Access to and use of this site (‘pasmag.com’) is provided by Performance Publications and subject to the following terms:

1. By using pasmag.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of pasmag.com. If you do not agree to be legally bound by all the following terms please do not access and/or use pasmag.com.

2. Performance Publications may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Performance Publications. Your continued use of pasmag.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Use of pasmag.com

3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use pasmag.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any pasmag.com content except for your own personal, non-commercial use. Any other use of pasmag.com content requires the prior written permission of Performance Publications.

4. You agree to use pasmag.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of pasmag.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within pasmag.com.

Disclaimers and Limitation of Liability

5. pasmag.com content, including the information, names, images, pictures, logos and icons regarding or relating to Performance Publications, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6. Under no circumstances will Performance Publications be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of pasmag.com regardless of the form of action.

7. Performance Publications does not warrant that functions contained in pasmag.com content will be uninterrupted or error free, that defects will be corrected, or that pasmag.com or the server that makes it available are free of viruses or bugs.

Intellectual Property

8. The names, images and logos identifying Performance Publications, its publications, products and services or third parties and their products and services are subject to copyright, design rights and trade marks of Performance Publications and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Performance Publications, or any other third party.

Contributions to pasmag.com

9. Where you are invited to submit any contribution to pasmag.com (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Performance Publications a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Performance Publications privacy policy. If you do not want to grant to Performance Publications the rights set out above, please do not submit your contribution to pasmag.com.

10. Further to paragraph 9, by submitting your contribution to pasmag.com, you:

10.1. warrant that your contribution:

10.1.1. is your own original work and that you have the right to make it available to Performance Publications for all the purposes specified above;

10.1.2. is not defamatory; and

10.1.3. does not infringe any law; and

10.2. indemnify Performance Publications against all legal fees, damages and other expenses that may be incurred by Performance Publications as a result of your breach of the above warranty; and

10.3. waive any moral rights in your contribution for the purposes of its submission to and publication on pasmag.com and the purposes specified above.

General

12. If there is any conflict between these terms and specific terms appearing elsewhere on pasmag.com (including local house rules) then the latter shall prevail.

13. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

14. These terms shall be governed by and interpreted in accordance with the laws of Canada

Performance Publications

44 Prince Andrew Place

Toronto, ON M6P 3M9