rights to SHNIER hold all right, title, and interest in and to the Content on this Site, which are the copyrighted work of SHNIER or such third parties. "Content" includes the text, [software, scripts,] graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site. SHNIER authorizes you to view, download and print a single copy of the Content provided on this Site for your personal, non-commercial use only, but you may neither remove any copyright, trade-mark or other proprietary notices from such copy nor modify the Content. Except as otherwise set out in these Terms, you have no right to copy, download, display, perform, reproduce, distribute, transmit, broadcast, sell, license, modify, edit, alter, enhance or otherwise exploit any of the Content, in whole or in part, in any manner or format without the advanced written authorization of SHNIER and you agree not to "frame" or "mirror" the Site, any Content contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of SHNIER. SHNIER reserves the right to take such steps as it deems necessary, including legal action, to restrain any unauthorized activity and suspend or terminate your access to this Site. Your authorization to use this Site terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed Content.

SHNIER and its licensors reserve all rights not expressly granted in and to the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

Should SHNIER become aware of inappropriate use of the Site or any of its Services (defined below in the "Availability" section), SHNIER will respond in any way that, in its sole discretion, SHNIER deems appropriate. You acknowledge that SHNIER will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, SHNIER will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

 

Availability

SHNIER has several websites advertising products, services, content and various other functionalities (collectively the "Services") to specific regions across Canada. The Services offered in one region may differ from those in other regions due to availability, local or regional laws and other considerations. SHNIER does not make any warranty or representation that a user in one region may obtain the Services from the SHNIER site in another region.

Information SHNIER publishes on the World Wide Web may contain references or cross references to SHNIER products, programs and services that are not announced or available in your area. Such references do not imply that SHNIER intends to announce such products, programs or services in your area. Please contact info@gesco.ca for information regarding the products, programs and services, which may be available to you.

 

Third Party Interaction and Links to Third Party Sites

In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other express or implied term, condition, warranty or representation, including any implied warranty or condition of merchantability associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that SHNIER has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

This Site may be linked to third party websites that are not owned or under the control of SHNIER. Such links do not constitute an endorsement by SHNIER of any such sites. You acknowledge that SHNIER is providing these links to you only as a convenience, and you agree that SHNIER is not responsible for the content or links displayed on such sites to which you may be linked.

The Service may contain links to third party websites that are not owned or controlled by SHNIER. SHNIER has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SHNIER will not and cannot censor or edit the content of any third-party site. You expressly relieve SHNIER from any and all liability arising from your use of any third party website.

Accordingly, we encourage you to be aware when you leave the SHNIER Site and to read the terms and conditions and privacy policy of each other website that you visit.

 

Disclaimer of Warranties

Your use of this Site and its Content is at your own risk and should not be relied upon. This Site and its Content may include inaccuracies or errors that may affect the quality of the materials or services available on the Site or from SHNIER, or your product warranties. The Content has not been independently verified or authenticated in whole or in part by SHNIER, SHNIER does not warrant the accuracy, usefulness, safety, or timeliness or intellectual property rights of the Content. SHNIER has no liability for any errors or omissions in the Content, whether provided by SHNIER or third parties.

Although SHNIER will not be liable for your losses caused by any use of the Site, you may be liable for the losses of SHNIER or others due to your unauthorized use.

You further understand and acknowledge that you may be exposed to Content that is inaccurate, dramatized, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SHNIER or any affiliate with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SHNIER, its owners, directors, officers, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site or Content.

To the extent you purchase any products or services from SHNIER or any affiliate, you agree to follow and comply with the manufacturers' recommended installation and maintenance instructions, notwithstanding any information available on or through this Site or anything you may learn otherwise from the Content.

THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. SHNIER, FOR ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT, OR YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE OR LINKED TO THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

 

Limitation of Liability

IN NO EVENT SHALL SHNIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHNIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SHNIER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, SHNIER CO. DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

 

Inaccuracies or Errors

The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. SHNIER does not make any warranty or representation with respect to the accuracy or completeness of any such information. Users should not rely on any opinion or other information set out in this Site when making business, financial, personal or other decisions.

Furthermore, the availability of products on this Site may change without notice to you at any time in SHNIER's sole discretion.

 

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SHNIER, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site and Service.

 

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Site is not intended for children or minors. If you are under the age of 18, then please do not use the Site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

 

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SHNIER without restriction.

 

Local Laws; Export Control

SHNIER, Gesco Limited Partnership controls and operates this Site from its headquarters in the Canada and makes no representation that the Site or Content are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in Canada. If you use this Site from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

 

Intellectual Property

In your use of the Site, you will comply with all applicable laws.  You agree to assign ownership of, and waive any rights you may have in, any content, comments or ideas submitted to SHNIER or any affiliate in favour of SHNIER (or as SHNIER may direct).  SHNIER shall be free to use any ideas or suggestions you submit and obtain intellectual property protection for the same on its own behalf.  You warrant that any content or ideas you submit to SHNIER are yours alone and do not violate any one else's rights or applicable law.

The Content on the Site, and the trademarks, service marks and logos ("Marks"), are owned by or licensed to SHNIER, subject to copyright and other intellectual property rights under the law.

Copyright 2007, SHNIER, Gesco Limited Partnership all rights reserved. The SHNIER, FLOORSFIRST.COM, RICHMOND CARPET, CASA ROMA and LAURENTIAN trade-marks, and related words or logos may constitute trade-marks or registered trade-marks of SHNIER, Gesco Limited Partnership. Nothing in these Terms or in the Site shall be construed as granting a licence to you to use any of such marks or names. The names of other companies, products or services referred to on the Site may be the trade-marks of their respective owners. Any unauthorized use of any of the trade-names or trade-marks of SHNIER, Gesco Limited Partnership or of any third party is strictly prohibited and SHNIER reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights. To obtain authorization to use our trade-marks, please contact us at info@gesco.ca.

 

Terms of Use Revisions

SHNIER may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms. These terms were last updated on February 13th, 2007.

 

Unauthorized Activities

Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You shall indemnify and hold SHNIER and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including lawyer's fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.

 

General

You agree that: (i) the Site and Service shall be deemed solely based in Canada; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over SHNIER, either specific or general, in jurisdictions other than Canada. These Terms of Service shall be governed by the laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and SHNIER that arises in whole or in part from the Site or Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, Canada. These Terms of Service, together with the Privacy Policy at http://shnier.tv/privacy and any other legal notices published by SHNIER, shall constitute the entire agreement between you and SHNIER concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SHNIER's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SHNIER reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of or access to the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SHNIER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated:       December 1, 2012