Use of this Catch the Ace Website
This Site is authorized by the Kin Club of Russell and run by our supplier KB Media (collectively the Kin Club of Russell and KB Media referred to as “We”, “our” or “us”). Your access to and use of this website and its contents is subject to the terms and conditions of these Terms of Use, including Schedule A, and all applicable laws. Your participation in the above activities signifies that you the “User” accept and agree to these without any limitation or qualification. Please note we may change information on this Site and/or these Terms, at any time without notice. You should regularly review these Terms for any changes.
2. User Conduct
Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including Submitted Content), and including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, e-mailed, transmitted, uploaded or otherwise submitted via a Service.
3. User Restrictions
- You may not copy, reproduce, reuse, retransmit, adapt, upload, modify, broadcast or distribute content on this Site in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
- We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities, or misuse occurs.
4. Disclaimer
We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:
- • The use of the Site is at your own risk and is provided to you “as is”; and
- To the fullest extent permitted by law, we and our related parties disclaim all warranties regarding the site and shall not be responsible or liable for any damages due to: statements, errors or omissions in the site; content infringing any third party’s rights; viruses that may be transmitted to your computer; linking to any other site or its nature or contents; or any other matter regarding this Site and your use of it.
5. Indemnification
By using this Site, you agree to indemnify, defend and hold harmless us and our related parties from all damages, costs and expenses, including reasonable lawyer’s fees and costs, arising out of any of the following:
- Any claims for infringement of intellectual property rights, libel, defamation relating to Submitted Content;
- Any activity relating to your internet account, including negligent or wrongful conduct by you or anyone using the Site through your internet account;
- Your breach of any provision of these terms; and
- Any other matter regarding this Site and your use of it.
You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
6. Privacy
We respect concerns about the privacy of your personal information and are private with respect to how we collect, use, disclose and manage your personal information.
This Site may contain links to other web sites that we do not own or operate. We do not control, recommend, or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should take notice when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
7. Governing Law
We control and operate the Site from Russell, Ontario, Canada (regardless of where hosting servers are located). All matters relating to the Site are governed by and construed in accordance with the laws of the Province of Ontario, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the Eastern Ontario village of l’Orignal. We do not warrant or imply that the Site or materials on it are appropriate for use outside Canada.
Schedule A
Submission Release Terms and Conditions
1. You have the right to grant the rights granted to us in this license. No further permissions, consents or payments are required from or to, any third party in connection with our use of the rights granted hereunder, there is (and will not be) any agreement with a third party that may in any way interfere with our rights under this license, and such rights are and shall be free and clear of any and all claims, rights and obligations whatsoever;
2. The Submitted Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order; and
3. This license, and the Submitted Content shall not be subject to the jurisdiction of any guild, organization, corporation or collective in any jurisdiction and no additional payment, royalties, or consent of any party are required in connection with the exercise of our rights. Without limiting what you have represented to above, you have not previously assigned any or all of the rights in and to the Submitted Content to any guild, organization, corporation or collective or other person or entity whatsoever.
4. You expressly and irrevocably release and forever discharge us and our respective directors, officers, members, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, the exercise of our rights in this license, release and waiver.
5. You hereby agree to indemnify and hold us and our respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver or by our use of the Photos or the Submitted Content.
6. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against us, all of which such rights are hereby expressly and irrevocably waived by you in our favour.
7. You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.
