Festival Rush Legal Policy
YYZtech Group Media Ltd. Terms of Service
This is a legal agreement ("Agreement") between you and YYZtech Group Media Ltd., an Ontario-based Canadian corporation, with its headquarters located at 210 St. Patrick St., Toronto, ON.
By accessing the FestivalRush web site, currently located at festivalrush.com (the "Site"), and using any of the Services (as defined below) accessible through the Site, you become a User and agree to, and are bound by, the Terms and Conditions of this Agreement for as long as you continue to use the Site or the Services therewith associated.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.
Your use of, or participation in, certain Services may be subject to additional Terms and Conditions, and such Terms and Conditions will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services. The YYZtech Group Media Ltd. Services consist of the following, without limitation:
- Membership Services; and
- Advertising Services.
YYZtech Group Media Ltd. may offer additional Services or revise any of the Services, at its discretion, and this Agreement will apply to all additional or revised Services. YYZtech Group Media Ltd. also reserves the right to cease offering any of the Services.
This Agreement is subject to change by YYZtech Group Media Ltd. in its sole discretion, at any time, with or without notice. Your continued use of this Site or the Services, after the posting of revisions to this Agreement, will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Minimum Age. You must be at least 13 years old to use the Site (or the age of majority in your jurisdiction, if it is older), and at least 18 years old to register for the Services. If you are between 13-18 years old you may register to use the Services under the authority of a parent or legal guardian who shall be responsible for all your activities on the Site.
Use of Site and Services
As a user of the Site, or a user registered to use any of the Services (a "Registered User"), you agree to the following:
- Exclusive Use. Your account is for your personal use or for that of your business entity only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or business entity. You acknowledge that YYZtech Group Media Ltd. is not responsible for third-party access to your account that results from theft or misappropriation of your user name(s) and/or password(s).
- You will only use the Services in a manner consistent with this Agreement and any and all applicable local, provincial/state, national/federal, and international laws and regulations. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
- Information Submitted. You are solely responsible for, and assume all liability regarding: (1) the information and content you contribute to the Service; (2) the information and content you create, post, transmit, publish, or otherwise make available (hereinafter referred to as "post") through the Services; and (3) your interactions with other Registered Users through the Services.
- Risk Assumption and Precautions. You assume all risk when using the Services, including, but not limited to, all of the risks associated with any on-line or off-line interactions with other individuals or business entities.
- Reporting of Violations. You will promptly report to YYZtech Group Media Ltd. any violation of the Agreement by others, including, but not limited to, Registered Users.
- Content Removal. YYZtech Group Media Ltd. reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the commercial and/or public areas of the Services. YYZtech Group Media Ltd. will have the right to remove any such information or material that in its sole opinion violates or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
Posting and Communication Restrictions. Postings on the Site, currently known as FestivalRush.com will follow the FestivalRush Corp Guidelines in addition to the Terms and Conditions of this Agreement. In addition to the foregoing, you will not post on the Services, transmit to other individuals or business entities, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred, or physical harm of any kind against any individual, group, or business entity;
- is intended to or tends to harass, annoy, threaten, or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, or otherwise objectionable;
- contains others' copyrighted content (e.g. music, movies, videos, photographs, images, digital media, art, design, written content, software, applications, etc) without first obtaining written permission from the rightful copyright owner;
- contains video, audio, photographs, or images of another person or business entity without his/her/their permission, or in the case of a minor, the minor's legal guardian;
- promotes or enables illegal or unlawful activities, such as instructions on how to: make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create ordisseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle, or deceive other users of the Services;
- contains viruses, time bombs, Trojan Horses, cancelbots, worms, spyware, malware, or other harmful, or disruptive codes, components, or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person's personal information or that of another business entity without his/her/their written permission, or collects or solicits another person's personal information or that of another business entity for commercial or unlawful purposes;
- is not business oriented, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or business entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots, or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail, or spam email;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
No False Information. You will not provide inaccurate, misleading, or false information to YYZtech Group Media Ltd. or to any other individual user or business entity. If information provided to YYZtech Group Media Ltd. or another user or business entity subsequently becomes inaccurate, misleading or false, you will promptly notify YYZtech Group Media Ltd. of such change.
No Chain Letters, Junk, or Spam Email. You may not transmit any chain letters, junk or spam email to other users or business entities. Further, you will not use any information obtained from the Services in order to contact, advertize to, solicit, or sell to any user or business entity without their/its prior, explicit, written consent.
If you breach the Terms of this subsection and send or post unsolicited bulk email, "spam", or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to YYZtech Group Media Ltd., but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay YZtech Group Media Ltd six hundred (600) Canadian dollars for each such unsolicited communication you send through the Services and agree to cease sending such unsolicited communications through YYZtech Group Media Ltd.
No Harassment of YYZtech Group Media Ltd. Employees or Agents. You will not harass, annoy, intimidate, or threaten any YYZtech Group Media Ltd. employees or agents engaged in providing any portion of the Services to you.
Ownership of Proprietary Information. You hereby acknowledge and agree that YYZtech Group Media Ltd. is the owner of highly valuable proprietary information, including without limitation, software, applications, technical platforms, technical workings, content, performance metrics, branding, business concepts, business model(s), business processes, and business intelligence. YYZtech Group Media Ltd. owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any: (1) Confidential Information; or (2) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Other Users' Information. Other Registered Users (i.e. individuals and/or business entities) may post copyrighted information which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any YYZtech Group Media Ltd. or third-party (i.e. individuals and/or business entities) proprietary information available via the Services or the Site.
