Conditions And Terms Of Advertising With This Website (TOA)

BY ADVERTISING ON OUR WEBSITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS ADVERTISING AGREEMENT, herein named the TOA.

MIDITECH reserves the right to change any of the terms and conditions contained in this Advertising Agreement (TOA) or any policies governing any of the Wedding Canada Network websites (including weddingcanada.com, weddingcanada.com, weddingcentre.ca, weddingcanada.com, weddingcanada.ca, TorontoCityWeddings.com, TorontoCityWeddings.ca), at any time and in its sole discretion.

Any changes will be effective upon posting of the revisions on the Site. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING MIDITECH's POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS ADVERTISEMENT AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

1. Eligibility. Advertising on our website is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. You must be at least 18 years old to advertise on our websites.

2. Sellers' Listing Fees and Payment Terms. Listing fees for web page ads are  as stated on our website advertising section at: http://weddingcanada.com/advertising.html. Modifications to listings already placed will be charged a $35 updating fee per session. This is NOT $35/hour. This is a per updating session fee and applies to ANY type of modification, regardless of how small, or large, the modification requested is. Modifications must remain within the advertising options limits and included features.

3. MIDITECH's Role. MIDITECH provides a platform for third-party sellers ("Sellers") to advertise their website and business to our website visitors. MIDITECH does NOT sell products or services directly to website visitors. Instead we act as a business directory and our sole responsiblity is to list businesses in our directory. MIDITECH is not involved in the actual transaction between Sellers and Buyers and is not the agent of and has no authority for either for any purpose.

Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale or auction. As a Seller, you advertise on our website and use our services at your own risk.

4. Illegal Activity. Our website and advertising services may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations.

Indemnifcation. You will indemnify and hold harmless Miditech , its subcontractors, and its agents against any and all actions, claims, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by Miditech or its subcontractors, relating to:

(a) Your breach of any term or condition in this agreement, or your breach of any applicable Miditech policy or guideline;
(b) Your use or inability to use Miditech’s services;
(c) Your violation, alleged violation, or misappropriation of any intellectual property right or non-proprietary right of a third party.

You agree to fully defend and indemnify and hold harmless Miditech of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of Miditech services or any portion thereof. Choice of counsel remains exclusively that of Miditech.

You agree to fully defend and indemnify and hold harmless Miditech of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any privacy legislation which is in any way related to your use of the Miditech services or any portion thereof. You acknowledge that you are solely responsible for the data stored using the Miditech services and solely responsible for ensuring that the Miditech services are appropriate for the nature of the data being stored. Choice of counsel remains exclusively that of Miditech.

You specifically waive any claim for damages of any kind, whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits, or loss of business as the result of Miditech suspending or terminating your advertising account in response to any claim of copyright infringement even if the material alleged to be infringing is subsequently found not to be infringing.

Notwithstanding anything in this Agreement, the content of the advertisement placed is the sole responsibility of the advertiser. The advertiser agrees to indemnify, defend, and hold harmless Miditech and its subcontractors and agents from any and all claims including, but not limited to: misappropriation of any copyright, patent, trademark, trade secret, data, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute losses, damages, liabilities, judgments, or settlements, including reasonable legal fees, costs, and other expenses incurred by Miditech and any third party entities related to Miditech, related to or in connection with the content of the customer's advertisement and/or website.

The terms of this section (“Indemnification”) will survive any termination of this agreement.

5 Disclaimer Of Warranties

YOUR USE OF THE MIDITECH ADVERTISING SERVICE IS AT YOUR SOLE RISK. Miditech services are provided on an as-is, as-available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. MIDITECH DOES NOT GUARANTEE, NOR IS IT RESPONSIBLE FOR, ANY DELAY OR LOSS OF DATA, LACK OF CONNECTION, SLOW CONNECTIONS, OR ANY OTHER ISSUE, EVEN IF IT IS DUE TO THE NEGLIGENCE OF MIDITECH.

Miditech claims no control whatsoever over the content of the information passing through the Miditech Web hosting system or that of Miditech’s subcontractors. Miditech does not actively or passively monitor the content of any customer’s Website unless we are investigating abuses to this Agreement. Miditech’s monitoring is based strictly on traffic patterns and traffic loads to ensure the security and performance of our networks and servers.

Any information obtained by you from the Internet may be offensive, incorrect, and possibly illegal. Excepting the information on its own Website, Miditech has no control over the contents of any other Website on the Internet. Miditech makes no warrantee as to the accuracy, suitability, or legality of any information that you acquire from the Internet nor does Miditech provides any warrantee for any goods or services that you might acquire over the Internet.

Miditech expressly disclaims any representation or warranty that Miditech’s services will be error-free, secure, or uninterrupted. No oral advice or written information given by Miditech , its employees, licensors of the like, or subcontractors will create a warranty; nor may you rely on any such information or advice. Although Miditech , its subcontractors, and its agents will use all reasonable measures to maintain the security of our services, Miditech assumes no responsibility for the effectiveness of the security measures provided by Miditech or its subcontractors or agents.

The terms of this Section (“Disclaimer of Warranties”) will survive any termination of this Agreement.

6 Limitation of Liability

Customer agrees that Miditech 's liability and the customer's exclusive remedy related to the non-performance of the advertising service shall be: (i) repair or adjustment of the service, or (ii) where repair or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to the customer for the portion of the service which were non-performing. For any other claim, Miditech 's liability, if any, to the customer and end users for damages related to use of the service for any cause whatsoever and regardless of the form of action, shall be limited to those actually proven as directly attributable to Miditech , and shall in no event exceed the total in aggregate charges paid by the customer during the period the said damages were incurred, not to exceed two (2) months. Under no circumstances will Miditech , its agents, suppliers or subcontractors be liable to customer or third party for any indirect incidental, special or consequential damages, expenses, costs, liability, loss, or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory. Customer agrees, acknowledges and confirms that the limitations of liability set out in this section are fair and reasonable in the commercial circumstances of this agreement and that Miditech would not have entered into this agreement but for customer's agreement to limit Miditech 's, its agents', suppliers' and subcontractors' liability in the manner, and to the extent, provided for herein.

For greater certainty, customer agrees that Miditech shall not be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with this agreement or the provision of the service, even if Miditech has been advised of the possibility of such loss.

Miditech assumes no liability arising from (i) the use of the service furnished by Miditech in combination with service, products or equipment provided by customer or any third parties and (ii) the failure by the customer to perform its obligations.

Miditech’s host network or that of its subcontractors may experience periods of unavailability from time to time due to (but not restricted to) normal routine maintenance, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Miditech be liable to the customer for any indirect, special or consequential damages, lost profits, or anticipated loss of profits, arising from, or related to, our advertising services.

The terms of this Section (“Limitation of Liability”) will survive any termination of this Agreement.

7. Termination. MIDITECH, in its sole discretion, may terminate this Advertising Agreement, access to the advertisement, or any current files used for the advertisement(s) immediately without notice for any reason.

8. Billing Policy. Advertiser agrees to the policies contained within our Billing policy as stated at http://weddingcanada.com/billing.html