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Please read these terms of use carefully before using this Website. Use of this Website constitutes acceptance of these Terms.
Acceptance of Terms
Welcome to the Mike Pereira “dot com” Website, herein referred
to as the “Website.” The Website is owned and operated by
Michael A. Pereira (Mike Pereira) and is publicly available for your personal
use and information. By accessing the Website, you agree to be legally
bound and to abide by these Terms of Use ("Terms and Conditions"
or "Agreement") in their entirety, just as if you had signed this
Agreement. If you do not agree, please do not use the Website. Mike
Pereira may amend or modify this Agreement or impose new conditions at
any time. Your continued usage of the Website following the posting of
any changes to the Agreement will mean you accept those changes. You should
revisit this page periodically to review the Terms and Conditions to which
you are bound.
Proprietary Rights
You acknowledge that the Website contains text, information, photographs,
graphics, icons, and other viewable material (collectively, "Content")
that are protected by copyrights and/or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or subsequently developed. This Website and its Content are
the sole and exclusive property of Mike Pereira (unless otherwise noted)
and are protected by Canada, United States and international copyright
laws. While the Website makes the Content available to all users of the
Website, Mike Pereira expressly retains all copyright and related proprietary
rights in the Content. Accordingly and in consideration of your using the
Website, you agree that without the express prior written (Email) permission
of Mike Pereira, you will not, directly or indirectly, in any manner whatsoever:
copy or distribute by any means the Content or any portion of it; mirror
or include the Content or any portion of it on your own, or another, server
or documents; or modify any portion of the Content. Notwithstanding the
above, you may make a single copy of the Content for your own personal,
non-commercial use, provided you keep intact all copyright and other proprietary
notices. Mike Pereira expressly reserves all other rights in the
Content, and title to the Content remains with Mike Pereira. Any use of
the Content not expressly permitted by these Terms and Conditions is a
breach of these Terms and Conditions and may violate copyright, and other
laws. Mike Pereira “dot com,” www.mike-pereira.com, banners, my personal
photos, the Pangea Studios logo, other logs, and related marks are all
registered and unregistered trade marks of Mike Pereira and are the valuable
property of Mike Pereira. You agree that you will not reproduce any trademark
of, or imply any endorsement or relationship with Mike Pereira. Other product
and company names and logos mentioned or appearing on the Website might
be the trademarks or service marks of their respective owners. Nothing
contained herein shall be construed as conferring any license or right
under any of Mike Pereira’s copyright, trademark or proprietary rights,
or those of any third party, whether expressly or by implication, or otherwise.
All rights not expressly granted herein are reserved to Mike Pereira.
I vigorously enforce my intellectual property rights and aggressively prevent
their misuse.
Use of the Website
Mike Pereira hereby grants you a non-exclusive, non-transferable license
for the term hereof to access and download, display and print one copy
of, the Content on any single computer, solely for your internal personal
use, provided that you will not modify the Content in any way and that
you retain all copyright and other proprietary notices displayed on the
Content. You may not otherwise reproduce, modify, distribute, transmit,
post or disclose the Content without my prior written consent.
Intellectual Property Policy
Mike Pereira respects the intellectual property of others and expects
users of the Website to do the same. At my discretion and in appropriate
circumstances, I may terminate the accounts of users or prevent access
to the Website by users who infringe upon the intellectual property rights
of others. Mike Pereira makes no claims that the Content is appropriate
or may be downloaded outside of Canada or the United States. Access to
the Content may not be legal by certain persons or in certain countries.
If you access the Site from outside Canada or the United States, you do
so at your own risk and are responsible for compliance with the laws of
your jurisdiction. I will remove any material or Content that infringes
the copyright or other intellectual property right of any person. If you
believe that your intellectual property right is infringed by any Content
on the Website please Email me the particulars of your claim.
Third Party Sites and Links
Clicking on certain links within the Website will let you leave the
Website. Mike Pereira provides these links to you only as a convenience,
and does not endorse the content on any third party Websites, or any site
linked to a third party Website. The linked sites may not be under Mike
Pereira’s control. Accordingly, Mike Pereira is not responsible for the
content of linked third party sites; sites framed within the Website, or
any third party advertisements. Mike Pereira does not make any representations
regarding the accuracy, legality, decency or any other aspect of the content
of such sites. These sites may contain information or material that some
people may find inappropriate or offensive. Mike Pereira is under
no obligation to maintain any link on this Website and may remove a link
at any time in its sole discretion for any reason whatsoever. Your use
of third-party Websites is at your own risk and subject to the terms and
conditions of use for such sites. I shall not be liable for any damages
or costs arising out of or in any way connected with your use of any third
party Websites accessed through this Website.
