Awards Media Group Inc.(“AIR”) operates the websites and domain names located at https://air.io including any other related pages, features, content, or application services offered from time to time by AIR in connection therewith (including, but not limited to, all information, mobile application services, software, data, images, content and related materials, documentation and services connected therewith) (collectively, the “Site”). Please read these Terms and Conditions of Use and our Privacy Policy (“Privacy Policy”) (collectively the “Agreement”) carefully before using the Site. By accessing or using the Site, you or the entity you represent (“you” or “your”) agree to be bound by this Agreement. AIR provides the information, services and other material on the Site to you as the user conditioned on your acceptance of the terms and conditions contained herein. Your use of the Site constitutes your agreement to such terms аnd conditions.
Subject to the terms and conditions of this Agreement, AIR may offer to provide certain services, as described more fully on the Site (together with the Site, the “Services”), solely for your own use, and not for the use or benefit of any third party, unless otherwise authorized by AIR. Services include, without limitation, use of the Site, any service AIR offers to you and the Content (as defined below) offered by AIR on the Site. Notwithstanding the foregoing, and if applicable, Services shall not include any services performed by AIR that are governed by a separate agreement entered into between you and AIR . AIR may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. AIR may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
AIR assumes no responsibility for any consequences or damages arising from, directly or indirectly, any action or inaction that you take based on the information, services or other material on the Site. While AIR strives to keep the information on the Site accurate, complete and up-to-date, AIR cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. The information and services offered on the Site are provided with the understanding that AIR is not engaged in rendering legal or other professional services or advice. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Site.
License
Subject to your compliance with the terms and conditions of this Agreement, AIR grants to you a non-exclusive, revocable, non-transferable license to access and use the Site and Services. You are only receiving a license to enter and use the Services strictly in accordance with the terms and conditions of this Agreement.
Conditions
As a condition of your use of the Site and Services, you agree and warrant to AIR, that you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions, and/or additional disclaimers and caveats that may appear throughout the Site. If you violate any of these terms, your permission to use the Site automatically terminates.
You may download or copy the Content (and other items displayed on the Site or Services) only for the limited purpose and as explicitly permitted by AIR for download and only for personal non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
You may not otherwise reproduce, download, copy, modify, commercialize, distribute, transmit, display, perform, reproduce, publish, license, reverse-engineer, de-compile, disassemble, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products, services or materials obtained from the Site, including but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”). The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by AIR, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such information originated and that AIR will not be liable for any errors or omissions. You understand that AIR cannot be responsible for actions of any other users with whom you may interact in the course of using the Services. Additionally, AIR cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will AIR be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
AIR adheres to, and is bound by, the YouTube Terms of Service. In order to use any partof the Site and Services which pertain to YouTube, you agree to be bound by the YouTube Terms of Service.
Proprietary Rights
The Site is protected by Canada copyright and other intellectual property and common laws. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the written permission of AIR.
Unless otherwise noted, all logos, marks and product and service names are trademarks and service marks owned by AIR and its affiliates and licensors (the “Marks”). Without the prior written permission of AIR and the appropriate affiliates and/or licensors, you agree not to display or use the Marks in any manner.
You acknowledge that the license granted above in no way shall be construed to provide an express or implied license to use, modify or improve any of AIR’s patents, copyrights, trade secrets and/or trademarks. AIR reserves all rights to the Site not expressly granted to you in this Agreement. No license, right or interest in any trademark, trade name or service mark of AIR or any third party is granted under this Agreement. AIR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portions hereof without notice or liability to you or any third party.
Personal Account
To receive certain Services, you need to create a Personal Account on the Site.
By using the Personal Account, you guarantee (a) to provide accurate, up-to-date, and complete information that may be requested in the Personal Account; (b) to observe confidentiality and security of your password and prevent unauthorized access by third parties to your password, email and phone; (c) to maintain up-to-date, accurate, and complete registration data and other information provided in the Personal Account, and in the event of any data modification to promptly update it in the Personal Account; and (d) to undertake all the risks of unauthorized access to the registration data and any other information that you provide in your Personal Account, and (e) to undertake liability for all actions within your Personal Account.
LIABILITY DISCLAIMER
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AIR, ITS AFFILIATES AND/OR SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIALS AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL AIR, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AIR, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless AIR, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ fees and costs) related to or arising from your violation of this Agreement.
Use Subject to Privacy Policy
All information about you stored or transmitted in any way on the Site or through the use of the Services on the Site is subject to our Privacy Policy, which you can find at the following link: Privacy Policy. You understand that through your use of the Services, you consent to the terms of the Privacy Policy.
Links to Other Sites
Using the Site, you may be led to other web sites operated by AIR affiliates or third parties. Because AIR does not have control over the content and performance of these affiliate or third party sites, AIR makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and AIR assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Furthermore, the Privacy Policy is applicable only when you are on the Site and does not apply to any affiliate or third party sites. AIR is not responsible for the use of the information that you provide these affiliates or third parties. AIR encourages you to read each site’s applicable terms and conditions and privacy policies.
Modifications to Agreement
AIR may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the Site. Accordingly, you agree to review the Agreement posted on the Site every time before using the Site. Your continued access or use of the Site shall be deemed your acceptance of the modified Agreement in effect at the time of access.
Termination
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services. AIR may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the loss of access to information and destruction of all information associated with your use of the Site. AIR may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including without limitation, ownership provisions.
Miscellaneous
You represent and warrant to AIR that: (i) if you are an individual, you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and the venue for any disputes shall be Ontario (Canada). If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Failure by AIR to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement is in addition to any other written agreements you may have entered into with, or will enter into with, AIR.
These Terms and Conditions of Use were updated on May 10, 2024.