Terms and Conditions
General statement of website use
(i) your use of the website is solely for your personal use;
(iii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and
In order to access some features of the website, you will have to create an account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nash immediately of any breach of security or unauthorized use of your account. Although Nash will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Nash or others due to such unauthorized use.
Nash reserves the right to establish data transfer restrictions, limit the total amount of data transfer associated with your account, or both. Your account may be closed by Nash should the total amount of data transfer exceed an amount deemed excessive in Nash's sole discretion.
You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", or similar systems, that accesses the website in a manner that sends more request messages to the Nash servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Nash grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Nash reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website.
In order to post or publish User Submissions, defined below, on the website, you will be required to encode your media data by downloading and installing the Nash software. For these limited purposes only, you are hereby granted a revocable non-exclusive licence to use the Nash software for the sole purpose of encoding digital audiovisual material in order to create User Submissions for the website. Nash makes no warranty concerning the functionality of the Nash software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the Nash software. You hereby waive any legal or equitable rights or remedies you may have against Nash with respect to your use thereof.
The website may permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and publishing of such User Submissions. Nash may also establish categories for User Submissions based on intended use, such as “Private” where User Submissions are not shared, “Invited” where there is an invitation to view, share, or both, and “Public”. You understand that whether or not such User Submissions are published and regardless of category, Nash does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that Nash may place advertising on the website in conjunction with User Submissions.
You are solely responsible for your own User Submissions and the consequences of posting, sharing, or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:
For User Submissions you submit, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Nash all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Nash or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(v) impersonate another person.
Nash reserves the right to discontinue any aspect of the Nash website at any time.
You understand that when using the Nash website, you will be exposed to User Submissions from a variety of sources, and that Nash is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Nash with respect to such User Submissions.
Limitations and Disclaimer
Nash is not responsible for and will not be liable to you or anyone else for any damages however caused (including direct, indirect, incidental, special, consequential, exemplary and punitive damages) arising out of or in connection with your use of this website, directly or indirectly, through a hyperlinked site; the use of any other website linked to the Nash website by hyperlink or otherwise any action or decision made by you or anyone else in reliance on this website; or any errors in or omissions from the information provided on this website; or resulting from any harmful programming code that could install itself on the website or be transmitted via the website, even if Nash, its directors, officers, employees or agents were aware or should have been aware that such loss or damage could occur.
Nash takes reasonable care to ensure that the information provided on this website is reliable but cannot guarantee or warrant that it is accurate, complete or current at all times.
This website does not purport to provide anything more than information about the existence and general purpose of Nash. No activity of Nash or of the availability of any particular activity of
Nash at any place or time can be implied from the content of this website. Nash may change any content at any time in its sole discretion without notice.
Nash provides the information on this Website on an "as is" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
Nash does not endorse, warranty or encourage the downloading or any content, files, graphics or other data in digital or other format from this website. Any and all downloading is at your own risk and you assume the risk of computer viruses or other malicious programs encountered or downloaded onto your systems without limitation of any kind.
Any links to or from this website to other websites are for convenience only. Nash does not review or control, and is not responsible for, any websites linked to or from this website, the content of those websites, the privacy practices of those websites, the third parties named therein or their products and services. Linking to any other website is at your sole risk and Nash will not be responsible or liable for any damages in connection with such linking. No endorsement is to be implied from a link on this website to any other website. The Nash website may contain links to third-party websites that are not owned or controlled by Nash and Nash assumes no responsibility for these third-party websites. By using the website, you expressly discharge Nash from any and all liability arising from your use of any third-party website.
Materials on this website were produced, compiled, or both, by Nash and are covered by the provisions of the Copyright Act and by Canadian laws, policies, regulations and international agreements.
Information, documents and images on this website were produced, compiled, or both, by Nash for the sole purpose of providing the public with direct access to information for personal and non-commercial use about the programs and services of Nash. For permission to reproduce content, you must contact Nash and specify the pages you wish to reproduce and for what purpose. Unless otherwise specified in writing by Nash or the applicable third party copyright owner, you may not copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify, exploit or make public or commercial use of, in any form, the Nash website or any part thereof.
