THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY USE CERTAIN FEATURES AND PLACE CONTENT ON THE REALLIVEARTS.COM WEBSITE. BY CLICKING ON THE "I AGREE" BUTTON AT THE BOTTOM OF THE PAGE, YOU ARE THEREBY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT THEN CLICK ON THE "I DECLINE" BUTTON AT THE BOTTOM OF THE PAGE.

EPCOR CENTRE for the Performing Arts, a registered non-profit society, owns and operates the website including the associated services (collectively the "Website ") located at RealLiveArts.com.

In this Agreement a seller or user who provides information or posts items for sale on the Website shall be called a "Content Provider" and the information, material, services or items posted shall be called "Items". Another user of the Website shall be called a "User".

AMENDMENTS
EPCOR CENTRE for the Performing Arts (hereinafter "ECPA") may amend this Agreement at a later date. You will be asked at that time to review and acknowledge your acceptance of the Agreement, as amended. If you do not agree with the amended terms you will not be able to post any additional Items to the Website and any Items which you may have posted on the Website may be removed.

ACCOUNTS
To post an Item on the Website, you are required to have an account and to provide some information, as may be required by ECPA.

INFORMATION
You agree not to provide any false, inaccurate or misleading information to ECPA. Further, you are solely responsible for keeping ECPA informed if any information provided has changed.

TERMINATION
ECPA may, at its sole discretion, for any reason, suspend or terminate your account and your access to the Website, as well as delete any Items that you have posted to the Website, without notice.

INELIGIBLE USE
You may not post any Item to the Website and all your rights hereunder shall terminate if you have been informed that your rights have been suspended or terminated. Such suspension or termination shall continue until ECPA provides notice to you in writing, that your use has been reinstated.

LICENSE
You are granted a non-exclusive and non-transferable license to use the Website to post Items to the Website and such license shall, in all respects, be subject to the terms and conditions of this Agreement.

You must agree and abide by all terms and conditions set out in this Agreement in order to post Items to the Website. All other uses shall constitute a trespass on ECPA's computer systems, shall constitute an infringement of ECPA's intellectual property and an unlawful use of ECPA's assets. ECPA may change, add to or delete from the Website, including any Items which you post, at any time without notice. You agree to bear all risk, costs, losses and damages that you may incur as a result of those changes.

SERVICES
ECPA may make a variety of services available on the Website. You agree that ECPA will not be liable for any delay or unavailability of the Website, whether due to an act or omission of ECPA or an act or omission of any third party.

Each of those services may have additional terms, including without limitation fees, which apply to your use of those services. You hereby agree to be bound by those terms if you should make any use of those services.

FACILITATION
ECPA only provides a means by which individuals and organizations can post Items and for Users to access and review the same. ECPA may make available on the Website a place for users to exchange information and/or sell items in an electronic "classifieds", "flea market" or other type of services.

ECPA does not and will not take possession or act as an intermediary in any purchase or sale of any Item. Any decision or agreement between a User and Content Provider to purchase an Item is at those parties' sole discretion and risk. ECPA does not participate in and shall have no liability or obligation in any manner relating to any Item purchased.

ECPA does not in any way review, evaluate, control, authenticate or take responsibility for the identity or intentions of any User. In using the Website, you acknowledge and accept that you may be dealing with people acting under false pretense. You assume all risks in regards to the truthfulness of any information provided by any User and the ability of the User to buy or take delivery of any Item.

FRAUD
It is possible that any particular User may be using the Website to commit illegal acts or acts of fraud on Content Providers and other Users. ECPA takes no responsibility and shall have no liability for any cost, loss or damage which you may incur or suffer as a result of any illegal act or fraud committed by any User including, without limitation, that a User may purchase an Item and not pay for it. Further, the onus is on you to take all steps necessary to reduce the risk of being a victim of any illegal act or fraud.

CONTENT
ECPA may screen in advance any Items posted to the Website. The posting of an Item does not create any express or implied approval by ECPA of such Item nor does it indicate that such Item complies with the terms of this Agreement. ECPA has the right, but not the obligation, to refuse to post any Item on the Website or to remove the same which ECPA, in its sole discretion, believes violates any law, any third party rights or the provisions of this Agreement.

