E.A. Studios (Jasper) Ltd.
311-3750 46 Ave SE
Calgary, AB, Canada, T2B 0L1
(“Our Contact Information”)
- “Account” means a user account for the Site as defined in section 6 herein;
- “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
- “Product” means any good or service offered for sale on the Site;
- “We“, “Us” or “Our,” whether uppercase or lowercase, means E.A. Studios (Jasper) Ltd.
- “You” or “Your” whether uppercase or lowercase, means the person accessing or using the Site or its Content.
- Purchase Terms and Conditions. E.A. Studios (Jasper) Ltd. has a separate Purchase Terms and Conditions document that addresses all policies and procedures as they relate to purchases, shipments, and returns from the Site. To view the Purchase Terms and Conditions, click here.
- Accessibility. We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at firstname.lastname@example.org.
- Restrictions On Use
- The Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:
- not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
- not to use the Site to distribute viruses or malware or other similar harmful software code;
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
- that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
- Ownership, Use and Intellectual Property Rights
- This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
- Submitting Information to the Site
- The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Statement, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
- Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information.
- Accuracy of Information and Availability of the Site
- Misprints, errors, inaccuracies, omissions (including incorrect prices or descriptions of Products) may sometimes occur. We cannot guarantee that Products advertised on the Site will be available when ordered. We do not warrant that the Product descriptions on the Site, including the contents of any images of Products, such as colour, are accurate or complete.
- The Products available on the Site are invitations to you to make an offer to purchase, not an offer of the Site or E.A. Studios (Jasper) Ltd. to sell.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
- We may immediately, and without prior notice, terminate your ability to access the Site, a specific Account, or portions of the Site or an Account for any reason including, without limitation:
- if we have determined that your use has created or potentially created risk or legal exposure for us; or
- in response to requests by law enforcement or other government agencies.
- Upon termination of your access to the Site or portions thereof for any reason, you must cease use of your Account(s), cease accessing the Site and promptly destroy all electronic and other copies of all Content, including all related documentation.
- You acknowledge and agree that any termination or suspension of your Account may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination or suspension of your Account, your access to the Site or Services.
- User Accounts
- You are responsible for protecting the confidentiality of your login information, and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your login information or your account(s), or any other security breach involving your Account(s) or the Site or services using our Contact Information provided in this document. We are not responsible for any unauthorized access of your Account(s) or Login Information even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you. We strive to ensure the security of users’ data and Accounts, however, we cannot guarantee that unauthorized third parties will not circumvent our security measures.
- We reserve the right to monitor, terminate, or suspend your Account at any time for any reason at our sole and absolute discretion.
- Each time that you log into and access an Account, you represent and warrant to us that:
- you are the person who registered the Account;
- all of the personal information registered in connection with the Account is current, complete and accurate;
- you are accessing the Site solely for your own personal, non-commercial purposes;
- you are not accessing the Site for the purposes of any dispute or litigation involving us; and
- you are not accessing the Site for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose.
- Upon registering an Account, you may receive Electronic Communications regarding us and our Product Offerings. You can opt out of these Electronic Communications at any time by using the unsubscribe feature located in the footer of such Electronic Communications, where applicable, or by managing your Account settings accordingly. You cannot opt out of electronic communications in the form of general notices on the Site to all users.
- Hyperlinks and Third Party Sites
- No Warranties
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT, PRODUCTS AND SERVICES ON OR THROUGH THE SITE, CONTENT OR OBTAINED FROM A WEB SITE TO WHICH THE SITE IS LINKED (“LINKED SITE”), ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, CONTENT, OR A LINKED SITE BY ANY PARTY OTHER THAN US, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. EXCEPT AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR A USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.
- Limitation of Liability
- THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND DESCRIPTIONS OF CONTENT OR SERVICES PUBLISHED ON THE SITE OR A LINKED SITE, OR INCLUDED IN THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR LINKED SITES OR CONTAINED IN THE CONTENT OR SERVICES. WE MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, CONTENT OR SERVICES AT ANY TIME.
- YOU AGREE THAT E.A. STUDIOS (JASPER) LTD. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, CONTENT, OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, CONTENT, OR A LINKED SITE, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE CONTENT OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS ( E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO US.
- APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO US.
- YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS E.A. STUDIOS (JASPER) LTD. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM:
- YOUR OR ANY PERMITTED MINOR’S USE OR MISUSE OF THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO YOUR OR A PERMITTED MINOR’S PERSONAL INJURY OR DEATH;
- YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF ANY LINKED SITES; AND,
- YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.
- WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
E.A. Studios (Jasper) Ltd.
311-3750 46 Ave SE
Calgary, AB, Canada, T2B 0L1
and all notices from us to you will be displayed on our website from to time.
- We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.