Last Revised: May 31, 2013.
PLEASE READ CAREFULLY.
1.2 These Terms are binding on This Site and all Visitors, including persons or entities that access This Site illegally, or in violation of these Terms.
1.3 If you do not agree to these Terms, your only recourse is NOT to access or use This Site or any of its associated activities or services.
1.4 These Terms may be modified at any time, without notice. Posting revisions to these Terms will constitute sufficient notice. Your continued use of This Site after any changes are posted will indicate that you accept the revised Terms. You are responsible to check for changes whenever you access This Site.
"This Site" refers to the web site www.bluesmusicfestivals.com, and to all matters associated with the site, including but not limited to downloadable materials, hyperlinks, scripts, codes, popups, activities on the site and email and other communications. For the purposes of these terms, "This Site" also refers to W&W Works (business name), and to any other W&W Works web sites linked to and/or from bluesmusicfestivals.com.
"Visitors" refers to any person or entity that, by any cause or for any reason, visits, views, uses or interacts with This Site, including but not limited to subscribing to any communication with This Site in any form, or entering into any kind of transaction with This Site. "Visitors" may be used interchangeably with "you" in these Terms.
"Indemnified Parties" refers to This Site, and its employees, agents, service providers, content providers, licensors, licensees, subsidiaries, affiliates, and contractors.
"Personal Information" refers to information that identifies a particular individual, including, but not limited to, name, address, phone number, email address, confidential and financial information, or information that could allow another party to represent themselves as that individual. It does not refer to non-personal data, general information, ideas, opinions, and the like.
3.1 YOU SHALL NOT ACCESS OR USE THIS SITE IF YOU ARE UNDER THE AGE OF 18 (EIGHTEEN) YEARS, PROHIBITED FROM ACCESSING THIS SITE BY ANY LAW OR COURT ORDER, OR INCOMPETENT.
Although This Site does not provide content or material that is not appropriate for children, This Site is not actively monitored for use by children.
4.1 YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU USE THIS SITE AT YOUR OWN RISK.In accessing or using This Site in any manner whatsoever, you agree to assume any and all risks associated with such access or use, including but not limited to your visit, downloading materials, email communications, and use of hyperlinks, content or information.
5.1 You understand and acknowledge that This Site, in its entirety, without limitation, is presented on an "AS IS, AS AVAILABLE" basis without warranty of any kind, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, Title, or non-infringement. This Site makes no representations and disclaims all warranties as to the accuracy, quality, reliability, timeliness, availability, or completeness of the information, content, software, or any other thing available on This Site, or through it, and you should not rely on them. This Site does not warrant that anything on This Site will be uninterrupted or error-free, that defects will be corrected, or that This Site or any server that makes any part of it available are free of viruses or other harmful components.
5.2 In accessing or using This Site in any manner, you release and exclude This Site, the Indemnified Parties, and anyone else who assists in creating or delivering This Site from any liability whatsoever for any and all losses, expenses or damages, without limitation, that you may suffer. This includes any actual, direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages that may arise out of your access to or use of This Site, even if known to This Site, whether during your visit or at any time after your visit.
5.3 Without limiting Section 5.1 and 5.2, content is provided by This Site on an "AS IS, AS AVAILABLE" basis and without warranties of any kind, either expressed or implied. The content is not necessarily complete, accurate, exhaustive, or up-to-date. Content on This Site should not be relied upon as a substitute for specific authoritative advice.
Without limiting Section 5.1 and 5.2, This Site does not warrant or make any
representation regarding your use, or the results of your use, of any
content, information, or service found on or through This Site, in terms of
accuracy, reliability, or otherwise. You
understand that you are solely responsible for evaluating information, products,
or services you may obtain or learn about from This Site, directly or
indirectly, for what you do with them, and for the results you achieve if you
use them. You agree that This Site is not responsible for the success or failure
of your endeavors or business as it relates to any information, products, or
services presented by This Site. You
understand that any and all claims or representations on This Site, as to any
results or outcomes, including income or earnings, are not to be considered
average or typical, or that you will achieve any or all of any results
portrayed. You also understand that any activity or undertaking involves some
level of risk, and that your own results could include damages or losses.
Your own results
will vary and will be determined by many different variables including but not
limited to your effort and ability, your particular circumstances, and outside
influences (such as the marketplace) at the time.
This Site is intended to be part of your own research, and not
the entirety of it. Please investigate and compare your alternatives until you
can make an informed decision that best suits your circumstances. 5.5 Without limiting Section 5.1 and 5.2, content,
information, services, links, or any other thing appearing on Site that is
provided by third parties, including advertising materials, are presented on
an "AS IS, AS AVAILABLE" basis. You agree that This Site has no
responsibility or liability for experiences that you may have with third party
materials appearing directly or indirectly on This Site. You agree to assume
full responsibility for accessing or using such third party materials.
