Welcome to staging.http://www.bigearlittleear.com (the “Websiteâ€), a website which is operated by Owner. Owner makes the Website available subject to the following Terms and Conditions and Privacy Policy. By entering this Website you recognize and accept that any conclusions, decisions, actions, omissions, assumptions, and the like, made or taken by you from the Website are your responsibility.
Terms and Conditions
- By visiting the Website, you accept, without limitation or qualification, all of the terms and conditions as stated in this Agreement. This Website is accessible worldwide to anyone with Internet access. Use of the Website is subject to the terms and conditions of this Agreement and all applicable laws and regulations, including laws and regulations governing copyright and trademark. Owner reserves the right to change these terms and conditions at any time. The changes will appear on this screen, please review this Agreement from time to time so you will be apprised of any changes. Continued use of the Website means you agree to the amendments.
- The Website may permit the submission of videos, photographs or other communications submitted by you and other users (“User Submissionsâ€) and the hosting, sharing, and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Owner does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that Owner may place advertising on the Website in conjunction with User Submissions.
- You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Owner to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights, including, without limitation, the name and likeness of any person in the User Submission (images of minors shall only be included in your User Submission if the parent or legal guardian of such minor has consented in writing), in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions. For User Submissions you submit, you further agree that you will not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
- You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Website for public use, you hereby grant Owner a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Owner’s business, including, without limitation, for promotion and redistribution of part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You further grant Owner the non-exclusive, irrevocable and unconditional right to describe, relate, publish and/or exploit the User Submissions in any manner, whether in whole or in part, in any other media, print or electronic, and in related products and services in connection with any exploitation thereof, including but not limited to merchandise, clothing, bumper stickers, mugs, toys, posters, books and other printed material and any related promotion and advertising of such items from time to time.
- To the extent permissible under applicable law, you hereby waive any and all moral rights that you may have in connection with your User Submissions, in Canada and elsewhere. You hereby authorize Owner to determine at Owner’s sole discretion whether or not to use your name in association with the use of your User Submissions. You hereby represent that you will not object to anonymous use of your User Submissions or to an indication of your name or pseudonym in connection therewith. You hereby represent and warrant that you shall not consider any modification or other use of your User Submissions pursuant to these Terms and Conditions to be causing damage to your dignity or reputation.
- Owner is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Submissions on the Website. You understand and acknowledge that you may be exposed to User Submissions that are offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Owner with respect thereto. Owner expressly disclaims any and all liability in connection with User Submissions.
- Owner has sole discretion to decide whether a User Submission is appropriate and complies with these Terms and Conditions or the policies of Owner. Owner reserves the right to remove User Submissions without prior notice and to terminate your access to the Website, if you are in violation, or deemed to be in violation, of these Terms and Conditions, Owner’s policies, if Owner is properly notified that such User Submission infringes third party intellectual property rights or is defamatory or in any other way illegal.
- You may be able to link to third parties’ websites (“Linked Sitesâ€) from the Website. Linked Sites are not reviewed, controlled or examined by Owner in any way and Owner is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.
- Your correspondence or business dealings with, or participation in promotions of, advertisers or any third party found on or through the Website, 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 or third party (as applicable). You agree that Owner 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 others on the website.
- Your use of this website is at your own risk. Neither Owner nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or to anyone else for any loss or injury or any indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the Website and the information available on the Website or arising out of any action taken in response to or as a result of any information on the Website whether based on contract, tort or other theory of the law and whether Owner or any of its lawful agents or employees have been advised of the possibility of such claim. You hereby waive any and all claims against Owner and its subsidiaries, divisions, affiliates, agents, representatives and licensors arising out of your use of the website and the information available thereon.
- Without limiting the foregoing, you agree that the maximum aggregate liability of Owner and its subsidiaries, divisions, affiliates, agents, representatives and licensors for any claim, action or demand arising out of or in connection with this user agreement or the Website will be limited to CD$10.00 in the aggregate.
- You agree that you will at all times indemnify Owner from and against any and all reasonable costs, expenses, losses, liabilities and damages (including, without limitation, court costs and lawyers’ fees) arising out of this Agreement.
- This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. There are no representations, warranties, covenants, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this Agreement.
- You agree that your use of the Website is governed by the laws of the Province of Ontario, Canada without giving effect to any principles of conflict of law. You agree that any claim brought against Owner will be brought exclusively in a court of competent jurisdiction in Ontario and both parties agree to attorn to the exclusive jurisdiction of the courts of the Province of Ontario. If you choose to access the Website from any location other than Ontario, Canada, you do so on your own initiative and are solely responsible for complying with any applicable local laws in your jurisdiction. If any part of this Agreement is invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.