Terms of Service

1. General Provisions

Please read these Terms of Service before using the website provided by Backyard Media Inc.

By accessing this Website, you agree that you have read, understand and agree to be legally bound by these Terms of Service (“Terms”).  If you do not agree to be bound by these Terms, do not access this Website. 

These Terms of Service (“Terms”) are a contract between you and Backyard Media Inc. (“Backyard,” “Backyard Media,” “we,” “us,” or “our”).  They govern your use of Backyard’s websites (“Websites”), services, online store, mobile apps, products, and content (collectively “Services”).  Your use of the Services is also subject to all applicable laws, rules, and regulations.

The availability of the Websites and/or the Services does not imply or create any relationship or affiliation between you and Backyard Media.

2. Your Submissions

You may submit picture or video content and textual content, including but not limited to, comments to Backyard’s Website (collectively, all submissions are known as “Your Submissions”), via upload or submission functions on the Websites or third-party websites used by Backyard, via email, or via mobile Services.  When you submit Your Submissions, the submission and associated license below also includes the right to use the name and account in connection with Your Submissions as identified herein.

You own the rights to Your Submissions. However, by submitting Your Submissions to Backyard, without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:

By submitting any of Your Submissions and agreeing to these Terms, You grant to Backyard, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, manipulate, alter, display, edit, rerun, syndicate, print, perform, and otherwise exploit Your Submissions, in any media formats, including print media and the Internet, now known or hereafter devised and through any media channels, for any lawful purposes, in connection with: the Websites; any products or Services offered by Backyard or its licensees; any commercial or non-commercial purposes; and in any other manner relating to Backyard’s business, including without limitation, for advertising, marketing, promoting, and redistributing all or a portion thereof.

You grant each user of the Websites a non-exclusive license to access Your Submissions through the Websites, and to use, copy, reproduce, distribute, display and perform Your Submissions.

Backyard reserves the right to use, or not use, Your Submissions, as much or as little as Backyard chooses.  Some of the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Backyard may place any and all advertising and promotions on the Websites or on, about, around, incorporated into, or in conjunction with Your Submissions.  The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Websites, if so removed or deleted.
sites.

YOU WAIVE ANY CLAIMS YOU MAY HAVE BASED ON ANY USE, MANIPULATION, PRODUCTION, DISTRIBUTION, OR USE OF YOUR SUBMISSION AS PERMITTED BY THIS AGREEMENT, OR THE WORKS DERIVED THEREFROM, INCLUDING BUT NOT LIMITED TO CLAIMS FOR INFRINGEMENT, INVASION, MISAPPROPRIATION, OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.  YOU UNDERSTAND THAT BACKYARD DOES NOT GUARANTEE, AND DISCLAIMS, ANY CONFIDENTIALITY WITH RESPECT TO ANY YOUR SUBMISSIONS.

You’re responsible for Your Submissions. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

You’re welcome to create and submit Your Submissions to Backyard if you have posted them somewhere else – if, and only if, you have the rights to do so. By submitting Your Submissions, you represent and warrant that you have the rights to do so.

Backyard Media has no obligation to screen Your Submissions or the submissions of any other person or entity, including any communications or information, in advance and is not responsible for screening or monitoring any submissions, posted by any user of the Website. You agree that Backyard can refuse, remove or delete any of Your Submissions for any reason, but Backyard may keep copies of any of Your Submissions on our servers for any amount of time.

Backyard Media does not represent or guarantee the truthfulness, accuracy, or reliability of Your Submissions or the submissions of any other person or entity, or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users will be at Your own risk.

3. Restrictions on Your Submission

You agree not to post, email, submit, or otherwise make available any of Your Submissions if they:

1. are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
2. harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. include personal or identifying information about another person without that person’s explicit consent;
4. are false, deceptive, misleading, or deceitful;
5. infringe on or violate any rights (including intellectual property), or other proprietary rights of any party;
6. you do not have a right to submit them or make them available;
7. constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
8. violate any applicable civil or criminal laws or regulations, or promote any illegal activity.

