TERMS AND CONDITIONS
Welcome to the Chiefs and Champions Website (the “Website”) owned and operated by Tribute II Productions Inc. Please carefully read the following Terms and Conditions and the Privacy Policy before using this Website and/or submitting any personal information that could identify you (including but not limited to name, address, telephone number and email address).
By using this Website, you are deemed to have agreed to these Terms and Conditions of use. We reserve the right to modify these Terms and Conditions at any time, so please check periodically for changes. By using the Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use the Website.
By attempting to use the Website, you certify that you are at least 13 years of age. If you are a minor, have your parent or guardian review and discuss these Terms and Conditions with you. If you are a parent or guardian of a minor, who has authorized a minor to use and/or participate on the Website, you agree that you will exercise control over such minor’s access to and use of the Website and you will be fully responsible for the consequences of any misuse of the Website by such Minor.
SCOPE OF TERMS AND CONDITIONS
These Terms and Conditions apply to your use of the Website owned by Tribute II Productions Inc. (collectively "we," "us," or "our"). These Terms and Conditions do not apply to your use of unaffiliated sites to which this Website only links.
COPYRIGHT AND TRADEMARKS
The elements and contents of our Website, including but not limited to software, audio clips, video clips, logos, designs, text, graphics, images, and photographs are protected by international copyright and trademark laws, and are our property or the property of our licensors or the respective accredited parties or providers. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to international proprietary laws. You may not modify, copy, publish, reproduce, display, transmit, adapt, perform, create derivative works from, or in any way exploit the content of the Website.
We respect the intellectual property rights of others and request that you do the same. In appropriate circumstances, we will terminate the registration or block any user who engages in any activity that may infringe on the intellectual property rights of others, including copyrights. Further, you are solely responsible for the content of any transmissions using the Website and agree not to upload, post or otherwise make available on the Website any material protected by a proprietary right of a third party without first obtaining the express permission of the owner of such proprietary right. You shall be solely liable for any damages, losses, costs or expenses (including reasonable attorneys’ fees) arising out of infringement of proprietary rights or any other harm arising from the uploading, posting or other submission materials by you. Unless we say otherwise, you may access the materials located within the Website for your personal use only.
DISCLAIMER
The Website and all materials on the Website are provided “As Is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose of the Website or any materials including, without limitation, any information, data, software, product or service.
Neither we, nor any of our respective licensors or suppliers warrant that any functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, that communications to or from the Website will be secure or not intercepted or that the Website or the server that makes them available are free of viruses or other harmful components.
In the event you transmit, introduce, or otherwise cause any technical disruption of our Website or the services transmitting our Website to you, you agree to be responsible for any and all liabilities and costs (including reasonable attorneys’ fees) arising from any and all claims brought by third parties based upon such technical disruptions. For purposes of this agreement, “technical disruption” means distribution of unsolicited advertising or chain letters, propagation of computer worms, viruses or other harmful code, and/or using the Website to make unauthorized entry to any other machine accessible via the Website.
Neither we, nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. You specifically acknowledge and agree that we and our licensors and suppliers are not liable for any defamatory, offensive or illegal conduct of any user of the Website.
USE OF SERVICES
The Chiefs and Champions Website may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal Blogs, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are relevant, proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
• publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes
• upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same
• use any material or information, including images or photographs, which is made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party
• upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Use of meta tag searches on the web sites.
• advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
• download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
• restrict or inhibit any other user from using and enjoying the Communication Services
• violate any code of conduct or other guidelines which may be applicable for any particular Communication Service
• harvest or otherwise collect information about others, including e-mail addresses
• violate any applicable laws or regulations
• create a false identity for the purpose of misleading others
• use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a website or other user or usage information or any portion thereof.
The Website has no obligation to monitor the Communication Services. However, the Website reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Website reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Website reserves the right at all times to disclose any information as the Website deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the Website's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service.
The Website does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Website specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Chiefs and Champions Website spokespersons, and their views do not necessarily reflect those of the Website.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our licensors, our subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, advertisers, operational service providers 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 these Terms and Conditions by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, without limitation, terminating the registration of any forum or chat room user or blocking from the use of the Website any user who engages in any inappropriate or unlawful activity, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. We have the right to seek all remedies available at law and in equity for violations of these Terms of Use.
JURISDICTIONAL ISSUES
This Website is owned and controlled by Tribute II Productions Inc. a company incorporated under the laws of the province of British Columbia and whose head office is located in the city of Delta. Neither Tribute II Productions Inc. nor its affiliated or related entities make any representation, express or implied, that this Website will be available for use in or comply with the law of any country other than Canada. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
PRIVACY POLICY
Tribute II Productions Inc. is committed to respecting the privacy concerns of visitors to www.chiefsandchampions.ca (“the Website”). Tribute II Productions Inc. has created this privacy policy (the “Policy”) to establish guidelines that will govern the collection, use, protection and disclosure of the personal and non-personal information of its visitors.
• The Website does not rent, sell or share personal information about you with other people or companies
• You can edit/change your user name and password at any time
• Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
Tribute II Productions Inc. may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified by you or by placing a prominent notice on our site.
If you have any questions, please complete a feedback form with the subject line “Privacy Policy”.
LINKS TO THIRD PARTY SITES
Certain links on the Chiefs and Champions Website may take you to other websites. Please note that these Terms and Conditions apply only to the Chiefs and Champions Website, and not to the sites of any other companies or organizations, including those to which this Website may link. Tribute II Productions Inc. is not responsible for the content of any such linked sites or any other web page which is not part of a Chiefs and Champions Website and under Tribute II Productions Inc.'s control. Unless otherwise expressly provided, Tribute II Productions Inc. makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Tribute II Productions Inc. will not be responsible for and assume no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the linked site. Under no circumstances will we be held responsible or liable, directly or indirectly for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
We reserve the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Website, at our discretion at any time.
MISCELLANEOUS TERMS
These Terms and Conditions, together with our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference (collectively, “Agreement”), contain the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Website and your use of the Website. This Agreement shall be construed and governed in accordance with the laws of the Province of British Columbia. The venue for any action arising out of and permitted by this Agreement shall be Delta, British Columbia, Canada and by using the Website you submit to the exclusive jurisdiction of the courts of the Province of British Columbia. Our failure to insist upon or enforce strict performance of any right or provision of this Agreement shall not constitute or be construed as a waiver of any right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
UNSOLICITED SUBMISSIONS
We welcome your comments about the Website. However, the Website has not set up a specific submissions policy and therefore we will not review or consider any unsolicited creative submissions. If, despite our request, you still want to send us any creative idea, suggestion or material, please review our submission policy prior to submission
http://www.brbmg.com/ent/submissionForm.html
© 2006 Tribute II Productions Inc.