1. Introduction

Welcome to the Internet site of Mosaic Entertainment Inc. (“Mosaic”), which owns and operates the website located at http://www.nutsonline.tv (the “Website”). These Terms and Conditions (the “Agreement”) states the terms and conditions under which you may access and use the Website.

2. Acceptance of Terms and Conditions

By accessing and using the Website, you are indicating your agreement and acceptance of this Agreement and that you intend to be legally bound by the Agreement. If you do not agree with or accept the Agreement, you must not access or use the Website. Mosaic may revise the Agreement at any time by updating this page. You should visit this page periodically to review the Agreement.

3. Ownership, Copyrights, and Trade-marks

The Website is provided for your personal, private and non-commercial use only. You acknowledge that the Website content, including but not limited to, all information, text, data, databases, graphics, videos, audio, interfaces, code, web pages, files, trade-marks, logos and trade names (the “Content”) are owned by or licensed to Mosaic. The Website and all Content are protected under intellectual property, copyright, and trademark laws of Canada and other jurisdictions. You agree not to copy, reproduce, transmit, sell, exhibit, transmit, exploit, redistribute, or otherwise make available for any purposes the Website or Content, whether in part or in whole, except as authorised by the Agreement or without the express written permission of Mosaic. You agree that you shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Mosaic or its licensors.

4. Disclaimers and Limitations on Liability

Please note that the Website is provided for entertainment purposes only. The use of the Website and Content are at your own risk. Mosaic assumes no liability or responsibility pertaining to the Content, or your use of the Website. Your use of the Website is at your own risk. You are solely responsible for the retrieval and use of the Content.

Mosaic is not responsible for any Content that you may find undesirable or objectionable, and disclaims any liability for unauthorised use or reproduction of any portion of the Website.

The Content may not be accurate, up to date, or complete, and is not to be relied upon. Mosaic does not guarantee or make any warranty as to the validity or accuracy of any Content on the Website. Except as expressly provided in this Agreement, the Website and Content are provided “as is” without representations, warranties, guarantees or conditions of any kind, whether express or implied, including but not limited to, accuracy, completeness, legality, reliability, quality or title.

The Content is not intended to provide accounting, legal, financial, or other advice to you, and you should not rely on the Content to provide any such advice, and it should not be used as a substitute of any kind for professional advice. You should use your own judgment in making any use of the Content.

If you have authorised a minor to use the Website, you recognise that you are responsible for the conduct and control of that minor’s usage, and the consequences of any misuse. You acknowledge that portions of the Website may contain material and Content that may be considered inappropriate for minors.

You acknowledge and agree that in no event will Mosaic, its agents, suppliers, affiliates, licensors, or their respective directors, officers or employees be liable for any loss or injury or any special, indirect, incidental, punitive or similar or other damages of any kind, arising out of your access, use, or inability to access or use, the Website and Content, including, but not limited to, use of links to third-party websites, personal injury, viruses, data corruption, and transmission errors or problems. You hereby waive any and all claims against Mosaic, its agents, suppliers, affiliates, licensors, or their respective directors, officers or employees, arising out of your use of the Website and Content.

5. Indemnification

You agree at all times to indemnity, defend and hold harmless Mosaic, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including, without limitation, legal and other fees and disbursements on a solicitor and own client basis) arising out of the Agreement.

6. Third-Parties and Links to Third-Party Websites

The Website may contain links to third-party websites. Mosaic does not assume any responsibility for the accuracy, appropriateness, or decency of the content of such websites, and when you access such sites, you are doing so at your own risk. A link to a third-party website is provided for convenience only, and does not mean that Mosaic is affiliated or associated with that website, and does not mean that Mosaic recommends or endorses that site or any content found on any such websites. The mention of another party or its product or service on the Website should not be construed as an endorsement of that party or its product or service.

You acknowledge and agree that any business dealings, transactions, or correspondence with any third parties found through the Website, are solely as between you and such third parties. You agree that Mosaic will not be responsible in any way or liable for any loss or damage of any kind in relation to such dealings, transactions, or correspondence.

7. Website Postings, User Submissions and Licenses

The Website may provide features that allow you to submit messages and responses for posting on the Website (the “Postings”). When using such features of the Website, you agree that you will not post any material that may be unlawful, abusive, libellous, obscene, defamatory or indecent. You also agree that you will not use such features for advertising or commercial purposes.

By using such features of the Website, and by posting messages and responses, you grant Mosaic a royalty-free, perpetual, unlimited, irrevocable, transferable license to use, copy, adapt, display, market, assign, sub-license, make derivative works from, or make available any information or content you provide through the Website or which is sent to Mosaic by email or other correspondence. You consent to your name appearing as the contributor of such information, where applicable, and at Mosaic’s sole discretion. You agree that any information you transmit will be considered non-confidential. You agree that Mosaic is not subject to any obligations of confidentially for such information unless specifically agreed to by Mosaic in writing or as may be required by law. You represent and warrant that you have the right to grant the license as set out in this Agreement.

Mosaic may review the Postings before these are posted to the Website, and may refuse to post any such information to the Website at its sole discretion. Mosaic reserves the right, in its sole discretion, to edit or remove any information submitted for posting. Mosaic is not responsible for the content of the Postings.

8. General

This Agreement shall inure to the benefit of and be binding upon you and Mosaic, and each of our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

Mosaic may, at any time and without notice, terminate your right to access or use of the Website or any portion of it. Mosaic may terminate the Agreement without notice if you fail to comply with any of its terms. Any such termination shall be in addition to and without prejudice to such rights and remedies as may be available to Mosaic, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, your warranty, licence, and the indemnity provisions of the Agreement shall survive the termination or expiry of the Agreement.

The division of this Agreement and its headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

If any part or provision of the Agreement is found to be invalid or unenforceable for whatever reason, then that part or provision shall be deemed severable from the Agreement, and shall not affect the validity or enforceability of the remaining parts or provisions.

9. Governing Law

You agree that your use of the Website is governed by the laws of the Province of Alberta, Canada, without giving effect to any principles of conflict of law, and you agree to attorn to the exclusive jurisdiction of the Province of Alberta. If you choose to access the Website from any location other than Alberta, Canada, then you do so of your own initiative and are solely responsible for complying with any applicable laws in your jurisdiction. You agree to waive any right you may have to a trial by jury and to commence or participate in any class action against Mosaic related to the Website, the Content, or this Agreement, and where applicable, you also agree to opt out of any class proceedings against Mosaic or its licensors. The parties have agreed that the Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

10. Entire Agreement

This Agreement, as it may be amended from time to time, and any and all other legal notices and policies on the Website, constitutes the entire agreement between you and Mosaic with respect to the use of the Website and Content, and supercedes any prior oral or written agreements.