TripleWaterfall Inc (“TripleWaterfall”) maintains this site (the “Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site, but before doing so, we recommend that you read these Terms of Use.
The User must be 18 years of age or older or have the permission of a parent or guardian to use the TripleWaterfall site.
This Site contains many of the trademarks, names, titles, logos, images, designs, copyrights and other valuable proprietary materials owned by or licensed to TripleWaterfall (the “Trademarks”).
Your access to and use of the Site is subject to the following terms of use (the “Terms of Use”). TripleWaterfall may revise these Terms of Use at any time by updating this posting. If you use this site, you agree to be bound by these Terms of Use, including any changes that may be made from time to time. You should visit this page periodically to review the then current Terms of Use to which you are bound. If you do not agree to these Terms of Use, please do not use the Site.
1. You should assume that all materials, plans, text and images (collectively, the “Materials”) contained on this Site are the copyrighted property of TripleWaterfall, unless otherwise noted, or the copyrighted property of third parties. TripleWaterfall neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with TripleWaterfall.
2. You may download a single hard copy of material displayed on the Site for non-commercial, personal use only. However, you may not remove or alter any copyright, trademark or other proprietary notices contained in the Materials. You may not modify the material or distribute, publish, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including but not limited to text, images, audio and video.
3. Unauthorized use of the Materials is prohibited and constitutes a violation of TripleWaterfall’s and/or third parties’ rights, including but not limited to copyright, trademark, privacy and publicity laws.
4. While TripleWaterfall uses reasonable efforts to include accurate and up-to-date information on the Site, TripleWaterfall makes no warranties or representations as to, among other things, the accuracy, correctness or reliability of such information and is not responsible for any omissions or errors (including typographical and technical errors) in the content of the Site.
5. Information on the Site is subject to change without notice. Information on TripleWaterfall products and services applies only to Canada, unless otherwise indicated. Some products and services may not be available in certain areas. TripleWaterfall makes no representation that materials in the site are appropriate or available for use in locations other than Canada. Those who choose to access this site from other locations are responsible for compliance with local laws.
6. Use of and browsing in the Site are at the User’s own risk. Neither TripleWaterfall nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, use of or browsing in the Site or your downloading of any materials, video, audio, data, text or images from the Site, including any damages to your computer equipment or other property on account of the foregoing or any viruses that may infect your computer equipment or other property. Without limiting the foregoing, the materials on the Site are provided to you “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions regarding the exclusion of implied warranties or conditions.
7. In connection with your use of this Site, you agree to indemnify and hold TripleWaterfall, its affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, losses and expenses arising out of (a) your breach of these Terms of Use and (b) third party rights, including copyright, title and privacy rights.
8. From time to time, TripleWaterfall may ask you to e-mail us your comments regarding our products and/or services. Any communication or material you transmit or post (a) will be considered non-confidential and non-proprietary by TripleWaterfall, (b) will become the property of TripleWaterfall, which will thereafter exclusively own all right, title and interest therein, and (c) will be used without restriction by TripleWaterfall and its third party suppliers, licensors and affiliates in their sole discretion without any obligation, further compensation or liability to you. They may use such materials for any purpose, including reproduction, communication, transmission, publication, broadcast and posting, in whole or in part, in any media and otherwise on this Site or otherwise. However, TripleWaterfall is under no obligation to respond to any such communication.
9. Notwithstanding the foregoing, it is TripleWaterfall’s policy not to accept or consider ideas, suggestions or creative materials from the public (“Submissions”) and, therefore, you should not make a Submission to TripleWaterfall in any communication through the Site or otherwise. However, if you do make a Submission to us, even if we ask you not to, then the Submission immediately becomes the property of TripleWaterfall and TripleWaterfall will thereafter exclusively own all right, title and interest in and to the Submission. Furthermore, TripleWaterfall shall be free to use the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services. TripleWaterfall shall not be responsible for the use or communication of the Submission or for any similarities between the Submission and its future uses or activities.
10. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark displayed on the Site or any license or right to use any other trademark of any third party. If you misuse any trademark in violation of these Terms of Use, TripleWaterfall and/or its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
11. This Site may contain links to other sites that TripleWaterfall does not maintain or control. These hyperlinks are provided solely as a convenience to users and are not sponsored or endorsed by TripleWaterfall or otherwise connected with this site or TripleWaterfall’s products and services. TripleWaterfall has not reviewed any of the sites linked to the Site and is not responsible for the content of any off-site pages or any links to another site. Your linking to any other sites is at your own risk.
12. If TripleWaterfall authorizes, from time to time, discussions, chats, postings, transmissions, bulletin boards or the like on the Site, TripleWaterfall is under no obligation to monitor or review such information and assumes no responsibility or liability arising from the content of any such Forums nor for any error, defamation, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any such information. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. TripleWaterfall will fully cooperate with any law enforcement authorities or court order requesting or directing TripleWaterfall to disclose the identity of anyone posting any such information or materials.
13. Offers made on the Site are void where prohibited and are subject to the posting of related terms of use.
14. These Terms of Use shall be governed by and construed in accordance with the laws of Canada. If any part of these Terms of Use shall be deemed unlawful, void or unenforceable, then that part shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use constitute the entire agreement between you and TripleWaterfall with respect to the Site. You acknowledge that all other agreements between you and TripleWaterfall relating to the Site are superseded and of no force or effect.
