Terms and Conditions
Last updated July 20, 2018
Welcome to www.smashfest.ca (the “Website”)
Please read these Terms of Use carefully before using the Website.
- Your Acceptance of the Terms of Use
Your use of this Website confirms your unconditional acceptance of these Terms of Use. If you do not accept these Terms of Use, please do not use this Website. - Use of this Website
This Website is intended for your personal use only. You may use this Website only as described in these Terms of Use. You may display on your computer, download and/or print Website pages for non-commercial and lawful use provided that you do not modify any pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, mirrored or distributed in any way, in whole or in part, without our express written consent. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. - Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. We reserve the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person. - Intellectual Property
All materials published or otherwise accessible through the Website, including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software and other materials (the “Content”) are protected by copyright. All visitors shall abide by all additional copyright notices, information and restrictions contained in any Content accessed through this Website. This Website is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws. Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display or exploitation of any of the Content or of this Website, whether in whole or in part, without our express written permission is prohibited. Notwithstanding the above, visitors may download or copy the Content and other downloadable items displayed on this Website for personal use only, provided that visitors maintain all copyright and other notices contained in such Content. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of the us, or such other owner, as applicable. Your use of the Website does not give you any ownership or other rights in the Website or its Content. Smashfest is a registered trademark. - Linking to this Website
Links to the Website without our express written permission is strictly prohibited. Please contact us to request permission to link to the Website. Any permitted links to this Website must comply with all applicable laws, rules and regulations. We reserve the right to cancel and revoke any permission we give to link to the Website at any time and without any notice or liability. - Third Party Sites
From time to time, this Website may contain links to websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for examining or evaluating any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. - Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, including but not limited to, submitting any content to this Website that infringes any third party intellectual property laws. The Website must not be used to solicit customers or sell products or services. In addition to any remedies available at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. - Contests
From time to time, we may make contests available to users of the Website and others. All contests are governed by these Terms of Use and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of these Terms of Use and the applicable Contest Rules. - General Disclaimers. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS. ACCESS TO, AND USE OF, THIS WEBSITE OR ITS CONTENT IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS CONTENTS OR THE SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. BY USING THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT: (I) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT ON THE WEBSITE INCLUDING ITS CURRENCY, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS; AND (II) AS A SERVICE TO USERS OF THE WEBSITE WE INCLUDE LINKS TO THIRD PARTY WEBSITES THAT WE HAVE NO CONTROL OVER, AND MAKE NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES AND THE USER HEREBY IRREOVOCABLY WAIVES ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEBSITES. FURTHER, THERE ARE NO WARRANTIES OR REPRESENTATIONS THAT (A) THIS WEBSITE OR ITS CONTENT WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (B) THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; AND (C) COMMUNICATIONS TO OR FROM THIS WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED. - Limitations of Liability
We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL WE (INCLUDING ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS), NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND INDLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, RELIANCE UPON OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. - Indemnification
By using this Website, you agree to indemnify and hold us, and our affiliates, members, officers, directors, representatives, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”) harmless from any and all claims, cause of action, damages, expenses, costs (including but not limited to reasonable attorneys’, accounting and other professional fees) and liabilities (including but not limited to settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of your use of this Website or breach of these Terms of Use. - Background Information
In order to use some of the services offered through our Website, you may be required to register by providing certain information about yourself, including your name and e-mail address. In consideration of your use of such services which require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, we have the right to suspend or terminate your password and refuse any and all current or future use of the services. - Privacy Policy
We collect, use and disclose personal information in accordance with our Privacy Policy, which is available on the Website and which may be changed from time to time in our sole discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by us in accordance with the Privacy Policy as it then reads. - User Password and Security
If required, you will choose your own password upon completing the registration process for use of the specific services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You agree to notify us immediately upon becoming aware of any known or suspected unauthorized use(s) of your password, or if at any time your password is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised. You acknowledge and agree that we do not have any responsibility or liability for any loss or damage arising from your failure to comply with this section. - User Conduct
You agree that in connection with your use of the Website, the Content and any services offered through the Website you will not:- upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or that we judge to be otherwise objectionable, or that discloses personal or private matters concerning any person, restricts or inhibits any other person from using or enjoying any Website, or may expose us or our users to any harm or liability of any type, in each case as determined by us;
- intimidate or harass another through either affirmative or passive means (offenders risk suspension and/or banishment from the Website, as each member is solely responsible for his or her interactions with other members);
- post topics with the sole purpose of starting a dispute; wish illness or injury on any other person, or on other Website members; or harm or attempt to harm minors in any way;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
- upload, post, email or otherwise transmit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- harvest or collect email addresses or other contact information of other users from any services offered by the Website or the Website itself by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- upload, post, email or otherwise transmit any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- interfere with or disrupt the Website, the services offered by the Website, the Content or servers or networks connected to the Website, the services offered through the Website or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the services offered through the Website or the Content; or intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law.We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Website members, and to resolve said disputes any way in which we see fit.Do not forget that when using any public forum offered via any website, your profile and posts of any kind (e.g. blogs, photos, videos, comments) are public. Refrain from posting anything you wouldn’t want the world to know (e.g. your phone number, address, IM screen names, or specific whereabouts), and keep in mind that anything you post can be viewed by anyone – parents, extended family, teachers, boss, etc.
- Advertisers and Vendors
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the services offered through the Website or the Website itself, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the services offered through the Website. All of your business dealings with vendors and advertisers appearing on the Website or in connection with the services offered through the Website shall be at your sole risk. - Revisions to these Terms of Use
We may, in our sole discretion, revise these Terms of Use at any time and from time to time by updating this posting. Your use of this Website following the posting of such changes will signify your acceptance of these revised terms. We will indicate at the top of this page the date on which these Terms of Use was last revised. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on particular pages of this Website. We may change these Terms of Use in any matter. - Governing Law; Jurisdiction
The Terms of Use as well as the use of this Website, including any order, donation or purchase made through this Website shall be governed and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of laws. You agree that and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. - Termination
We may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason, without notice. In the event of termination, you are no longer authorized to access this Website. You are personally liable for any orders or donations placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice. - Severability
These Terms of Use shall be deemed severable. In the event that any provision of these Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability or any other remaining provisions. - Entire Agreement
These Terms of Use constitute the entire agreement between us and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us and you with respect to this Website or the Content. - Additional Assistance
If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, please feel free to contact us at info@smashfest.stardevpreview.com