Terms of Use
By using this site, you signify your assent to these terms. If you do not agree to these terms, please do not use the site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by the Fernie Skating Club (referred to as "we," "us" or "our" herein). You may include a text-based link ( and an image or graphic approved by "us" ) to any portion of The Fernie Skating Club on your Home page or Web Site. If you would like to use a logo or graphics-based link, please contact for more information.
No material from The Fernie Skating Club's Web Site owned, operated, licensed or controlled by "us" may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of "our" copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to their Owners.
SUBMISSIONS
The Fernie Skating Club is pleased to hear from its visitors and welcomes your comments regarding "our" Website. Unfortunately, however, The Fernie Skating Club's policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed for the Fernie Skating Club. Accordingly, we must, regretfully, ask that you do not send us any original creative materials, such as stories or character ideas, or artwork, unless we have requested you to do so. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any published creative ideas, suggestions or materials.
Notwithstanding the above, The Fernie Skating Club does encourage its users to submit materials and information in certain portions of the site. For further information related to such submissions, please read the instructions and agreement contained therein and the "Representations and Warranties; Indemnification" section below.
If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of The Fernie Skating Club. None of the Information shall be subject to any obligation of confidence on the part of The Fernie Skating Club, and The Fernie Skating Club shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, The Fernie Skating Club shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
You represent and warrant to The Fernie Skating Club that you will fully comply with these Terms of Use. If you choose to post material to any portion of Fernieskatingclub.com or to submit any Information to The Fernie Skating Club, you further represent and warrant to The Fernie Skating Club that such materials are not subject to any copyright, proprietary or intellectual property rights, or that you have obtained express authorization from the holder of such rights to distribute such materials on Fernieskatingclub.com. By posting materials to any portion of Fernieskatingclub.com, you automatically grant (or warrant that the owner of such rights has expressly granted) The Fernie Skating Club a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from and distribute such materials or incorporate such materials into any form, media or technology now known or later developed throughout the universe. In addition, you warrant that all "droit moral" rights in any such materials have been waived.
You hereby indemnify, defend and hold The Fernie Skating Club, and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall use your best efforts to cooperate with The Fernie Skating Club in the defense of any claim. The Fernie Skating Club reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
TERMINATION
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of The Fernie Skating Club site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from The Fernie Skating Club if in The Fernie Skating Club's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other of The Fernie Skating Club site(s), and all copies thereof, whether made under the terms of this agreement or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE FERNIE SKATING CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FERNIE SKATING CLUB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FERNIE SKATING CLUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR AGE APPROPRIATENESS, POSSIBLE INGREDIENT, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT THE FERNIE SKATINBG CLUB) ASSUME THE ENTIRE COST OF ALL NECESSARY EXPENSES INCLUDING MEDICAL, SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE Fernieskatingclub.com SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT THE FERNIE SKATING CLUB HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall The Fernie Skating Club and Fernieskatingclub.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site or any other site, even if The Fernie Skating Club or a Fernie Skating Club-authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall The Fernie Skating Club's total liability to you for all damages, losses and causes of action (whether in contract, tort--including, but not limited to--negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
OTHER
This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia in Canada, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and may be modified at any time, by The Fernie Skating Club. |
|