5.6 Without limiting Section 5.1 and 5.2, you understand
and acknowledge that all hypertext links on This Site are presented on an
'AS IS, AS AVAILABLE" basis, and that you use such links at your own risk.
This Site makes no representations or warranties about the content, completeness
or accuracy of these hyperlinks or the sites hyperlinked to This Site. Many of
the aforesaid hyperlinks lead to other sites or third party resources which are
not maintained by, or related to This Site, are not under the control of This
Site. This Site has not reviewed any or all of such sites, does not monitor
them, and is not responsible for their content or for any experiences you may
have as a result of visiting such sites. Such links are not necessarily
endorsements by This Site of any products or services on sites linked to. In
particular, you deal with or enter into transactions with advertisers appearing
on This Site, or suppliers of content to This Site at your own risk.
This Site is intended to be part of your own research, and not the entirety of it. Please investigate and compare your alternatives until you can make an informed decision that best suits your circumstances.
5.5 Without limiting Section 5.1 and 5.2, content, information, services, links, or any other thing appearing on Site that is provided by third parties, including advertising materials, are presented on an "AS IS, AS AVAILABLE" basis. You agree that This Site has no responsibility or liability for experiences that you may have with third party materials appearing directly or indirectly on This Site. You agree to assume full responsibility for accessing or using such third party materials.
5.6 Without limiting Section 5.1 and 5.2, you understand and acknowledge that all hypertext links on This Site are presented on an 'AS IS, AS AVAILABLE" basis, and that you use such links at your own risk. This Site makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to This Site. Many of the aforesaid hyperlinks lead to other sites or third party resources which are not maintained by, or related to This Site, are not under the control of This Site. This Site has not reviewed any or all of such sites, does not monitor them, and is not responsible for their content or for any experiences you may have as a result of visiting such sites. Such links are not necessarily endorsements by This Site of any products or services on sites linked to. In particular, you deal with or enter into transactions with advertisers appearing on This Site, or suppliers of content to This Site at your own risk.This Site is not a party to such transactions and is not liable for any claims, losses, or damages that may result from them. You assume all responsibility for performing your own "due diligence," and for evaluating all offers.
5.7 Without limiting Section 5.1 and 5.2, email or any other form of communication is presented on an "AS IS, AS AVAILABLE" basis. You agree that This Site is not responsible or liable for email or other communications to or from This Site which do not arrive at their destination, or that may be damaged, altered, or lost, for any reason, or for any losses of any kind that may be incurred as a result.
5.8 If any of the above provisions are void under governing law, This Site's liability will be limited to the full extent permitted by law.
5.9 In no event will the collective liability of This Site and the Indemnified Parties to any party exceed the greater of $100 or the amount you have paid to this site for the applicable content, product, or service out of which the liability arose.
6.1 You agree to indemnify and hold the Indemnified Parties harmless from any breach of these Terms by you, including any unauthorized access or use of This Site or of any thing found on or through This Site. You agree that Indemnified Parties will have no liability in such cases. You agree to indemnify the Indemnified Parties against any and all resulting loss, claims, demands, damages, awards, judgments, costs, expenses, and legal fees of the Indemnified Parties related to your access to, use of, or conduct on This Site.
6.2 You agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties that may arise out of your use of This Site, content, information, or any other matter or thing accessed from This Site.
7.1 You are permitted to browse, view, download materials, and participate in activities on or associated with This Site, subject to these Terms, and the specific restrictions in this section 7 and elsewhere in these Terms, and to any additional terms or conditions associated with the specific material or item in question.
7.2 Any and all information you provide to This Site must be correct, current, and complete.
7.3 You may create hypertext links to any publicly available area of This Site that does not specifically disallow such linking, provided that such hyperlinks do not portray This Site in a false, misleading, or defamatory way, and do not otherwise violate these Terms in any manner. This permission is non-exclusive and revocable without notice.
7.4 You shall not link to This Site in any way that an average user would be reasonably likely to believe that you or another party has the right to display, publish, or distribute any part of This Site or its content, including but not limited to framing and co-branding.
7.5 In using This Site, you must not infringe any intellectual property right or other right of This Site or of any other party.
7.6 You shall not use This Site to collect, store, or use information about This Site or any other person or entity for the purpose of sending unsolicited or unauthorized communications. You agree not to send SPAM to This Site or to any email address given on This Site.
7.7 In using This Site, you agree not to act in any way that interferes with other Visitors of This Site, disrupts any functioning of This Site or its service and content providers, compromises security, or tampers with any system resources, software, hardware, or any communications system. The aforesaid includes using or purveying viruses, worms, Trojan horses, and any destructive codes, files, or programs. It also includes submitting emails to This Site or to any other address on This Site which purveys anything that would do or lead to any of the aforesaid.
