Terms Of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES. BY USING OR ACCESSING THIS WEBSITE AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY ON THE SITE, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS AS DESCRIBED BELOW. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN PLEASE DO NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES.
01. DEFINITIONS
In these Terms Of Use:
"Disputes" has the meaning prescribed under Section 15.
"Distribute" means to incorporate, run, submit, use, display, copy, upload, post, reproduce, embed, communicate, publish, distribute, create derivative works of, adapt, translate, perform, transmit, arrange, modify, export, merge, transfer, share, outsource and/or make available.
“Documents” means the documents available for purchase or download on the Site.
"Includes" and "Including" means including without limiting the generality of the foregoing.
"Licence" has the meaning prescribed under Section 08.
"Marks" means Rodeo Road Studios Ltd., names and logos, and any other trademarks, trade dress, designs, trade names, domain names and logos appearing on or in connection with the Service and further prescribed under Section 07.
"Operator" means Rodeo Road Studios Ltd., including each of its affiliates, subsidiaries, shareholders, officers, directors, agents, users, representatives, contractors, suppliers, customers, licensors, licensees, partners, affiliates and employees. From time to time, the Operator is referred to in these Terms of Use as “we” or “us”.
"Person" includes natural persons, individuals, and any type of incorporated or unincorporated entity.
“Service” means any online services offered by the Operator on the Site, including but not limited to information in relation to the Operator’s Branding, Production, Advertising, Special Events and Marketing Products and Services, and Customer Inquiry Services.
"Site" means this website, having the URL www.rodeoroadstudios.ca, as well as any related Apps. [Applications] made available by the Operator on the Site and in any App. stores for use on mobile devices, tablets, personal computers and other devices and subdomains and subsidiary sites, and all of the related web pages relating thereto, including, but not limited to, content (other than the User Content), user interfaces, design documents, test plans and scripts, visual interfaces, applications and software (whether in source, object or executable code), information, photographs, images, ideas, modifications, improvements, processes, illustrations, audio clips, training videos, videos, video clips, data, research results, code, designs, drawings, reports, studies, manuals, pictures, graphs, graphics, text, files, icons, user accounts, titles, themes, programs, specifications, packaging, media, literary and/or artistic works, musical and/or dramatic works, objects, techniques, screen display, audio visual display or presentation, algorithms, new and useful art, databases, dialogue, locations, concepts, artwork, animations, sounds, musical compositions, compilations, audio-visual effects, methods of operation, moral rights, look and feel, company names, business names, domain names, multi-media, keywords, the Marks, Trademarks, goodwill, trade dress, logos and trade names, or other materials uploaded, downloaded and/or contained in or electronically Distributed on the Site or the Service, including the manner in which the said content and information is presented or appears, together with all intellectual property rights therein.
"Terms of Use" means these Terms of Use, including the Privacy Policy on the Site and other policies, operating rules and procedures referenced herein and/or available by Hyperlink in these Terms of Use, and any additional Terms, Conditions or future modifications as described herein.
"Use" or "Uses" includes accessing, registering, viewing, reading, copying [whether in whole or in part], Distributing User Content, and purchasing.
"User" means a person who uses and accesses the Site and the Products and Services in any manner, including merely accessing or viewing the Site, and includes a visitor, customer, contributors of User Content, or browser. Such a person is referred to in these Terms of Use as "User" or "You”.
“User Content” means any and all content, material and information Distributed by users via the Site, including any and all material and information about you and/or your image, your location, information in text, maps, videos, audio, images, articles, publications, data, photographs, illustrations, artwork, questions, suggestions, information, inquiries, testimonials, feedback, reviews, emails, ideas, drawings, comments, opinions, concepts, designs, music, sound, software, product names, company names, trademarks, logos and trade names, including any intellectual property rights relating thereto.
02. YOUR ACCEPTANCE OF THESE TERMS OF USE
Welcome to the Site and online Service of the Operator. This is a Legal Agreement between you and the Operator. These Terms of Use govern your use of the Site and the Products and Services. Each time you use the Site and the Products and Services, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms of Use. You must obey the Operator’s policies as stated in these Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Site, each of which is incorporated herein by reference and each of which may be updated by the Operator from time to time without notice to you. You represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. IF YOU DO NOT AGREE WITH EACH PROVISION OF THESE TERMS OF USE, OR YOU ARE NOT AUTHORIZED TO AGREE TO AND ACCEPT THESE TERMS OF USE ON BEHALF OF THE PERSON YOU PURPORT TO REPRESENT, THEN PLEASE DO NOT ACCESS OR USE THE SITE AND SERVICE.
The Site and Products and Services are for convenience and informational purposes only and are not intended to convey advice or recommendations, or an offer to sell any product or service. These Terms of Use are in addition to any other agreement you may have with the Operator, including a Transaction Agreement. Your use of the Site includes the ability to enter into agreements and/or to make offers to purchase electronically. IF YOU CHOOSE TO ENTER INTO AGREEMENTS AND/OR TO MAKE OFFERS TO PURCHASE DOCUMENTS ELECTRONICALLY, YOU ACKNOWLEDGE THAT YOUR ELECTRONIC COMMUNICATIONS ARE SUFFICIENT TO CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND DOCUMENT PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC COMMUNICATIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE AND THE PRODUCTS AND SERVICES. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
03. PERMISSION TO USE THE SITE
You may use the Site only if:
a. you have reached the age of majority where you live; and
b. you can form legally binding contracts under applicable law.
You may not use the Site if you live in a jurisdiction where use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.
04. CHANGES TO TERMS OF USE
The Operator reserves the right, at its sole discretion, to change, amend, modify, add or remove terms and conditions contained in these Terms of Use, at any time, without further notice by posting any changes on the Site. Any new terms or conditions will be effective as soon as they are posted. It is your responsibility to check these Terms of Use periodically and you are deemed to be aware of such changes. Your continued use of the Site following the posting of such changes will mean that you accept and agree to the changes. If you do not agree to the changes, please stop using the Site.
05. PURPOSE
The Site provides information about the Operator’s Branding, Production, Advertising, Special Events and Marketing Products and Services, and Customer Inquiry Services and any online Products and Services offered by the Operator on the Site.
06. OWNERSHIP OF THE PRODUCTS AND SERVICES AND THE SITE
The Products and Services and the Site are the proprietary property of the Operator, its Suppliers or its Licensors, as the case may be. Unless expressly stated otherwise, the Products and Services and the Site are protected by copyright and other intellectual property laws.
07. TRADEMARKS
The Marks are unregistered or registered trademarks, trade dress, designs, domain names, trade names and logos owned or licensed by the Operator. All other trademarks, designs, domain names, trade names and logos not owned by the Operator that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Operator.
Any use of the Marks, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use in any manner any of the Marks.
08. PERMITTED USE OF THE SITE
We acknowledge that when you obtain access to the Site, your computer downloads a copy of the information that is on it. Provided that you are eligible for use of the Site and subject to these Terms of Use, the Operator hereby grants to you a limited personal, non-exclusive, non sublicensable, worldwide, revocable, non-assignable and non-transferable right and licence, to access, read, display on your computer, download and print a single copy of the text and images which are available on the Site [including any forms available on the Site which are designated for printing], solely for your personal and non-commercial use in connection with viewing the Site on any computer and any mobile devices, tablets, personal computers and other devices which you own and control, subject to any usage rules or other restrictions set out by the device manufacture, App. store provider or platform operator for the term of these Terms of Use [the “Licence”].
The Licence is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Without limiting the generality of the foregoing, you may not make any commercial use of the Site, include the Site in or with any product/service that you create or distribute, or copy the Site onto your, or any other person's, website. You will keep all copyright and other proprietary notices intact. Your use of the Site does not transfer to you any ownership or other rights in the Site or the Service. You may use the Site only in the manner described expressly in these Terms of Use and subject to all applicable laws. The Site and the Service may NOT be modified, copied, Distributed, forwarded, framed, reproduced, republished, downloaded, displayed, posted, uploaded, incorporate, transmitted, sold or exploited in any form or by any means, in whole or in part, without the Operator’s prior written permission, except as expressly permitted by these Terms of Use or by applicable copyright laws. Using the Site or the Service for any other purpose or in any other manner is strictly prohibited. The Operator retains all rights not expressly granted hereunder. ANY USE OF THE SITE OR THE PRODUCTS AND/OR SERVICES, OTHER THAN AS SPECIFICALLY AUTHORIZED UNDER THESE TERMS OF USE, WITHOUT THE PRIOR WRITTEN CONSENT OF THE OPERATOR, IS STRICTLY PROHIBITED AND WILL TERMINATE THE LICENCE. THE LICENCE IS REVOCABLE BY THE OPERATOR AT ANY TIME WITHOUT NOTICE AND WITH OR WITHOUT CAUSE.
You acknowledge and agree that the availability of certain Apps. related to the Site is dependent on the third party from which you received the App. Each App. Store may have its own terms and conditions to which you must agree before downloading the App. from it. The Licence is conditioned upon your compliance with all applicable terms and conditions of the applicable App. Store.
09. USER CONTENT
Do not Distribute User Content on or through the Site and this is STRICTLY PROHIBITED.
10. RULES OF CONDUCT
You agree that You will be personally responsible for Your use of the Site and for all of Your communication and activity in using the Site. YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD THE OPERATOR HARMLESS FROM ANY AND ALL LIABILITY OR DAMAGES ARISING FROM YOUR CONDUCT ON THE SITE, INCLUDING ANY USER CONTENT THAT YOU DISTRIBUTE VIA THE SITE AND/OR INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
11. LINKS TO OTHER SITES AND RESOURCES
While the Site may contain links to external Sites or Resources, the Operator is not responsible for the content of any of the linked external Sites or Resources. The Operator provides these links as a convenience. THE OPERATOR DOES NOT ENDORSE ANY EXTERNAL SITE OR RESOURCE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ITS CONTENT, PRODUCTS, SERVICES, ACCURACY, AUTHENTICITY, TIMELINESS OR COMPLETENESS. You access these linked external sites and resources at Your own risk. You may find some content to be offensive, harmful, inaccurate, or deceptive. You agree that the Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Use of or reliance on any such content, products or services available on or through any such external Sites or Resources.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
The laws of certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the below Disclaimers, Exclusions or Limitations might not apply to You, and You might have Additional Rights.
You agree that the Site and all Documents and Products and Services included on or otherwise made available to You through the Site are provided by the Operator on an "as is" and "as available" basis, unless otherwise specified in writing. You further agree that Your Use of the Site and all Documents and Products and Services included on or otherwise made available to You through the Site by the Operator shall be at Your sole risk.
To the fullest extent permitted by law, the Operator disclaims all Warranties, Conditions, Guarantees and/or Representations, Express, Statutory or Implied, in connection with the Products and/or Services, the User Content, the Sites and Resources linked to the Site, all Products and Services included on or otherwise made available to You through the Site and Your Access to and Use thereof, including without limitation, any implied warranty, condition, guarantee and/or representation of merchantability and fitness for a particular purpose, title, performance, quality, non-infringement, security, accuracy, completeness, suitability or any implied warranty, condition, guarantee or representation arising from course of dealing or usage of trade.
The Operator makes no warranties, conditions, guarantees or representations about the truthfulness, accuracy or completeness of the User Content, the Products and/or Services and/or the content of any Sites or Resources linked to the Site, or the availability, quality, characteristics, legitimacy, functionality, security or safety of any Sites or Resources linked to the Site, the User Content, the Products and/or Services and included on or otherwise made available to You through the Site, and the Operator assumes no liability or responsibility therefor.
The Operator assumes no liability or responsibility for any:
a. personal injury or property damage, of any nature whatsoever, resulting from Your Access to and Use of the Site;
b. any unauthorized Access to or Use of our secure servers and/or any and all personal information and/or financial information stored therein;
c. any interruption or cessation of transmission to or from the Site;
d. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by any Third Party; and/or
e. any errors or omissions in the Site and User Content, or for any loss or damage of any kind incurred as a result of the Use or Access of the Site or User Content Distributed or otherwise made available via the Site.
In no event shall the Operator be liable to You or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to:
a. Products or Services included on or otherwise made available to You through the Site;
b. the Site, the Products and/or Service and Your Access and Use thereof;
c. the User Content;
d. the Sites and Resources linked to the Site; and
e. these Terms Of Use, including but not limited to, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability [whether in contract, tort, strict liability or any other theory or law or equity], regardless of any negligence or other fault or wrongdoing [including without limitation gross negligence and fundamental breach] by the Operator or any person for whom the Operator is responsible, and even if the Operator has been advised of the possibility of such loss or damage being incurred.
