TERMS & CONDITIONS OF USE

Before using this site, please read the Terms and Conditions of Use set out below.

By using this site you signify your consent to the Term of Use. If you do not agree to these terms of use, please do not use this site.

This site (the “Site”) is owned and operated by big Bad Boo Studios, Inc. (“BBB”). We welcome you to browse our Site, but want you to know that your access to, and use of, the Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. BBB has the right at any time to modify or add to these Terms and Conditions, effective immediately upon notice thereof, which may be given by any means, including but not limited to posting on the Site a revised version of these Terms and Conditions. If any such change is unacceptable to you, you may discontinue your use of the Site. You agree to periodically review the Terms and Conditions to be aware of such revisions. Your use of the Site may also be subject to additional or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Site.

Restriction on Use of Materials

The Site contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from http://www.bigbadboo.ca, or any Web site owned, operated, licensed or controlled by BBB and/or by its parent, subsidiaries and affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Intellectual Property”) may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Intellectual Property which is expressly so designated, and in such event, only on any single computer for your personal, non-commercial home use only, provided you do not alter, modify or change any and all copyright, trademark and other proprietary notices. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose is a violation of BBB’s and/or one or more third party’s copyright, trademark and/or other proprietary rights. The use of any such Intellectual Property on any other Web site or networked computer environment is prohibited without BBB’s express written consent. If you download software from the Site, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by BBB. BBB does not transfer title to the Software to you. You own the medium on which the Software is recorded, but BBB retains full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Jurisdictional Issues

Unless otherwise specified, the materials in the Site are presented solely for the promotion of programs, films and other products available in Canada, its provinces, territories, possessions and protectorates, and the United States of America and its States and territories.  BBB makes no representation that materials in the Site are appropriate or available for use in locations other than the USA and Canada.  Those who choose to access this Site 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. Software from this Site is further subject to Canadian and USA export controls.

Termination

These Terms of Use and Privacy Policy (the “Agreement”) is effective until terminated by you or BBB. You may terminate this Agreement at any time by destroying all materials obtained from any and all of our sites 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 us if, in our 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 of our other sites and all copies thereof, whether made under the terms of this Agreement or otherwise.

Disclaimer

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Intellectual Property contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site. We do not warrant that the functions contained on the Site will be uninterrupted or error-free, and/or that defects will be corrected. We do 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 correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain of the disclaimers/limitation herein may be superseded by applicable local law.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY OR NON-INFRINGEMENT. You specifically acknowledge and agree that we and/or our subsidiaries and affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or the server that makes it available, or your downloading of any Intellectual Property from the Site.

Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties on this Site are those of the respective authors or distributors and are not necessarily BBB’s. Without limiting any of the foregoing limitations or disclaimers, neither we nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content provided on or through the Site.

We will have the right at any time to change or discontinue any aspect or feature of the Site, including without limitation content, hours of availability, and equipment required for access or use.

We do not warrant or make any representations of any kind or nature with respect to the Intellectual Property. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Registration

This Site and/or the Web Sites of our affiliates or subsidiaries may invite users to subscribe, submit content and or register themselves.  In such event, the registration process may involve agreeing to certain “terms and conditions”, “terms of servicer” or a form of “user agreement”.  In addition to such terms and conditions, You agree that if You sign up for any service or membership and provide Your personal data to BBB or its affiliates or subsidiaries, such data belongs exclusively to BBB and/or its affiliate.  Unless

Third Party Sites

We may provide links and pointers to Internet sites maintained by others (“Third Party Sites”). We have not necessarily reviewed all of the Third Party Sites which may be linked to the Site and are not responsible for the contents of or any products or services offered in such Third Party Sites.

Limitation of Liability

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSEES, DISTRIBUTORS, BROADCASTERS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR THE INTELLECTUAL PROPERTY CONTAINED ON THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSEES, DISTRIBUTORS, BROADCASTERS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSEES, DISTRIBUTORS, BROADCASTERS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTY’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGES ARE CAUSED BY AN INTENTIONAL ACT OF US, OUR  PARENT, SUBSIDIARIES, AFFILIATES, LICENSEES, DISTRIBUTORS, BROADCASTERS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE 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 our total liability to you, if any, for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you, if any, for accessing this Site.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF OUR SITE OR THE SERVICES TRANSMITTING OUR SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE LAWYERS’ FEES AND DISBURSEMENTS) 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 SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE 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 LAWYERS’ FEES AND DISBURSMENTS) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the Province  of British Columbia, without giving effect to any principles of conflicts of law. By accessing the Site, you irrevocably attorn to the jurisdiction of the courts of the Province of British Columbia. 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 shall not be modified except in writing, signed by both parties.

 

IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE. USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE.