User Agreement
We wouldn't be in the music biz if there wasn't fine print
By accessing this website, you are agreeing to be bound by the Agreement and all applicable laws and regulations. Furthermore, by accessing this website, you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this website or Access our Services. Any claim relating to this website shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflict of law provisions. The materials contained in this website are protected by applicable copyright and trademark law.
You must read, agree to, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy which include those terms and conditions expressly set out below and those incorporated by reference, before you may subscribe to the Services offered by us.
We may amend this Agreement at any time without notice to you by posting the amended terms on this website. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on this website.
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Definition of Terms
1.1 "Access" refers to the entitlement of a user to access 76fanclubs website.
1.2 "Agreement" refers to this user agreement.
1.3 "Band" shall mean the band for which you have subscribed to a membership.
1.4 "Cookie" and "Cookies" refer to useful information, such as an e mail address or a password, which is stored on your hard drive that enables your computer to "remember" some useful items when you return to a website.
1.5 "Documents" refers to any text, form or template provided by 76fanclubs whether electronically transferred or in printable form.
1.6 "Marks" refers to any trademarks, logos and service marks.
1.7 "Members' Forum" refers to an area of the 76fanclubs website that allows feedback to 76fanclubs and users.
1.8 "Personal Information" refers to any information you provide to 76fanclubs or other users in the registration process, in any public message area, or through any electronic mail feature. You are solely responsible for your personal information.
1.9 "Privacy Policy" refers to the privacy policy incorporated into the user Agreement and provides additional terms and conditions related to specific services offered on 76fanclubs' website.
1.10 "Services" refers to the services to be provided by 76fanclubs.
1.11 "Trial Period" means the period that is ninety (90) days from and including the date that you accept the terms and conditions of this Agreement and means the period that does not have any service fee.
1.12 "we", "us" and "our" refer to Thornley Fallis Group.
1.13 "Website" refers to 76fanclubs at www.76fanclubs.com.
1.14 "you" and "your" refer to any user of 76fanclubs' services or 76fanclubs' website.
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Membership Eligibility
Our Services are available only to, and may be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to individuals under the age of 18. If you are under the age of 18, you may use this website only in conjunction with, and under the supervision of your parent or guardian. If you do not qualify, please do not use this website. Furthermore, your account and user identification may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
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Fees and Services
You will have an opportunity to review and accept the fees that you will be charged after your initial Trial Period. We may change the fees for our Services from time to time. We may, in our sole discretion, change some or all of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees quoted are in Canadian dollars. You are responsible for paying all fees associated with using our Services and all applicable taxes.
Certain taxes and government charges may be payable in relation to the purchase transaction. We accept no responsibility for such taxes and other government charges relating to transactions on this website.
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Access and Interference
You agree that you will not use an automated means to Access this website for any purpose without our express written permission. Additionally, you agree that you will not:
4.1 take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
4.2 copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this website without our prior expressed written permission and the prior expressed written permission of the Band and the prior written permission of an appropriate third party if applicable;
4.3 interfere or attempt to interfere with the proper working of this website or any activities conducted on this website; or
4.4 bypass any measures we may use to prevent or restrict Access to this website.
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Cookies
Your Access may be controlled by the use of Cookies that are installed on your computer when you first Access this website. If you do not have Cookies enabled on your computer, you may not be able to access this website.
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Speed and Continuity of Access
We do our best to make sure you have continuous and quick Access to this website. However, we cannot guarantee that you will not encounter service interruptions or brief delays in accessing the website. In addition, the speed of your Access to this website depends heavily on the speed of the Internet connection you use, which we cannot control.
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Breach
Without limiting other remedies, we may limit your activity, temporarily suspend, indefinitely suspend, or terminate your membership and refuse to provide our Services to you:
7.1 if you breach this Agreement or the documents it incorporates through reference;
7.2 if we are unable to verify or authenticate any Personal Information or any other information you provide to us; or
7.3 if we believe that your actions may cause financial loss or legal liability for you or us.
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Privacy
We do not sell or rent or otherwise provide your Personal Information to third parties for their marketing purposes without your explicit consent and we only use your Personal Information as described in the Privacy Policy. Our current Privacy Policy is available on this website for your review. If you object to your Personal Information being transferred or used in this way, please do not use this website or our Services.
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Exclusion of Warranties
THE MATERIALS ON OUR WEBSITE ARE PROVIDED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AND WE DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
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Limitation of Liability
WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND/OR ASSIGNS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER BASED IN CONTRACT OR IN TORT OR OTHER LIABILITY TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY. THIS LIMITATION APPLIES WHETHER OR NOT WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR DAMAGES UNDER OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS, WHETHER FOR A SINGLE OCCURRENCE OR SERIES OF OCCURRENCES, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US PURSUANT TO THESE TERMS AND CONDITIONS. The limitation on monetary damages will not apply to claims relating to death or personal injury, which arise out of products deemed to be consumer goods under applicable law. Your sole and exclusive remedy is to discontinue using and accessing this website. To the extent the jurisdiction to which you are subject does not allow certain other limitations, such limitations which are not permitted do not apply.
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Indemnity
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, directors, agents, employees, and assigns harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents this Agreement incorporates by reference, or your violation of any law or the rights of a third party.
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Ownership and Confidentiality
Materials on this website, including but not limited to text, images, illustrations, software, audioclips and videoclips, is owned or otherwise provided by us, and we do not represent or warrant that such material does not infringe the rights of any other person or entity. You acknowledge that information, or material which you provide electronically through your Access to or usage of this website is not confidential or proprietary and acknowledge that unprotected email communication over the Internet is subject to possible interception, alteration or loss. You also acknowledge that any information or materials which you provide electronically through your Access to or usage of this website does not infringe the rights of any person or entity, and may be used in whole or in part in any matter by us including, but not limited to, reproduction, retransmission, publication of such information or material or ideas, concepts or other know-how contained therein our commercial purposes or disclosure of your identity. Marks displayed on this website are our registered or unregistered Marks or are the registered or unregistered Marks of others, and are the property of their respective owners, and may not be used without prior written permission of the applicable owner of such Marks. Any information or material contained on this website which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or material.
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Monitoring
We may monitor Access to, discussion and posting on and other activities relating to this website, and we may intervene in relation thereto but do not make any representation or warranty that we will do so. You consent to any such monitoring and intervention in the event that we elect to do so.
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Links
Links and references to other websites are provided to you as a convenience only. We have not reviewed and do not expressly or impliedly endorse other websites or any information or material, or the accessibility thereof, via such links, and we do not assume any liabilities arising from the use of any products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by us.
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Software
Any software available for downloading through this website is provided by third party software vendors pursuant to a license agreement or other arrangements between such vendors and end-users. We do not sell, resell, license, or sub-license any such software, and we disclaim any responsibility or liability related to the software. Any questions, complaints or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through this website. In the event of any express inconsistency between the terms of this Agreement and those contained in any license agreement with a software vendor, the terms contained in the license agreement shall prevail.
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Accuracy of Information
The materials appearing on this website could include technical, typographical or photographic errors. We do not warrant that any of the materials on this website are accurate, complete or current. We may make changes to the materials contained on this website at any time without prior notice. We do not, however, make any commitment to update the materials.
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Viruses etc.
We do not represent or warrant that the information or materials, including without limitation any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
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Damage to Others
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to knowingly or otherwise include any error or defect in material or information which may, among other things, be a
libel, slander, obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
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Reserve of Rights
All rights not expressly granted in these terms are reserved to us. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under copyright, patent, trademark or other intellectual right of us or any other person or entity.
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Copyright
All material on this website is protected by copyright. You may print one copy of any material on this website for your personal use. Other than the templates, you may not print more copies. Other than the templates, you may not save any files to your computer or store files in any other form.
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Governing Law
This site is controlled and operated by us from Ottawa, Ontario, and these terms shall be governed by the laws of Ontario and the applicable laws of Canada, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of Ontario in connection with the interpretation or application of these terms.
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Changes to Terms
We may modify, alter or otherwise update the terms applicable to this website from time to time without notice, and you agree to be bound by such terms as are in effect at the applicable time at which you Access this website.
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Technical Functioning
We cannot be responsible for any aspect of the website that does not function properly on your computer.
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Survival
The terms and conditions of this Agreement apply while you are accessing this website and remain in effect thereafter. In the event that this website is no longer accessible to you, the provisions as set out in sections 9, 10, and 11 of this Agreement shall survive thereafter.