In those jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of the Operator shall be limited to the full extent permitted by law.
You have sole responsibility for any decisions You make based on information contained in the Products and/or Services and on the Site. If You use the Site, You are agreeing that this Limitation Of Liability is reasonable and in keeping with the nature of the Site.
To the maximum extent permitted by applicable law, You acknowledge and agree that Your Sole and Exclusive Remedy for any Dispute with the Operator is to stop Using the Site.
The Operator will not be responsible for any damages You or any Third Party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Operator to make, or for any errors or any changes made to any transmitted, stored or received information.
The Operator’s total liability to You or any Third Parties in any circumstance is limited to the greater of (a) the amount of fees You paid to the Operator in the Twelve [12] Months prior to the action giving rise to liability; and/or (b) Maximum of $100.00 [CDN.]. Some Jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above Limitation or Exclusion may not apply to You.
In addition, no advice or information [oral or written] obtained by You from the Operator shall create any Warranty.
You and the Operator Agree that any Cause Of Action arising out of or related to the Site, the Products and/or Services, and Documents included on or otherwise made available to You through the Site, the User Content, Your access and use of the Site, any Sites or Resources linked to the Site or these Terms Of Use, must commence and be filed within One [1] Year after the Cause Of Action arose; otherwise, such Cause Of Action is permanently barred.
13. INDEMNIFICATION
By accepting these Terms Of Use, You agree to indemnify and hold the Operator harmless from and against any and all actions, claims, proceedings, costs, damages, demands, liabilities, expenses, whatsoever, including reasonable legal fees and disbursements, arising out of, sustained, incurred or paid by Us, directly or indirectly, in respect of:
a. Your Use and Access of the Site;
b. Your actual or alleged breach of these Terms Of Use;
c. Your Use of any Sites or Resources linked to the Site; Your actual or alleged infringement by You of any Intellectual Property or other Right of any Person or Entity;
e. any User Content You Distribute on or through the Site or which is sent to Us by e-mail or other correspondence; and/or
f. Your actual or alleged violation of any applicable laws, rules, regulations or rights of another.
14. PRIVACY
The Operator Collects, Uses and Discloses Users’ Personal Information in accordance with its Privacy Policy, which is available by clicking Privacy Policy. The Operator’s Privacy Policy may be changed from time to time by the Operator in its discretion without any notice or liability to You or any other person by making an amended Privacy Policy accessible through the Site. By accepting these Terms Of Use, and each time You Use the Site, You consent to the Collection, Use and Disclosure of Your Personal Information by the Operator in accordance with the Privacy Policy as it then reads.
15. GOVERNING LAW
The Operator and the Site [excluding linked Sites or Resources] are physically located within the Province of Manitoba, Canada. These Terms Of Use will be governed by the laws of the Province of Manitoba and the federal laws of Canada and shall be treated in all respects as a Manitoba Contract, without reference to the principles of conflicts of law. Any Dispute between You and the Operator or any other person arising from, connected with or relating to the Site, these Terms Of Use, or any related Matters (collectively, "Disputes") will be resolved before the Courts of Manitoba, sitting in the City of Winnipeg, and You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Notwithstanding the foregoing, You and the Operator may apply to the court in any jurisdiction to obtain Injunctive Relief and any other available equitable or legal remedy regarding any matter relating to Confidentiality, Intellectual Property Rights or Proprietary Rights.
You and the Operator Expressly Exclude the UN Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act [Manitoba], as amended, replaced or re-enacted from time to time.
You agree to waive any right that You may have to:
a. a trial by jury; and
b. commence or participate in any class action against the Operator related to the Site, Products and/or Services, the User Content, these Terms of Use, any Sites or Resources linked to the Site and/or the Products and Services included on or otherwise made available to You through the Site.
You also agree to opt out of any class proceedings against the Operator.
You and the Operator have required that these Terms Of Use and all Documents relating thereto be drawn-up in English.
You consent to the Exchange Of Information and Documents between You and the Operator electronically over the internet or by email. You agree that this Electronic Agreement shall be equivalent of a Written Paper Agreement between Us.
Use of the Site is not authorized in any jurisdiction that does not give effect to All Provisions of these Terms Of Use, Including Without Limitation, this Section. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site. Some jurisdictions may have restrictions on the Use of the internet by their residents.