Grant of Limited License
Mike Pereira hosts a discussion forum on this Website. Mike Pereira
assumes no responsibility for information posted in connection with any
such discussion forum. If you submit material to any such discussion forum,
or post on the discussion forum, you warrant that the information contained
therein is truthful, does not violate the rights or property interests
of others, and is not unlawful, threatening, defamatory, vulgar, obscene
or otherwise objectionable. You agree that you will not, directly or indirectly,
in any manner whatsoever, use any such forum for: solicitation, advertisement
or promotion of any business; or any illegal or unlawful purpose. You declare
that Mike Pereira may use and reproduce the material so submitted for any
purpose and you hereby grant the Website a non-exclusive, perpetual royalty-free
license to and for such material. As a condition of submitting materials,
you agree to waive any "moral rights" or other rights of authorship that
may accrue or have accrued to you under any laws of any jurisdiction. Mike
Pereira reserves the right to investigate complaints that visitors may
make about the content on the Website or the discussion forum. Mike
Pereira reserves the right to remove any content from the Website, in my
sole and absolute discretion, at any time, and to terminate the privilege
of any user to post on any discussion forum or to participate in any of
my other services if they misuse the posting privilege or violate this
Agreement. By continuing to access this Website, and by submitting material
to Mike Pereira, you agree that you shall have no recourse against me for
any alleged or actual infringement or misappropriation of any proprietary
rights in your communication to it. By submitting material, you confirm
your understanding that you will not be entitled to any compensation or
other remuneration because of Mike Pereira’s use or disclosure of such
other similar or identical material. You hereby acknowledge that no fiduciary
or confidential relationship exists between you and Mike Pereira, either
now or by reason of your submitting any information to the Website, unless
you and Mike Pereira have made and executed a separate written agreement
to the contrary.
Disclaimer of Warranties
While Mike Pereira uses reasonable efforts to include accurate and
timely information on this Website, I make no representations as to the
truth, accuracy, reliability, usefulness, timeliness and completeness of
that information, and you should not rely upon it. Mike Pereira does not
guarantee that the Content provided will be sufficient or appropriate for
every individual or situation. The site and the Content are provided on
an "as is, as available" basis, and you use this site at your own risk.
The Content may include technical inaccuracies or typographical errors.
The information provided may not be suitable or appropriate for you. Mike
Pereira strongly urges you to contact me before relying on any of the information
provided on the Website. When using the Website, information will be transmitted
over a medium that is beyond my control and jurisdiction. Accordingly,
Mike Pereira assumes no liability for or relating to the delay, failure,
interruption or corruption of any data or other information transmitted
in connection with use of the Website. Mike Pereira makes no warranty or
representation that the Website will be available at any particular time
or location, or that any defects or errors will be corrected. Mike
Pereira disclaims all liability for any computer viruses or other disabling
computer code that may be loaded into user's computers when they download
documents from this site. You are strongly advised to obtain and use appropriate
antivirus and security software. To the fullest extent permitted by law,
Mike Pereira disclaims all warranties, either express or implied, statutory
or otherwise, including but not limited to the implied warranties of merchantability,
non-infringement of third parties' rights, and fitness for particular purpose
nor does Mike Pereira make any warranty as to the results that may be obtained
from the site.
Limitation of Liability
In no event whatsoever shall Mike Pereira, or any third parties mentioned
on the Website be liable for any damages (including, without limitation,
direct, special, indirect, incidental, consequential or punitive damages,
personal injury/wrongful death, lost profits, or damages resulting from
lost data or business interruption) resulting from the use (or inability
to use) the Website, the Content, the information on or available through
this Website, or arising out of any action taken in response to or as a
result of any information available on the Website. This limitation applies
whether the alleged liability is based on warranty, contract, tort or any
other legal theory, and whether or not Mike Pereira is advised of the possibility
of such damages. You hereby waive any and all claims against Mike Pereira
arising out of your use of the Website and the information available on
it. You acknowledge that without these limitations, Mike Pereira could
not provide access to the Website. Some jurisdictions do not permit the
exclusion or limitation of liability for incidental or consequential damages.
Consequently, the above exclusion or limitation may not apply to you. In
such jurisdictions, Mike Pereira’s liability shall be limited to the maximum
extent permitted by law.
Indemnity
You agree to indemnify Mike Pereira, and hold me harmless, from and
against all losses, expenses, damages, claims and costs, including reasonable
legal and accounting fees, resulting from any alleged violation of these
Terms and Conditions or any activity related to your access of the Website
(including negligent or wrongful conduct) by you or any other person accessing
the Website using your internet account.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with
the laws of the Province of Ontario and the laws of Canada applicable therein.
You expressly agree that any action arising out of or relating to this
Agreement shall be filed only in a court located in Ontario and you irrevocably
and absolutely consent and submit to the jurisdiction of such courts for
the purposes of litigating any such action.
Integration, Severability, and Waiver
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supersedes all
previous and contemporaneous agreements, proposals and communications,
written or oral, between Mike Pereira and you. If any provision of these
Terms and Conditions is found to be invalid or unenforceable, the invalidity
of such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and effect.
No waiver of any of these Terms and Conditions shall be deemed a further
or continuing waiver of such term or condition or any other term or condition.
Survival of Terms
These Terms and Conditions apply while you are accessing the Website
and while you are in possession, in any form whatsoever, of any Content
or any portion thereof. Notwithstanding the foregoing, the provisions set
out in this Agreement relating to Proprietary Rights, Use of Website, Intellectual
Property Policy, Disclaimer of Warranties, Limitation of Liability and
Indemnity shall survive the termination of this Agreement and shall survive
thereafter in perpetuity.