Nash makes every reasonable effort to protect the security of your personal information and honour your choices for its intended use. We use our best efforts to protect your information from misuse, unauthorized access and disclosure.
We do not provide personal information to unrelated third parties for any reason except as required by law. Any personal information collected is used and shared only for the purpose for which it was collected or for a consistent purpose. Further, information is kept only for the length of time necessary to fulfill the purpose for which it was collected or as required by applicable legislation.
Personal information disclosed through your use of the website will be collected, used and disclosed by Nash in accordance with the following privacy principles:
(i) You consent to use your personal information disclosed through your use of the website, including any interactive e-commerce functions of the website, for the purposes of undertaking the purchase of services or products from Nash, and other reasonably expected business-related purposes.
(ii) Nash may use and disclose personal information provided by you through the website, including any interactive e-commerce functions of the website, without your further consent, for compliance with any applicable law, regulation, or the order of any court or other lawfully constituted authority.
The collection of personal information from you through website, including any interactive e-commerce function of the website, will be restricted to that required by Nash to undertake the business-related purposes for which the information was provided and for Nash to meet its legal obligations.
Limiting the use, disclosure, and retention of personal information
Personal information collected from you through the website, including any interactive e-commerce function of the website, will be used, disclosed and retained only for undertaking the purchase of services or products from Nash and other reasonably expected business-related purposes, or for compliance with any applicable law, regulation, or order of any court or other lawfully constituted authority.
Security of personal information
Nash will take commercially reasonable steps to protect your personal information from unauthorized access, use or disclosure. Reasonable steps include physical, electronic and procedural measures appropriate to the level of sensitivity of the personal information.
Access to personal information(i) You may access your personal information provided through the website, including any interactive e-commerce function of the website, to confirm its accuracy or completeness or to update your personal information, by contacting the Privacy Officer, defined below.
(ii) Nash will correct or update any personal information upon request.
(iii) Nash reserves the right to charge a person requesting access to their personal information a reasonable fee for doing so where the costs of providing access are significant.
Response to Inquiries and Complaints
Please be aware there is some risk involved in transmitting information over the Internet regardless of Nash efforts. Due to the inherent nature of the Internet, data cannot be warranted as secure. Nash disclaims any and all implied warranties of data security and does not represent that personal information will not be intercepted, collected and misused by others without consent.
If you have a Nash website account, your account information will be used to manage website user accounts and for website communications. Website administrators at Nash will have access to the list of user accounts on the Nash website (names and e-mail addresses).
The cookie cannot be executed as code nor deliver viruses, and is valid for a limited period of time. The cookie will expire within 30 minutes if you do not access any additional web pages or if you use the logout feature.
Nash collects information about and tracks website use, which may include sharing, in an anonymous form, the information generated by the cookie about your use of the website (including IP address). This information is then used to evaluate visitors' use of the website and to compile statistical reports on website activity, which gives Nash the opportunity to identify problems and improve service.
Nash will not use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. Nash will not link, or seek to link, an IP address with the identity of a computer user. We will not associate any data gathered from this site with any personally identifiable information from any source, unless you explicitly submit that information using a form on our website.
This privacy statement applies only to Nash and to components of its website.
Nash is not responsible for the privacy practices of other sites linked to from our website. You are encouraged to read the privacy statements on those sites.
Warranty and Indemnity
You agree that your use of the website is at your sole risk. Nash makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the website by any third party, or concerning damage of any kind incurred resulting from use of the website. Nash does not endorse and is not responsible for any product or service advertised or offered by a third party through the website or any hyper-linked website. In no event shall Nash, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the website, its content, or Nash software.
You agree to defend, indemnify and hold harmless Nash, its 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 website;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your user submissions, if applicable, caused damage to a third party.
Applicable Law and general provisions
The Nash website (excluding linked sites) is controlled by Nash from within Ontario. By accessing the Nash website, you agree that the statutes and laws of Ontario shall apply to all matters relating to, arising from or incurred by use of this website, and that Ontario courts shall have exclusive jurisdiction. You agree that any cause of action in relation to the website must be commenced within one (1) year after the cause of action arises, or such cause of action is permanently barred.