4. Backyard’s Ownership

The Website’s and Service’s content, such as text, graphics, images, logos, user interfaces, visual interfaces, photographs, button icons, software, trademarks, sounds, music, artwork and computer code, and other Website content (collectively, “Content”), are protected under copyright, trademark and other laws. All Content is the property of Backyard Media or its content suppliers or clients. Unauthorized use of Backyard Content may violate the laws, and is strictly prohibited. Backyard content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute Backyard Content without the express written permission of Backyard Media Ltd. You are not entitled to use Backyard Content for commercial exploitation in any circumstances.

You agree not to sell or modify Backyard Content or copy, reproduce, display, publicly perform, distribute, or otherwise use the Backyard Content in any way for any public or commercial purpose. You further agree to in no other way misuse Backyard Content that appears on this Site.

Remember: Backyard is not your attorney. None of this information should be taken or construed as legal advice (or any other type of advice for that matter).

Backyard Content is provided for general information only and it doesn’t constitute legal advice (or any other type of advice) and should not be relied upon for this purpose. Your use of any information or materials on this website is entirely at your own risk, for which Backyard Media shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

5. Online Store Terms

I) Your Agreement

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website and Services.

Backyard Media reserves the right to refuse service to anyone for any reason at any time, including the use of our online store.

Backyard Media may make certain items, goods, materials, or collectibles (collectively “products”) available for sale or purchase through an online store.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

II) Your Credit Card Information

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

III) Product Pricing and Availability

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (including the availability of any products or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

IV) Products

Certain products or services may be available exclusively our online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor’s or other electronic or mobile device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

ALL PRODUCTS ARE SOLD “AS IS” WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

THE SALE OF ALL PRODUCTS THROUGH BACKYARD’S ONLINE STORE ARE SUBJECT TO ALL OF THE TERMS IN THIS AGREEMENT, AND SPECIFICALLY TO THE TERMS AND CONDITIONS CONTAINED IN PARAGRAPHS 9, 10, 11, AND 12, AS PROVIDED HEREIN.

V) Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. External Links

Backyard’s website located at contains hyperlinks to third party websites. Backyard Media is not liable for the contents or accessibility of such websites. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.

7. Third Party Software, Features and Applications

Backyard Media may make software, plugins and applications from third-party companies available to You on the Site. To download such software, You may be required to agree to the respective software licenses and/or warranties of such third-party software, plugins and applications; each of which may be subject to individual software license agreements that are not controlled or monitored by Backyard.  Your use, access, or decision to click-thru or download such software is your decision and at your own risk and the resulting agreement will be between You and the respective company.  This means that Backyard Media does not guarantee that any software, plugins and applications You download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses.

Backyard Media does not offer any warranty on any third-party software, plugins and applications You download using the Site.

You acknowledge that information and materials contained on Backyard’s website may contain inaccuracies or errors and Backyard expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

8. Advertisements and Other Sources Of Revenue

Parts of the Website may contain advertising, marketing, and/or sponsorship. Some of the Services may now or in the future be supported by advertising revenue, pay-per-click mechanisms, or other funding, and the Website may display advertisements and promotions. These advertisements may be targeted to the content of information stored via the Website, queries made through the Website, or other criteria. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation.

The manner, mode and extent of advertising on the Site are subject to change without specific notice to You. Backyard accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. In consideration for Backyard Media granting You access to and use of the Site and the Services, You agree that the Backyard Media may place such advertising on the Site and/or incorporate such advertisements into the Website and/or Services.

9. Applicable Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving any effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Toronto, Philadelphia, PennsylvaniaOntario, Canada. and you hereby consent to the personal jurisdiction of such courts for the purpose of litigating any action. You and Wedding Site agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website, our Services, or the Agreement will be exclusively in the federal or local courts located in Ontario, Canada.

Backyard intends to resolve any and all disputes that may arise between it and its You in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Backyard in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief.  Backyard shall respond within ten (10) business days of receipt. You and a representative of Backyard shall meet or communicate electronically within ten (10) business days of the delivery of our response, and as often as you and We mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and Backyard fail to resolve the matter, you may then proceed to litigation in the forum described above.

