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USER AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE
REALLIVEARTS.COM WEBSITE. BY ACCESSING THE REALLIVEARTS.COM WEBSITE, 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 YOU MAY NOT ACCESS OR
USE THE REALLIVEARTS.COM WEBSITE.
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.
AMENDMENTS
EPCOR CENTRE for the Performing Arts (hereinafter "ECPA") may amend
this Agreement at any time by posting a new agreement on the website as well as
by providing notice that the Agreement has been modified on the front page of
the Website for a period of thirty (30) days. The amended Agreement shall
automatically be effective at the end of such thirty (30) days. Your continued
use or access to the Website following the posting of the notice of the
amendment shall mean that you accept the terms of this Agreement as amended. If
you do not agree with any of the terms of the amended Agreement then you must
immediately terminate all use of and access to the Website. This Agreement may
not otherwise be amended.
LICENSE
You are granted a non-exclusive and non-transferable license to access and use
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 access or use the Website or
browse any information on the Website. All other access or use 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.
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.
FACILITATION
ECPA only provides a means by which individuals and organizations may post
information relating to their items and services 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. (In this Agreement a seller
or user who provides information or posts items for sale shall be called a "Seller"
and the information, material, services or items posted shall be called "Items").
ECPA does not and will not take possession or act as an intermediary in any
purchase of any Item. Any decision or agreement between a user and Seller 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 any Item listed or any information provided by any Seller. 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
quality, condition, suitability, safety and legality of any Item purchased and
the truthfulness of any information and the ability of the Seller to sell and
deliver any Item. In particular, any Item listed may be in breach of a third
party's intellectual property rights, may be stolen or may not be of
merchantable quality.
FRAUD
It is possible that any particular Seller may be using the Website to commit
illegal acts or acts of fraud on users. ECPA takes no responsibility for any
cost, loss or damage which you may incur or suffer as a result of any illegal
act or fraud committed by any Seller including, without limitation, the listing
or sale of any Item which is stolen, counterfeit or breaches any third
party's intellectual property rights. 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
The content of any Item posted by any Seller does not necessarily reflect the
views of ECPA and ECPA does not control or review any information which may be
posted. Some Items may be offensive, incorrect or misleading. You agree to
assume all risks of any use of any information posted on the Website. Further,
if you should find any Item offensive, your rights shall be solely limited to
discontinuing your use of the Website. ECPA may change, add to or delete from
the Website at any time without notice including any Item which you post. You
agree to bear all risk, costs, losses and damages that you may incur as a result
of those changes.
If you find any content objectionable, please inform us and we will look into
the matter.
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.</p>
INTELLECTUAL PROPERTY
ECPA has certain protectable proprietary rights in its software and 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
thisAgreement. 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 Seller without that Seller's explicit written permission
The content of ECPA's software and website are owned by ECPA Inc. 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 Sellers are not owned by ECPA.
DISPUTES
ECPA's sole activity is to provide a means by which Sellers can post Items and
to permit users to access and review such Items. If you have a dispute with one
or more Sellers, 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 SUCH DAMAGES.
IN ALL OTHER CIRCUMSTANCES ECPA'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD
PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).
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 use of 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 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.
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