We will not sell, rent or otherwise make available to outside organizations any information provided to us. You may receive communications from the artists/companies you purchase from on this site. Additionally, if you join a fan club or subscribe to any other services provided by this site you may be sent subscription related emails. In this case you will always be provided with the opportunity to permanently opt out of mailings.
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES OR MATERIAL CONTAINED IN THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PLEASE LEAVE THIS SITE IMMEDIATELY AND DISCARD OF ANY ASSOCIATED PAGES OR MATERIAL WHICH YOU MAY HAVE STORED.
1. USING THE SITE
A. Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. We may terminate your permission to use the Site for any conduct that we consider to be inappropriate, or for your breach of these Terms, including the Restrictions listed in paragraph 3. Your use of the Site is at your own risk, including the risk of exposure to content that supports evolution, vitality and expansion.
B. Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to Kupid’s Play.
C. User Accounts: You may need to register to use part of the Site. We may reject or require that you change any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.
A. Responsibility for Your Content: You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless Kupid’s Play and its Agents with respect to any claim based upon the transmission or content of your message(s) and/or posting(s), as further set out under paragraph 4 below. We reserve the right to remove any messages for any or no reason whatsoever.
B. Kupid’s Play’s Right to Use Your Content: By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Site, you are granting Kupid’s Play a royalty-free, perpetual, exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction
C. Ownership: All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software (“Material”) is owned by, controlled by, or licensed to Kupid’s Play and is protected by copyright, trademark, and other intellectual property rights. Material on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Kupid’s Play in each instance. You may download Material intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site). We do not review every message or confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Kupid’s Play, its labels, or any person or entity associated with Kupid’s Play. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
i. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
ii. Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
iii. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
iv. Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without Kupid’s Play’s prior written consent;
v. Solicit, request or collect personal information for commercial or unlawful purposes;
vi. Solicit personal information from minors;
vii. Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
viii. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
ix. Impersonate any other individual or entity.
B. You also agree not to, and will not assist, encourage, or enable others to:
i. Restrict or inhibit any other user from using and enjoying the Site (for example, by means of hacking or defacement);
ii. Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
iii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any Material printed or copied from the Site;
iv. Record, process or mine information about other users;
v. Reformat or frame any portion of the Site;
vi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Kupid’s Play’s technology infrastructure or otherwise make excessive traffic demands of the Site;
vii. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
viii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
ix. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or
x. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site.
We will not sell, rent or otherwise make available to outside organizations any information provided to us. You may receive communications from the artists/companies you purchase from on this site. Additionally if you join a fan club or subscribe to any other services provided by this site you may be sent subscription related emails. In this case you will always be provided with the opportunity to permanently opt-out of mailings.
You agree to indemnify, defend and hold harmless Kupid’s Play and its agents, licensors, and from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Kupid’s Play reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of Kupid’s Play and its Agents. Each of these subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
A. The site is made available to you on an “as is”, “with all faults” and “as available” basis. Your use of the site is at your own discretion and risk. Kupid’s Play makes no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, Kupid’s Play is not liable to you for any loss or damage that might arise from your use of the site.
B. Kupid’s Play expressly disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the site.
C. Kupid’s Play and its Agents are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the site or any third party site. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services and/or any third party site shall be your termination and discontinuation of access to, or use of the site.
D. Kupid’s Play does not warrant that the functions contained on the site will be uninterrupted or error-free, that defects will be corrected, or that the site or any third party site, or the servers that make them available, are or will be free of viruses or other harmful components.
E. Kupid’s Play does not warrant or make any representations regarding the use or the results of the use of the material on the site or any third party site.
F. Kupid’s Play makes no representations or warranties regarding how often the material or information posted on the site will be updated (if at all) or the number or identification of the recording artists or other individuals (if any) that will be featured on the site.
6. VOID WHERE PROHIBITED
Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. Kupid’s Play reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
7. MAKING PURCHASES
If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Kupid’s Play will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. Kupid’s Play does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
8. TICKET SALES
A. Prohibited Purchases & Sales. We reserve the right to block access to or cancel a ticket order of any user that we believe, in our sole and absolute discretion: (i) is or is associated with any ticket broker or scalper, (ii) is utilizing automated means to process or place ticket orders, or (iii) whose ticket order exceeds the stated limit.
B. Ticket Sales are Final/Cancelled Events. All ticket sales are final. There can be no exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. Cancelled and postponed events will, at our sole discretion, be rescheduled or refunded. Event dates, times, venues and subject matter, which are listed on the ticket, are subject to change. It is up to you to verify the most recent changes. Tickets may be substituted with comparable or better seat locations. Actual seat and row numbers may vary from those purchased on the Site. We reserve the right to determine what constitutes a “comparable” or “better” ticket for substitution purposes.
9. CHOICE OF LAW AND VENUE
These Terms shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the Provincial courts sitting in the City of Toronto in the Province of Ontario, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
10. GENERAL TERMS
A. In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
B. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
C. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
D. Any failure by Kupid’s Play to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. The section titles in the Terms are for convenience only and have no legal or contractual effect.