- Description of Website
- Security and Safety Guidelines
- Third Party Website
- Ownership and Restrictions on Use of Content
- Interactive Content
- Jurisdictional Issues
- Disclaimers of Warranties
- Limitation of Liability
- Representations and Warranties
The following Terms govern the Website, the Boots and Hearts Social Media Accounts, as defined below, and all content, services and products available therein. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.
Boots and Hearts reserves the right to modify these Terms at any time, with immediate effect, by posting on the Website revised Terms. Please check the Website periodically to review the Terms to learn of such updates. In addition, your use of the Website or Boots and Hearts Social Media Accounts may also be subject to additional or different terms or conditions imposed by third parties in connection with other websites, products or services that you may access therein.
Description of Website
The Website offers information about Boots and Hearts and the events it produces or is affiliated with. Boots and Hearts reserves the right, in its sole discretion, and for any reason, to modify, restrict, suspend, cancel, or discontinue any aspect of the Website, including, but not limited to, the services, content, features or availability, without notice or penalty.
Security and Safety Guidelines
Boots and Hearts uses current industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide to us and to prevent against its loss or misuse. However, despite our efforts, no website can be 100% secure. To help reduce the risk of unauthorized access or disclosure of information, users of the Website should understand generally the risks involved in using the Internet and take precautions when using it (e.g., refrain from sharing account passwords).
Third Party Website
The Website may also contain links to other websites that are not under the control of Boots and Hearts (e.g., Front Gate). It is your responsibility to review, understand and comply with the appropriate privacy policies and terms of service of such linked websites. Boots and Hearts has not reviewed, and cannot review, all of the material made available through the websites and webpages to which we link, or websites that link to us. By linking to a non-Boots and Hearts website or webpage, Boots and Hearts does not guarantee the accuracy, completeness, or usefulness of any content provided therein, nor does Boots and Hearts represent or imply that it endorses such website or webpage or any additional links. You are responsible for taking necessary precautions to protect yourself (and in the case of parent or legal guardian, your child) from harmful or destructive content or computer viruses. Boots and Hearts disclaims any responsibility for any harm resulting from your or your child’s use of any such third party website.
Ownership and Restrictions on Use of Content
Unless otherwise noted, the Website, all materials on the Website, and on Boots and Hearts Social Media Accounts, including but not limited to, text, images, illustrations, designs, photographs, songs, video clips and other materials, and the copyrights, trademarks and/or other intellectual property in such materials (collectively, the “Content”), are exclusively owned or controlled by or licensed to Boots and Hearts and/or its affiliate or subsidiary companies and are therefore protected by copyright, trademark and/or patent laws, trade secrets or other proprietary rights under Canadian law and international laws and conventions.
The Website and the Content are intended solely for your personal, informational, and non-commercial use. No right, title or interest in the Content is transferred to you and you may not reproduce (except to make a copy for personal, non-commercial use), publish, transmit, distribute, modify, create derivative works from, sell, license or exploit in any way any of the Content without the prior written consent of Boots and Hearts and/or its licensors or the respective owners. Any commercial use of the Website is strictly prohibited. Without limiting any other rights or remedies Boots and Hearts may be entitled to, Boots and Hearts may terminate your access to and use of the Website, the Boots and Hearts Social Media Accounts, or related services if you are determined to be an infringer of the rights as provided herein.
Boots and Hearts enjoys hearing from its fans and welcomes your commentary regarding its events. Boots and Hearts’ company policy, however, prohibits us from accepting unsolicited creative ideas or materials. While Boots and Hearts does value your feedback on the Website, on Boots and Hearts Social Media Accounts, products and services, we request that you do not submit any creative suggestions, ideas, songs, concepts or other similar creative content (collectively, the “UGC“) when submitting comments to us, with the exception of Interactive Content, as defined below. If despite the foregoing request, you send us UGC then by such action you have waived any and all proprietary rights which you may have in such UGC, unless otherwise agreed by Boots and Hearts.
In order to make the Website and the Boots and Hearts Social Media Accounts more interactive and enjoyable for our fans, Boots and Hearts may occasionally ask users to submit videos, photographs and/or written text (“Interactive Content”) as part of a contest, for placement on the Website, on the Boots and Hearts Social Media Accounts or to share with other users and the general public. If you submit Interactive Content to us on the Website or on the Boots and Hearts Social Media Accounts, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Interactive Content you submit, including but not limited to, the right to edit, display, distribute, and tag such Interactive Content, as well as the right to sublicense the Interactive Content to third parties, including other users, for use on other platforms. You also represent and warrant that you own any such Interactive Content you submit, display, publish or post on the Website or on the Boots and Hearts Social Media Accounts, and otherwise have the right to grant the license set forth herein, and that our use of your Interactive Content does not and will not violate the privacy rights, personality rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person.