License to Posted Content. By posting information in the public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to YYZtech Group Media Ltd. and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, YYZtech Group Media Ltd. may create, test, or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional Terms and Conditions of such features or programs. By your voluntary participation in such features or programs, you grant YYZtech Group Media Ltd. the rights stated in this subsection in connection with the additional Terms and Conditions (if any) of such features or programs.
Disclosure By Law. You acknowledge and agree that YYZtech Group Media Ltd. may disclose information you provide, if required to do so by law, at the request of a third party, or if YYZtech Group Media Ltd., in its sole discretion, believes that disclosure is reasonable to: (1) comply with the law, requests, or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend YYZtech Group Media Ltd.'s, or a third party's rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person or business entity is threatened.
Information may be disclosed to authorities that YYZtech Group Media Ltd., in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law-enforcement agencies, child-protection agencies, or court officials. You hereby acknowledge and agree that YYZtech Group Media Ltd. is permitted to make such disclosure.
Use of Anonymous Information for Research. By using the Services, you agree to allow YYZtech Group Media Ltd. to anonymously use the information from your experiences with the Services to help YYZtech Group Media Ltd. improve the Services and user satisfaction therewith.
Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to third-party websites, including without limitation, advertisers, which are not under the control of YYZtech Group Media Ltd. YYZtech Group Media Ltd. is not responsible for the content of any linked site, or any link contained in a linked site, or any changes or updates to such websites. YYZtech Group Media Ltd. provides these links to youâ€”the Userâ€”only as a convenience and the inclusion of any link does not imply that YYZtech Group Media Ltd. endorses or accepts any responsibility for the content on such third-party websites.
Disclaimer of Warranty
NO WARRANTIES. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YYZtech Group Media Ltd. PROVIDES THE SERVICES ON AN "AS- IS" AND "AS-AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YYZtech Group Media Ltd. DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, AND ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. YYZtech Group Media Ltd. DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by YYZtech Group Media Ltd., are those of their respective authors, and should not necessarily be relied upon. Such authors (i.e. individuals or business entities) are solely responsible for such content.
YYZtech Group Media Ltd. DOES NOT: (1) GUARANTEE THE ACCURACY, COMPLETENESS ,OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES; OR (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY (I.E. INDIVIDUAL OR BUSINESS ENTITY) OTHER THAN YYZtech Group Media Ltd. UNDER NO CIRCUMSTANCES WILL YYZtech Group Media Ltd. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY INDIVIDUAL'S OR BUSINESS ENTITY'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USER(S).
'Beta' Features. From time to time, YYZtech Group Media Ltd. may offer new 'Beta' features or tools with which its Users (i.e. individuals and/or business entities) may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at YYZtech Group Media Ltd.'s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
INCIDENTAL DAMAGES AND AGGREGATE LIABILITY. IN NO EVENT WILL YYZtech Group Media Ltd. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF, OR RELATING TO, THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF YYZtech Group Media Ltd. KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO LIABILITY FOR NON-YYZtech Group Media Ltd. ACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YYZtech Group Media Ltd. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU , YOUR BUSINESS ENTITY, OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR INTERACTIONS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Information Verification. YYZtech Group Media Ltd. and its contractors and/or service providers may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that YYZtech Group Media Ltd. and its contractors and/or service providers will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend, and hold harmless YYZtech Group Media Ltd., its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (1) your use of or inability to use the Site or Services; (2) any user postings made by you; (3) your violation of any terms of this Agreement or your violation of any rights of a third party; or (4) your violation of any applicable laws, rules, or regulations. YYZtech Group Media Ltd. reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with YYZtech Group Media Ltd. in asserting any available defenses.
Complaints / Law-Enforcement Contact
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Support link located at the bottom of any page of the FestivalRush website, or email us at [email protected].
Law-enforcement officials may send correspondence (such as subpoenas, court orders, and warrants) to YYZtech Group Media Ltd.
Communication and Privacy
Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or YYZtech Group Media Ltd. may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. YYZtech Group Media Ltd. reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to YYZtech Group Media Ltd. by you will be non-refundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under 'Cancellation' below, or by sending a Notice of Cancellation to: YYZtech Group Media Ltd., Attn: Site Administrator.
Cancellation At Any Time. You may cancel your registration or subscription to any FestivalRush Corp .Service(s) at any time during the term of such registration or subscription or any renewal period by accessing the "Account Settings" page under the "My Settings" option on your Membership home page, clicking on "Cancel My Subscription" link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid. There is no refund for any unused days of such subscription term.
In order to provide continuous service, FestivalRush automatically renews all paid subscriptions for Services twenty-four (24) hours before such subscriptions expire. Such renewals are generally for the same duration as the original subscription term (e.g. a 1-month subscription will renew on a monthly basis).
In addition, YYZtech Group Media Ltd. sometimes offers special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
You acknowledge and agree that any violation of this Agreement may cause YYZtech Group Media Ltd. irreparable harm, and therefore agree that YYZtech Group Media Ltd. will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that YYZtech Group Media Ltd. may have for a breach of this Agreement.
Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of YYZtech Group Media Ltd. to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement was last revised on 10-Nov-2014.
Copyright © 2014 YYZtech Group Media Ltd. All Rights, in all mediums, Reserved by YYZtech Group Media Ltd.