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Terms
of Use
Use
of www.finalbash.com (the “Website”)
By
accessing the Website, you (the “User”) warrant and represent that you are
legally entitled to do so and to make use of information made available via the
Website.
By
using this Website you consent to the collection and
use of your information as described in this policy and the separate and distinct
Privacy Policy on the Website. The terms
of these Terms of Use and the Privacy Policy may be modified at Final Bash Inc.’s
sole discretion, without any obligation to notify you. Any changes to the
policies will be posted to our Website – it is your
responsibility to check our Website for changes to our Terms of Use or Privacy
Policy. Users that do not want to accept our Terms of Use or Privacy Policy
should not use this Website.
The
Website contains copyrighted, trademarked and otherwise owned or licensed
intellectual property (“Content”). Content includes images, illustrations,
infographics, designs, icons, photographs, trademarks, logos, text, software,
sounds, music, the website as a whole and any other materials on the website.
No
Content may be downloaded except for personal, non-commercial use. All other
uses are prohibited. Downloaded content must at all times
include the copyright and other proprietary notices. No right, title or
interest in any Content is transferred by virtue of the Content being
downloaded or copied. It is strictly prohibited to download or export software
or technical data from this site to a jurisdiction in violation of Canadian
export laws.
Use of the Website at Your Own Risk
Your
access to, and use of the Website is at your own risk. Under no circumstances
will Final Bash Inc., its employees, contractors, affiliates, partners, participants,
or related third party be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or any loss or damage of
any kind incurred of or by the use of any Content
transmitted or otherwise made available via or through the Website. You agree
that Final Bash Inc. has no responsibility or liability for the deletion of, or
the failure to store or to transmit, any Content and other communications
maintained by or available on the Website.
Third
Party Content and Resources
The Website may contain Content and Resources
provided by third party services and resources (“Third Party Services”). You
acknowledge and agree that Final
Bash Inc. is not responsible or liable
for: (i) the availability or accuracy of such Third
Party Services; (ii) the content, products, services,
or information available on or through such Third Party Services. The
availability of such Third Party Services does not
imply any endorsement by Final Bash Inc. of such Third Party Service or the content, products, services, or
information available therefrom. You acknowledge sole responsibility for and
assume all risk arising from your use or reliance of any Third
Party Services.
External
links
External
links are provided for your convenience, but they are beyond the control of the
Website and no representation is made as to their content. Use or reliance on
any external links and the content thereon provided is at your own risk.
Modification
and Termination
The Website may be modified or improved from time
to time. Functionalities and Features
may be added or removed and the Website may be
suspended, disabled or deleted altogether.
Warranties
Final
Bash Inc. or Website makes no warranties, representations, statements or
guarantees (whether express, implied in law or residual) regarding the
availability or stability of the Website.
Disclaimer
of liability
Final
Bash Inc., its employees, contractors, affiliates, partners, participants, or
related third party shall not be responsible for and disclaims all liability
for any loss, liability, damage (whether direct, indirect or consequential),
personal injury or expense of any nature whatsoever which may be suffered by
you or any third party (including your company), as a result of or which may be
attributable, directly or indirectly, to your access and use of the Website,
any information contained on the website, your personal information or material
and information transmitted over our system.
Indemnity
You
agree to indemnify and hold Final Bash Inc., its employees, agents, successors,
affiliates, heirs and assigns, harmless from any
demands, loss, liability, claims or expenses made against Final Bash Inc. by
any third party due to or arising out of or in connection with your use of the
Website.
Conflict
of terms
If
there is a conflict or contradiction between the provisions of these website
terms and conditions and any other relevant terms and conditions, policies or
notices, the other relevant terms and conditions, policies or notices which
relate specifically to a particular section or module of the Website shall
prevail in respect of your use of the relevant section or module of the Website.
Severability
Any
provision of any relevant terms and conditions, policies
and notices, which is or becomes unenforceable in any jurisdiction, whether due
to being void, invalid, illegal, unlawful or for any reason whatever, shall, in
such jurisdiction only and only to the extent that it is so unenforceable, be
treated as void and the remaining provisions of any relevant terms and
conditions, policies and notices shall remain in full force and effect.
Applicable
laws (choice of venue and forum)—Use
of this website shall in all respects be governed by the laws of Alberta,
Canada, regardless of the laws that might be applicable under principles of
conflicts of law. The parties agree that the Alberta courts shall have
exclusive jurisdiction over all controversies arising under this agreement and
agree that venue is proper in those courts.
About
these Terms
We may modify these terms or any additional terms
that apply to the Website or other Services available through the Website. This may be, for example, to reflect changes in
the law or changes to the Website, services provided and information existing
on the Website. You should review the
terms regularly. We’ll post notice of
modifications to these terms on this page. Changes will not apply
retroactively and will
become immediately upon being posted. If you do not agree to the modified
terms, you should discontinue your use of the Website.
If there is a conflict between these terms and the
additional terms, the additional terms will control for that conflict.
These terms control the relationship between the
Website, Final Bash
Inc. and you, the User. They do not
create rights for any third party or other beneficiary.