Effective Date: November 30, 2021
Agreement to Terms
Changes to Terms
The Site, including all text, images, audio, video, and any other media (collectively the "Content") contained on the Site, are protected by copyright, trademark and other applicable laws, and are the property of Ebb Media Ltd, except as otherwise identified.
Any copyrights and trademarks not the property of Ebb Media Ltd that may be used or referred to in the Site are the property of their respective owners.
No part of the Site and no Content, including third party or licensed materials, may be copied, reproduced, republished, posted, publicly displayed, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Site, you represent and warrant that:
- you are of legal age to accept these Terms (if you are not of legal age, you must receive your parent’s or guardian’s permission to use the Site, and your parent or guardian must agree these Terms on your behalf);
- your use of the Site will not violate any applicable law or regulation;
- all registration information you submit will be true and accurate;
- you will not use the Site for any illegal or unauthorized purpose.
If you provide any information to us that is untrue or inaccurate, we reserve the right to suspend or terminate your access to the Site indefinitely.
Access and User Registration
Access to the Site is provided free of charge, although this is subject to change at any time without notice. The Site is provided solely for your personal or organizational, non-commercial use.
You may be given the option to register with the Site in order to access certain Content or engage in community discussion. You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove or change a username you select if we determine that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose that directly contradicts our Mission Statement. 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:
- 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;
- create user accounts by automated means or under false pretenses (ie. using the name or email address of someone other than yourself);
- use the Site to advertise or offer to sell goods and services;
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- interfere with, disrupt, or create an undue burden on the Site;
- attempt to impersonate another user or person or use the username of another user;
- use any information obtained from the Site in order to harass, abuse, or harm another person;
- use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, spyware, passive collection mechanisms, or other material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- upload or transmit (or attempt to upload or to transmit) 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
- to use the Site in a manner inconsistent with any applicable laws or regulations.
If you do not abide by all of the above terms regarding prohibited activities, we reserve the right to suspend or terminate your access to the Site indefinitely.
User Generated Contributions
The Site may invite you to contribute to or participate in discussions, blogs, message boards, online forums, polls/surveys, and other functionality, and 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, images, audio, video, comments, or other material (collectively, “Contributions”).
When you create or make available any Contributions, you represent and warrant that:
- your Contributions do not in any way violate our Community Guidelines.
- 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;
- your Contributions are not false 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, or slanderous;
- your Contributions do not ridicule, mock, disparage, intimidate, solicit, or abuse anyone;
- your Contributions do not violate, or link to any material that violates, any applicable laws or regulations;
- your Contributions do not violate the privacy or publicity rights of any third party; and
By posting your Contributions to any part of the Site, or by making your Contributions available to us, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
Despite the irrevocability of this license to use your Contributions, if at any time you have a legitimate reason to request that this license be revoked, please email us at [email protected].
Contributions may be viewable by other users of the Site and through third-party websites. As such, all of your Contributions will be treated as non-confidential and non-proprietary.
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.
We reserve the right to:
- edit, redact, or otherwise change any Contributions;
- re-categorize any Contributions to place them in more appropriate locations on the Site; and
- to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
If you do not abide by all of the above terms regarding your Contributions, we reserve the right to suspend or terminate your access to the Site indefinitely.
Ebb Media Ltd respects and is committed to uphold the intellectual property of others, and expects our users to do the same. You may not upload, embed, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
If you believe your work has been copied and posted on or through the Site in a way that constitutes copyright infringement, please notify us via email to [email protected].
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“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 of these Submissions for any purpose, commercial or otherwise, without providing any acknowledgment or compensation to you.
You hereby waive all 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.
Third Party Websites and Content
The Site may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to:
- refuse, restrict access to, or limit the availability of any of your Contributions or any portion thereof; and
- to otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Limitation of Liability
Content and other materials on the Site is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own enquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We have worked to ensure the accuracy of the information it provides through the Site. This information frequently relies on data obtained from many sources, however, and we do not make any representation or warranty that any of the Content or other materials on the Site is reliable, accurate, or complete, nor do we accept any responsibility arising in any way from errors or omissions.
You expressly agree that the use of the Site is at your sole risk. Such products and service are provided on an 'as is' basis, and we make no warranties, expressed or implied. Ebb Media Ltd disclaims any warranty that the service will be uninterrupted, secure, or error-free. No advice, opinion, or other information obtained through the Site's Content or other materials shall create any warranty whatsoever from Ebb Media Ltd.
Except as otherwise stated, Ebb Media Ltd makes no warranty or representation regarding the confidentiality of any communication or information transmitted on the Site. You agree that neither Ebb Media Ltd, nor any other providers of products or services related to the Site, are responsible for the confidentiality of any information, and neither Ebb Media Ltd or any other providers of products or services related to the Site are responsible for any damages that may arise from disclosure of such information.
Ebb Media Ltd and its directors, employees, agents, or any other representatives shall not be liable under any circumstances for any direct, indirect, consequential, special, exemplary, punitive, or other damages, including lost profits or legal fees, under any legal theory including but not limited to breach of contract, breach of warranty, negligence, or strict liability, regardless of whether Ebb Media Ltd was informed of the possibility of such damages.
Ebb Media Ltd assumes no responsibility or liability arising from the Content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger or inaccuracy contained in any information within the Site or accessed through the Site. Ebb Media Ltd also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Site are free of computer viruses or other harmful components. In addition, although we make a good-faith effort to update the content of our Site periodically, we do not have a duty to update information contained in our Site, and we will not be liable for any failure to update such information.
You agree to indemnify, defend and hold Ebb Media Ltd, its affiliates, licensors, suppliers, and sponsors, and its directors, employees, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees) and other expenses that arise directly or indirectly out of or from:
- any allegation that any user Contributions or Submissions infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
- your activities in connection with the Site.
If you attempt to bring any legal action against Ebb Media Ltd based in any way on its products or services, including the Site, you agree that, in the event you do not prevail or Ebb Media Ltd does prevail, you will reimburse Ebb Media Ltd for any costs and legal fees associated with their defence of the action.
The use of the Site and any claim or dispute relating to the Site shall be governed by the laws of the Province of British Columbia, Canada. Exclusive venue for any claim shall be in the provincial and federal courts located in the Province of British Columbia, Canada.
Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service.