10. Limitation of Liability

IN NO EVENT SHALL BACKYARD MEDIA, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE, RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES, PRODUCTS, OR THE SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, AND EVEN IF BACKYARD MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  WITHOUT LIMITATION, YOU (AND NOT BACKYARD MEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT BACKYARD MEDIA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BACKYARD MEDIA’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY BACKYARD MEDIA, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY BACKYARD MEDIA.

YOU AND BACKYARD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR SERVICE(S) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

NOTWITHSTANDING THE FOREGOING, IF BACKYARD MEDIA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR SERVICE(S) OR ANY CONTENT CONTAINED THEREIN, BACKYARD MEDIA’S LIABILITY SHALL IN NO EVENT EXCEED U.S. $100.00.

11. Disclaimer

YOUR USE OF THE PRODUCTS, SERVICES, AND WEBSITES IS AT YOUR OWN RISK.  THE WEBSITES AND ALL THE MATERIALS, PRODUCTS, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.  TO THE FULLEST EXTENT PERMITTED BY AND THROUGH APPLICABLE LAW, BACKYARD MEDIA DISCLAIMS ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

BACKYARD MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE FUNCTIONALITY OR USE OF THE WEBSITES, PRODUCTS, OR THE RESULTS OF THE USE OF THE MATERIAL, SERVICES, OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  BACKYARD MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES AND/OR SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BACKYARD MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF BACKYARD MEDIA.

BACKYARD MEDIA MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, SERVICES, OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  BACKYARD MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (b) ERRORS, MISTAKES, OR INACCURACIES OF PRODUCTS, SERVICES, OR USER SUBMISSIONS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (e) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (f) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

12. Indemnification

You agree to indemnify, defend and hold Backyard Media, its parent, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents, harmless from any liability, loss, claim and expenses, including all legal fees related to 1) your misuse of the Website and your use of any product and/or Service; 2) your breach of these terms and conditions; 3) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; 4) any claims that your use of the Website or Service caused damage to a third party, and/or 5) violations of any and all applicable laws, rules or regulations from any jurisdiction.

You must notify us immediately if anyone makes or threatens to make any claim against You relating to your use of this Site.

13. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You agree that Paragraphs 2, 4, 5, 9, 10, 11, and 12 will survive the termination of this Agreement.

You may cancel your agreement with Backyard Media and terminate this Agreement at any time. If you decide to cancel your agreement with Backyard, all of Your content and Your Submissions will be immediately deleted upon cancellation. This information can not be recovered once Your Agreement is cancelled.

Backyard Media reserves the right to decide whether Your Submissions violate these Terms, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegal or offensive content.  As such, Backyard Media may at any time, without prior notice and in its sole discretion, remove Your Submissions and/or deactivate or delete a user’s account for submitting such materials.

Backyard Media has the right to suspend or terminate Your Account or access to the Website and/or Service, and refuse any and all current or future use of the Website and/or Service, if, You breach any provision of the Terms, or if Backyard Media is required to do so by law, or if Backyard Media is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service, or if the provision of the Services to you by Backyard Media is no longer commercially viable. Such termination of the Service will result in the deactivation or deletion of Your Account or Your access to the Website and/or Services.

14. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to the Services, Website, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Website or relating to the Services or cancel orders if any information in the Service or on any related Website is inaccurate, at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15. Miscellaneous

1. You are responsible for creation, storage, and backup of your business records. These Terms and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Backyard Media’s part to store, backup, retain, or grant access to any information or data for any period.
2. These terms and conditions contain all the terms of your agreement with us relating to your use of our website. No other written or oral statement will be incorporated.
3. Backyard Media reserves the right to change the terms of this Agreement or to modify any feature of the Site or service. By continuing to use the Site after the posting of notices regarding such changes, you agree to be bound by such changes.
4. Backyard Media shall not be liable for any failure or delay in the performance of its obligations (except for payment obligations hereunder) due to causes beyond its reasonable control, including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, failure of telecommunication or internet service providers. including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, failure of telecommunication or internet service providers.
5. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
6. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
7. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Backyard Media.
8. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service.

Last updated: November 11, 2019.