Terms and Conditions
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Canvas Group
LLC ("Company", “we”, “us”, or “our”), concerning your access to and use
of the http://www.blacklighttickets.com website as well as any other media
form, media channel, mobile website or mobile application related, linked,
or otherwise connected thereto (collectively, the “Site”). We are registered
in Missouri, United States and have our registered office at 150 Venue Ln,
New Haven, MO 63068. You agree that by accessing the Site, you have
read, understood, and agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We
will alert you about any changes by updating the “Last updated” date of
these Terms of Use, and you waive any right to receive specific notice of
each such change. Please ensure that you check the applicable Terms
every time you use our Site so that you understand which Terms apply.
You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would besubjected to such laws, you may not use this Site. You may not use the
Site in a way that would violate the Gramm- Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content
and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal
capacity and you agree to comply with these Terms of Use; (2) you are not
a minor in the jurisdiction in which you reside; (3) you will not access the
Site through automated or non-human means, whether through a bot, script
or otherwise; (4) you will not use the Site for any illegal or unauthorized
purpose; and (5) your use of the Site will not violate any applicable law or
regulation.If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).
4. PRODUCTS
All products are subject to availability. We reserve the right to discontinue
any products at any time for any reason. Prices for all products are subject
to change.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express - Discover
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Site. You further agree
to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. Sales tax will
be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may,
in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right
to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.6. REFUNDS POLICY
All sales are final and no refund will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically endorsed
or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Site and/or the Content
contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or
harm another person.
Make improper use of our support services or submit false reports of abuse
or misconduct.
Use the Site in a manner inconsistent with any applicable laws or
regulations. Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of
another user.
Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making
up a part of the Site.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Site, or using or launching any unauthorized script or
other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material(collectively, "Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions, you
thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site,
and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third
party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physicalhandicap.
Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and the
Marketplace Offerings.
9. CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree
that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.
10. MOBILE APPLICATION LICENSE Use License
If you access the Marketplace Offerings via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless electronic devices owned
or controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this mobile
application license contained in these Terms of Use. You shall not: (1)
except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3)violate any applicable laws, rules, or regulations in connection with your
access or use of the application; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the application; (5) use the application for any
revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over
a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the application for creating a
product, service, or software that is, directly or indirectly, competitive with
or in any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-
mail; or (9) use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices for use
with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from
either the Apple Store or Google Play (each an “App Distributor”) to access
the Marketplace Offerings: (1) the license granted to you for our mobile
application is limited to a non- transferable license to use the application on
a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile
application as specified in the terms and conditions of this mobile
application license contained in these Terms of Use or as otherwise
required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application; (3) in the event of
any failure of the mobile application to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government
as a “terrorist supporting” country and (ii) you are not listed on any U.S.government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App Distributors
are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary
thereof.
11. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site or the Marketplace
Offerings ("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the right
to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
12. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site
or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Site ina manner designed to protect our rights and property and to facilitate the
proper functioning of the Site and the Marketplace Offerings.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: __________. By using the Site or the Marketplace Offerings, you
agree to be bound by our Privacy Policy, which is incorporated into these
Terms of Use. Please be advised the Site and the Marketplace Offerings
are hosted in the United States. If you access the Site or the Marketplace
Offerings from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data to the United
States, and you expressly consent to have your data transferred to and
processed in the United States.
14. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS
OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Marketplace
Offerings without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of
the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or the
Marketplace Offerings during any downtime or discontinuance of the Site or
the Marketplace Offerings. Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site or the Marketplace Offerings
or to supply any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace
Offerings are governed by and construed in accordance with the laws of
the State of Missouri applicable to agreements made and to be entirely
performed within the State of Missouri, without regard to its conflict of law
principles.
17. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us
(collectively, the "Parties" and individually, a "Party") shall be commenced
or prosecuted in the state and federal courts located in Franklin County,
Missouri, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts. Application of the UnitedNations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act (UCITA) are excluded
from these Terms of Use. In no event shall any claim, action, or proceeding
brought by either Party related in any way to the Site be commenced more
than one (1) years after the cause of action arose.
18. CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace Offerings,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time, without prior
notice.
19. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANYKIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN US STATE
LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, ordemand, including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) use of the Site; (2) breach of these
Terms of Use; (3) any breach of your representations and warranties set
forth in these Terms of Use; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt
harmful act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use
of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any activity
you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
23. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other than
electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on
the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Use and
does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use or use of the
Site. You agree that these Terms of Use will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
26. CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Canvas Group LLC 150 Venue Ln
New Haven, MO 63068 United States - Phone: 3146143314