The contributions of third parties do not necessarily represent the view or opinions of Boots and Hearts. We cannot preview Interactive Content before it is published. However, if you believe certain Interactive Content violates these Terms, please notify us at [email protected]. We will investigate your claim and may then take the actions we deem appropriate
Unless otherwise specified, the materials on the Website are presented solely for the promotion of events and other products and services available in Canada. We control and operate the Website from our offices within the Province of Ontario. We do not represent that materials on the Website are appropriate or available for use in other locations. Those who choose to access the 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.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing your use of the Website, the Boots and Hearts Social Media Accounts and/or its other products or services. Subject to applicable laws, Boots and Hearts reserves the right, in our sole discretion, to terminate the Website and/or Boots and Hearts Social Media Accounts (in whole or in part), with or without notice to you, and with immediate effect, for any reason whatsoever, including but not limited to, your failure to comply with any term or provision of these Terms, any unauthorized or illegal activity in connection with your use of the Website and/or Boots and Hearts Social Media Accounts, including but not limited to advertising or solicitation of unauthorized merchandise or ticket sales, unauthorized framing of or linking to the Website, attempting to gain access to secured portions of the Website to which you do not possess access rights, or posting or transmitting material which violates any laws or infringes in any way upon the rights of others, including without limitation copyright, trademark or other proprietary rights without the express permission of the owner, or engaging in inappropriate or abusive conduct that in Boots and Hearts’ sole discretion restricts or inhibits any other user from using or enjoying the Website.
Provisions relating to disclaimers, representation and warranties, limitation of liabilities and indemnification shall survive termination for any reason.
Disclaimers of Warranties
The Website and Boots and Hearts Social Media Accounts may contain content that contains technical inaccuracies and other errors and content that some may deem offensive, indecent, or otherwise objectionable. Boots and Hearts disclaims any responsibility for any harm resulting from the use by visitors of the Website or Boots and Hearts Social Media Accounts. The Website and the Boots and Hearts Social Media Accounts including without limitation, all Content, UGC, Interactive Content, functions, materials and services, are provided “as is”. Boots and Hearts and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, warranties regarding accuracy of information, usefulness, data processing services or uninterrupted access, merchantability, suitability, fitness for a particular purpose, title and non-infringement. Neither Boots and Hearts nor its suppliers and licensors, make any warranty (other than those warranties which are incapable of exclusion, restriction or modification under applicable law) that the Website or Boots and Hearts Social Media Accounts will be timely, secure, error free, that any defects will be corrected or that access will be continuous or uninterrupted. No oral or written information or advice given by a representative by Boots and Hearts shall create a warranty. Neither Boots and Hearts, nor its suppliers or any other party involved in the creation, production or delivery of the Website, the
Limitation of Liability
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES IN LAW OR AT EQUITY 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 WEBSITE, THE BOOTS AND HEARTS SOCIAL MEDIA ACCOUNTS AND/OR PRODUCTS OR SERVICES OFFERED BY BOOTS AND HEARTS, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, HOWEVER SUCH DAMAGES OR LOSSES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. In no event shall the Released Parties’ total liability to you for any 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 and using the Website or Boots and Hearts Social Media Accounts or Boots and Hearts’ products or services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitations or exclusions may not apply to you.
Representations and Warranties
Boots and Hearts Social Media Accounts for any inappropriate or malicious activity, including but not limited to, commercial activities or any activity that is false and misleading, is unlawful, is patently offensive to the online community or encourages harm or harassment against minors, or any group or individual, all as determined by Boots and Hearts in its sole and absolute discretion. Subject to applicable laws and without limiting any rights or remedies Boots and Hearts may be entitled to at law, Boots and Hearts reserves the right, in its sole and absolute discretion, to deny any user access to the Website (in whole or in part) or to the Boots and Hearts Social Media Accounts, without prior notice if a user engages in conduct or activities that Boots and Hearts, in its sole discretion, believes violates any part of these Terms.
You agree to defend, indemnify and hold the Released Parties harmless from any and all liabilities, losses, claims, damages, costs and expenses, including reasonable legal fees, arising from or related to your use of the Website or the Boots and Hearts Social Media Accounts and/or your breach of any representation, warranty, or other provision of the Terms. Boots and Hearts reserves the right, at its option and own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Boots and Hearts and its representatives in asserting any available defence.
If any provision of these Terms is determined to be invalid or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Any failure by Boots and Hearts to enforce or exercise any right or term under these Terms will not operate as a waiver of such right or provision.
Governing Law and Arbitration
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws rules. By choosing to access the Website from any location other than the Province of Ontario, you accept full responsibility for compliance with all applicable local and federal laws. Any dispute or claim between you and us relating to or arising out of the Website, the Boots and Hearts Social Media Accounts or these Terms (except for any disputes that qualify for Small Claims Court of Ontario) will be referred to and determined exclusively through binding confidential arbitration conducted in Toronto, Ontario, Canada. The arbitration will be held on an individual basis, before a single arbitrator and in accordance with the applicable Ontario arbitration statute. The arbitration will not be open to the public or media and all evidence discovered or submitted is confidential and may not be publicly disclosed, except as needed to enforce an arbitral award.
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