You Acknowledge and Agree that the availability of certain Apps. related to the Site is Dependent on the Third Party from which You received the App. Each App. Store may have its own Terms And Conditions to which You must agree before downloading the App. from it. Such Terms And Conditions may be governed by other jurisdictions.
16. TERMINATION
Notwithstanding any other provision of these Terms Of Use and Without Prejudice to any other Rights we may have, the Operator may, in its discretion and for its convenience, at any time, change, discontinue, delete, deactivate, modify, restrict, suspend or terminate, immediately, temporarily or permanently, the Site, these Terms Of Use, the Documents, the User Content and/or the Products and/or Services, or any part thereof, without any notice or liability to You or any other person, for any reason.
If You do not comply with these Terms Of Use at any time, the Operator reserves the right to immediately Suspend or Terminate Your Access to the Site, or any part thereof, and/or Your Account, if any.
If these Terms of Use or Your permission to Access or Use all or any part of the Site is terminated for any reason, then these Terms Of Use and all other existing Transaction Agreements between You and the Operator will continue to apply and be binding upon You regarding Your prior Access to and Use of the Site, and anything connected with, relating to or arising therefrom. You agree that the Operator shall not be liable to You or any Third Party for any Termination of Your Access to and Use of the Site or any part thereof.
Any such Termination by the Operator shall be in addition to and without prejudice to such rights and remedies as may be available to Operator, including injunction and other equitable remedies.
All Provisions of these Terms Of Use will survive Termination or Expiry of these Terms Of Use, including without limitation, the disclaimers, limitations on liability, warranties, representations, ownership, termination, interpretation, intellectual property and indemnity provisions of these Terms Of Use.
17. GENERAL
a. Entire Agreement. These Terms Of Use, as they may be amended from time to time in accordance with the Provisions of these Terms Of Use, the Privacy Policy [as set out in Section 14], and all other existing Transaction Agreements between You and the Operator constitute and contains the Entire Agreement between You and the Operator with respect to Your Use of the Site and with respect to the subject matter hereof and supersedes any prior oral or written agreements. In the event of a conflict between these Terms Of Use, the Privacy Policy and any other Policies, Rules or Procedures posted on the Site, these Terms Of Use will prevail.
b. Relationship. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms Of Use.
c. Assignment and Enurement. The Operator may Assign these Terms Of Use to any Third Party. These Terms Of Use cannot be Assigned or Transferred, in whole or in part, by You. These Terms Of Use will Enure to the benefit of and be binding upon each of You and the Operator and our respective heirs, executors, personal representatives, successors and permitted assigns.
d. No Waiver. No Waiver of any Provision of these Terms Of Use shall be binding on the Operator unless executed by the Operator in writing. No Waiver of any of the Provisions of these Terms Of Use shall be deemed or shall constitute a Waiver of any other Provision [whether or not similar] nor shall such Waiver constitute a continuing Waiver unless otherwise expressly provided. The failure of the Operator to exercise or enforce any right or Provision of these Terms Of Use shall not constitute a Waiver of such right or Provision.
e. Severability. Any Provision of these Terms Of Use which is held by a court of competent Jurisdiction to be Illegal, Invalid or Unenforceable in such Jurisdiction shall, as to that Jurisdiction, be ineffective to the extent of such Illegality, Invalidity or Unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining Provisions of these Terms Of Use or affecting the Legality, Validity or Enforceability of such Provision in any other Jurisdiction.
f. Headings. All Article or Section Headings are for Reference and Convenience only and shall not be considered in the interpretation of this Agreement.
g. Unsolicited Commercial Electronic Messages. The inclusion of any email addresses on the Site does not constitute consent to receiving Unsolicited Commercial Electronic Messages or SPAM.
h. Currency. All references to Money Amounts in these Terms Of Use, unless otherwise specified, are in Canadian Dollars.
i. Read and Understood. I have read and accept the Terms And Conditions in these Terms Of Use.
18. CONTACT US
If you have any questions, concerns or comments, please contact us at:
Rodeo Road Studios Ltd.
Mailing Address: 32033 Hazelridge Road, Oakbank, Manitoba, R2N 0E5
E-mail: howdy@rodeoroadstudios.ca
© Copyright 2023 Rodeo Road Studios Ltd.
Last Updated: August 8, 2023