PROHIBITIONS
You agree not to use any spider, robot or other automatic means to search or monitor the content of the Website. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with ECPA's software or Website or their use by any third party. You agree not to cause any unreasonable burden or load on ECPA's software or its computer systems or the Website.

ADDITIONAL PROHIBITIONS
You shall not:
(a) use the Website to commit any dishonest act, act of fraud or any act which infringes any third party rights;
(b) list any stolen or counterfeit Item;
(c) list any Item which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
(d) provide any posting or list any Item which is defamatory, libelous, harassing or threatening of or to any person or organization;
(e) post any Item which is harmful or potentially harmful including, without limitation, that which place any person's health or safety at risk, place the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
(f) provide or offer any Item which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
(g) post any Item which is obscene or contains child pornography;
(h) undertake any activity which creates liability or damage or potentially creates liability or damage to ECPA or its computer systems or its service providers; or
(i) send unsolicited e-mail to other Users.

INDEMNIFICATION
All Items posted shall be accurate and shall not infringe any rights of any third party or violate the provisions of this Agreement. You agree to indemnify, defend and hold harmless ECPA, its officers, directors, agents, employees and affiliates and subsidiaries from any and all damages, claims, losses, expenses and costs (including any legal costs on a solicitor and his own client basis) which may arise in any manner whatsoever as a result of your use of the Website or any inaccurate or misleading Item or any infringement of any right of any third party or any activity in breach of this Agreement.

INTELLECTUAL PROPERTY
ECPA has certain protectable proprietary rights in the Website, including copyright. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the Website or ECPA's software except as specifically permitted in this Agreement. Further, you agree not to modify, copy, publish, republish, transmit, sell, create derivative works from, display or in any way exploit any Item posted by any other Content Provider without that Content Provider's explicit written permission.

The content of ECPA's software and website are owned by ECPA and are protected under the copyright law in Canada, the United States and in other jurisdictions of the world and pursuant to international treaties and conventions. Items posted by Content Providers are not owned by ECPA.

DISPUTES
ECPA's sole activity is to provide a means by which Content Providers can post Items and to permit Users to access and review such Items. If you have a dispute with one or more Users, however arising, you agree to release ECPA from and to indemnify, defend and hold harmless ECPA, its officers, directors, agents and employees from any and all claims, demands, losses and damages of every kind and nature, whether direct or indirect or known or unknown, arising out of or in any way connected with such disputes even if ECPA was aware of or ought reasonably to have known of the possibility of such dispute.

WARRANTY DISCLAIMER
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS USED BY YOU AT YOUR SOLE RISK. ECPA MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES AND OTHER LIMITATIONS. ECPA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS.

LIMITED LIABILITY
IN NO EVENT SHALL ECPA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF ECPA KNEW OF OR OUGHT REASONABLY TO HAVE KNOWN OF THE POSSIBILITY OF THE SAME.

IN ALL OTHER CIRCUMSTANCES ECPA'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).

NOTICE
Unless explicitly set out otherwise, all notices to ECPA shall be given by way of certified mail, postage prepaid and return receipt requested addressed to: EPCOR CENTER for the Performing Arts

All notices to you shall be given by way of e-mail. You are solely responsible for ensuring that the e-mail address provided to ECPA is current, correct and operational at all times.

DEEMED DELIVERY
In the case of e-mail, notice shall be deemed given 24 hours after the e-mail is sent, whether or not actually received. In the case of notice by post, notice shall be deemed given 3 days after the date of mailing.

NO AGENCY
The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary.

NO WAIVER
ECPA's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.

ENTIRE AGREEMENT
The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the posting of Items to the Website and the resulting relationship between the parties. No agent of ECPA is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement.

TERMINATION
Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to indemnity, intellectual property, disputes, warranty disclaimer, limited liability and governing law shall survive such termination.

GOVERNING LAW
This Agreement, the relationship between you and ECPA and your use of the Website and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflict of laws provisions. You agree that any legal action or proceeding between you and ECPA which in any way concerns this Agreement or the use of the Website shall be brought exclusively in the courts of Alberta. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief.

SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

HEADINGS
Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.