These terms and conditions regarding your use of the Site constitute a legally binding agreement ("agreement") between you and the site's owners ("Thrill The World", "Thrill Calgary", "ThrillCalgary.com", "iNessens.com", "TTW", "we", "us" or "our"). In this agreement, the terms "Site" or "Web Site" includes all web sites and web pages within ThrillCalgary.com, as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages thereto and thereof. The Site may also contain links or references to additional rules, policies and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us.
This Site is offered and made available only to users of the age of majority or with parental consent. If you are not of the age of majority in your country, or do not have parental consent, please discontinue using the Site immediately, or if, for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this agreement. This site may contain content of a sexual, violent or explicit nature, and/or coarse language. Discretion is advised.
The words "use" or "using" in this agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below.
SONY MUSIC AND THE ESTATE OF MICHAEL JACKSON
Thrill The World and Thrill Calgary are charitable, fan-run events. This Site is in no way endorsed by Sony Music or the estate of Michael Jackson.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this agreement. We will post or display notices of changes on this page and we may also post them on the home Page of the Site. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
OWNERSHIP OF INTELLECTUAL PROPERTY
Unless otherwise specified, and except where outlined below, all Site design, text, images, photographs, articles, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Thrill Calgary and/or Thrill the World and/or iNessens.com, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under Canadian law, as well as applicable foreign, laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial and personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, print or reproduce from the Site. You shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Material without the express prior written consent of Thrill Calgary (or its owner if ThrillCalgary.com is not the owner). Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others. If you believe that the Site contains elements that infringe your copyrights in your work, please e-mail details to [email protected] Several images on this Site belong to corporations or organizations other than Thrill Calgary. These images appear only for non-promotional, illustrative purposes and are believed to appear in an acceptable context according to the Fair Use Act. In most cases, the context in which these pictures appear involves some form of promotion for the copyright holder's product or service. The song 'Thriller' and all related imagery is copyright Sony Music.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).
RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your use of this Site. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to: be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, ARCHIVES, IMAGES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, ThrillCalgary.com is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. As between you and us, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TJ MADIGAN, SKETCH MEDIA, CONMAN PRODUCTIONS, CONOR MULHERN, THRILLCALGARY.COM, NOR ANY OF OUR OR THEIR SUBSIDIARIES, AFFILIATES, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages, updates, postings and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that ThrillCalgary.com's owners assume no liability, responsibility or obligation to transmit, process, store, receive or deliver Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.
All e-commerce on the Site is brought to you by Google and/or the relevant third party. While supplies last. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other web sites or web pages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products or for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be to contact the third party to request and/or suggest a remedy. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of Thrill The World or Thrill Calgary. We do not monitor, endorse, edit or screen any Postings, nor shall we be liable for any Posting that is in violation of this agreement. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, should we offer registration for such services.
If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize us to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant us the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any changes made by us).
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this agreement, please contact us at [email protected] We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, ThrillCalgary.com or its suppliers and advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement (the "Rules"). If any conflict arises between this agreement and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Thrill Calgary or any of its subsidiaries, affiliates, agents, representatives, licensors or suppliers. We do not verify, endorse, or have any responsibility for any such third party sites, nor for any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.
You agree to indemnify, defend and hold Thrill Calgary, Thrill The World, ThrillCalgary.com, its owners, volunteers, subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this agreement by you.
ThrillCalgary.com respects your privacy and the use and protection of the personal information (including any personal information you provide as part of User Information you give us, or have given us on a previous incarnation of Thrill Calgary).
LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
The Site is operated by or on behalf of Thrill Calgary and is intended solely and exclusively to be accessed by consenting individuals of the age of majority in their country and/or region. This agreement, together with any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and ThrillCalgary.com and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This agreement cannot be changed or terminated orally. If any provision of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) month after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of Canada applicable to contracts made, executed and wholly performed in Canada, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Provincial and Federal Courts situated in Canada and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree with us, to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act (USA) or local equivelant. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.