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Terms of Service

General

Maylaf Consulting Services Ltd., d.b.a. RNK Studio Web Site and Vital Spark Web Site, hereinafter referred to as "MCS", contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and the entire contents of MCS Web Site is copyrighted as a collective work under Canadian and international copyright laws. MCS owns a copyright in the selection, coordination, arrangement and enhancement of such content and is protected by Canadian and international copyright and trademark laws.

Participating or contributing individuals, Members or Site Visitors may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member Artists may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under international copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the written permission of MCS and the copyright owner. MCS shall have the right at any time to change or discontinue any aspect or feature of MCS Web Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Member Conduct

Member Artists and Member Contributors, hereinafter referred to as Subscriber, shall use the MCS Web Site for lawful purposes only. Subscriber shall not provide for posting or transmit through MCS Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Subscriber shall not provide for posting or otherwise make available on the MCS Web Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the MCS Web Site, Subscriber automatically grants, or warrants that the owner of such material has expressly granted MCS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

Subscriber also permits any other Site Visitor or Subscriber to access, view, store or reproduce the material for that site visitor's or Subscriber's personal use. Subscriber hereby grants MCS the right to edit, copy, publish and distribute any material made available on MCS Web Site by Subscriber.

Third Party Content

MCS is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, MCS has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of MCS, are those of the respective author(s) and not of MCS. Neither MCS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through MCS represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with MCS. MCS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the MCS Web Site by anyone other than authorized MCS employee spokespersons while acting in their official capacities. Under no circumstances will MCS be liable for any loss or damage caused by a Site Visitor's reliance on information obtained through the MCS Web Site. It is the responsibility of Site Visitors to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the MCS Web Site.

Third Party Site Links Disclaimer

MCS has provided links to Internet sites maintained by third parties. Neither MCS, or subsidiary companies operate or control in any respect any information, products or services on these third-party sites and MCS is not responsible for any links contained in the Third Party Site Links or any changes or updates to Third Party Sites or Links contained therein. MCS provides these links to you only as a convenience. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, MCS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall MCS or its subsidiaries be liable for any direct, indirect, incidental, special or consequential damages that result from the availability of, the use of, or the inability to use, MCS Web Site or materials. If you are dissatisfied with any material on MCS Web Site, or with any of the terms and conditions for use of the MCS Web Site, your sole and exclusive remedy is to discontinue using the MCS Web Site.

MCS shall have the right at any time to change or modify the Terms and Conditions of this service agreement applicable to the use of MCS Web Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the MCS Web Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the MCS Web Site, by Subscriber, after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

Trademarks

The MCS® logo is a registered trademark of Maylaf Consulting Services Ltd. RNK Studio™ in it’s presented form is a trademark of MCS. Microsoft® products referenced herein are either trademarks or registered trademarks of Microsoft. Other product and company names mentioned herein may be the trademarks of their respective owners.

Interpretation and Jurisdiction

This Agreement and any operating rules for the MCS Web Site established by MCS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This agreement shall be construed and interpreted solely in accordance with the laws of the Province of Ontario, Canada. Subscriber or Site Visitor hereby consents and submits to the jurisdiction of the appropriate courts in the Province of Ontario, Canada, for adjudication of any question of law arising hereunder.

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