Terms of Use “Terms”

Last updated: 10/12/2018

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the ecmev.com website (the “Service”) operated by Open Topic (“Eric”, “me”, “myself” or “I”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

This website uses cookies. By using this website and agreeing to these terms of use, you consent to our Open Topic’s use of cookies in accordance with the terms of Open Topic’s privacy policy.

1. License to use website

Unless otherwise stated, Open Topic and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

2. You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

(with the exception of A/M clause in Paragraph 1)

2. You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

(with the exception of A/M clause in Paragraph 1)

3. Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Open Topic’s express written consent.

You must not use this website for any purposes related to marketing without Open Topic’s express written consent.

4. Restricted access

Access to certain areas of this website is restricted. Open Topic reserves the right to restrict access to other areas of this website, or indeed this entire website, at Open Topic’s discretion.

If Open Topic provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Open Topic may disable your user ID and password in Open Topic’s sole discretion without notice or explanation.

5. User content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Open Topic a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Open Topic the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Open Topic or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

Open Topic reserves the right to edit or remove any material submitted to this website, or stored on Open Topic’s servers, or hosted or published upon this website.

Notwithstanding Open Topic’s rights under these terms of use in relation to user content, Open Topic does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

6. Online Radio Service

Open Topic has an Online Radio licensed by SOCAN that plays music pretty much all the time as well offers pre-recorded shows. Many of the shows used to be Podcasts recorded episodes that I now air on my radio so that people can listen to them. I will also be doing new Interviews in 2019 and those shows will be pre-recorded shows will have a date on them so that the listener knows when the show was done as some shows may have Open Topic records may not air for months depending on the cue.

If you would like to be a guest on Open Topic simply fill out the Request Form to be a guest on the show. You can have the option of either a Live or Pre-recorded show. Please specify in your request.

7. Sponsors

Open Topic currently offers 3 Sponsorship plans; Bronze, Silver & Gold. Each plan is billed on a yearly basis to the sponsor. (1 Year Term minimum is mandatory.)

When submitting a Sponsorship Application Form, 2 pieces of ID are needed for authentication of ownership.

One of the ID MUST be a photo identification. Health Cards cannot be accepted.

Note: Prices subject to change without notice.

As said on the Sponsorship Page, Open Topic will post a link or banner provided by the business. Furthermore, on my Online Radio Station, your company will be mentioned in a commercial. All I need from you is the text of what you would like your commercial to say and it will be done and every podcast an audio advertisement suited for your company will be posted for people all around the world to hear.

8. Payments / Refunds

Whenever you schedule an event, once you meet with Eric to discuss the terms of the event, a 50% non-refundable deposit necessary. The rest of the payment must be paid once the event is completed.

There are no refunds for any of the Open Topic services, however, if you happen to be not satisfied with the pictures, something might be arranged like extra pictures taken.

For 35mm Negatives / Slides Conversion Services. Open Topic accepts no responsibility if the items are damaged or the customer does not like the way the end result comes.

9. Payment Options / Methods of Payments

Open Topic currently accepts PayPal, Cash, Certified Cheques, Money Orders, email money transfers, as well as Credit Cards such as (Visa, Mastercard & AMEX). If you chose to pay by Credit card there is a 3% Fee on top of your total. Open Topic can also send out PayPal invoices to the customer/client.

Note: One does not need to have a PayPal account to pay these invoices (only a valid Credit Card)

10. Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Open Topic.

Open Topic has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Open Topic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms of use and privacy policies of any third-party websites or services that you visit.

11. No warranties

This website is provided “as is” without any representations or warranties, express or implied. Open Topic makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Open Topic does not warrant that:

This website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, the advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

12. Limitations of liability

Open Topic will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Open Topic has been expressly advised of the potential loss.

13. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Open Topic’s liability in respect of any:

death or personal injury caused by Open Topic’s negligence;
fraud or fraudulent misrepresentation on the part of Open Topic; or the matter which it would be illegal or unlawful for Open Topic to exclude or limit, or to attempt or purport to exclude or limit, its liability.

14. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

15. Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

16. Indemnity

You hereby indemnify Open Topic and undertake to keep Open Topic indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Open Topic to a third party in settlement of a claim or dispute on the advice of Open Topic’s legal advisers) incurred or suffered by Open Topic arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

17. Breaches of these terms of use

Without prejudice to Open Topic’s other rights under these terms of use, if you breach these terms of use in any way, Open Topic may take such action as Open Topic deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

18. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Entire agreement

These terms of use constitute the entire agreement between you and Open Topic in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

20. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

22. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

23. Contact.

If you have any questions about these Terms, please contact me at questions@ecmev.com