7.8 In using This Site or any information contained therein, you shall not engage in any behavior, or make any communication, that is fraudulent, threatening, abusive, offensive, obscene, pornographic, libelous, defamatory, racist or discriminatory, or that invades privacy, stalks, harasses, violates any laws or advocates violating any laws, seeks to exploit or harm children, or purveys hyperlinks to other sites or locations that contain matter that falls within any of the aforesaid definitions.
7.9 You agree to comply with all applicable laws and regulations regarding online conduct and content.
8.1 All trademarks, proprietary marks, and all copyright materials, in any form, belonging to other parties remains the property of their respective holders. This Site uses such materials only by permission.
8.2 Everything else on This Site is Copyright 2009-2013 by W&W Works. All Rights Are Reserved.
8.3 You may save or print out materials from This Site that are Copyright by W&W Works for your own personal reference use, unless indicated otherwise. If you do so, you must not remove or alter any copyright marks, trademarks, or other indicators of ownership.
8.4 Where the copyright or proprietary rights for materials or content available on or through This Site is held by other parties, you MUST get the permission of those other copyright holders to save, print, otherwise use material that belongs to them.
8.5 In accessing or using This Site, no intellectual property or other rights are transferred to you.
8.6 You are not permitted to reproduce any material on This Site, in whole or in part, for purposes of redistribution in any form, whether for profit or not, unless permission is explicitly granted for the specific material, and then only in the manner provided for by the permission statement.
8.7 You are not permitted to represent any materials belonging to W&W Works as belonging to or originating from any other source or person, as being in the public domain, or as from any unidentified or anonymous source.
9.1 You understand and acknowledge that any submission that you communicate or otherwise make to This Site becomes the property of This Site. Submissions include any matter submitted to This Site in any form, media, or technology, existing now or developed later, including but not limited to ideas, suggestions, feedback, remarks, information, content, and images.
9.2 By making submissions to This Site, you assert that you have the intellectual property or other rights to make the submissions. You may not submit any matter in violation of any other party's intellectual or property rights.
9.3 By making submissions to This Site, you grant This Site world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to publish, modify, and use such submissions and their content in any manner whatsoever without restriction, without liability, and without consideration of any kind.
10.3 This Site only collects Personal Information that a Visitor submits to it by an affirmative action. Visitors may voluntarily submit Personal Information during the course of business transactions (such as orders), email communications (including email subscriptions), or any other method that may develop. The Personal Information collected will be appropriate for the purpose.
If you suspect that Personal Information about you has been submitted by someone else, please contact This Site with specific details.
10.4 This Site does not knowingly collect Personal Information from minors or children. If This Site discovers it has information from or about children under 13 (thirteen) years of age, except as permitted by law, it will be removed in a timely manner. If you have reason to believe that information about a child has been submitted to This Site, please contact This Site.
10.5 All Personal Information you submit to This Site will be used only for the specific purpose you submitted it for, and for the associated record-keeping and/or legal requirements related to that purpose. That purpose may be expressed specifically or implied by the activity itself.
This Site does not rent, sell, lend, or share Personal Information. This includes but is not limited to email addresses.
Example 1: If you submit your email address and name to receive regular emails from This Site, such as a newsletter, then that will be all that information will be used for. It will also be retained as proof of your request and permission for such email communication. That information will not be given, sold, or rented to anyone else.
Example 2: If This Site offers any thing for sale, you may need to submit your address for delivery of that product. Your address will not be sold, or rented to any mailing list, or used in any way other than to send you the product, provide customer support, or other standard customer communications. Such customer information will be retained as a normal part of business records.
10.6 You will asked for permission to use your Personal Information for any other purpose than that which it was submitted for, subject to the exceptions in Section 13 "Notwithstanding & Reservation Of Rights" where permission to use Personal Information may not be sought, nor any notice given.
10.7 By submitting Personal Information, you indicate that you understand that any security measures to protect Personal Information are not foolproof, and so release This Site and the Indemnified Parties from any and all liability for losses or damages that may result from any breach of any security measure or illegal access to your Personal Information, whether known or unknown to This Site, or through accident or negligence.
10.9 Personal Information associated with orders, business transactions, and email permissions will be retained. This Site retains past invoices and payment records for This Site's records and for protection against fraud and lawsuits. Personal information, submitted by anyone, may be retained, at This Site's sole discretion, for purposes of This Site's legal protection, and for any duration it may be required.
10.10 Personal Information provided to This Site will generally be stored on W&W Works premises, and is not accessible to third parties. In some cases, Personal Information may also be stored in secure third-party databases specifically related to the purpose the Personal Information was provided for.
Example: Email addresses and names submitted to an email newsletter may be stored in a secure database provided as a necessary part of the third-party service which automates the delivery and management of the newsletter. Such a database is not accessible to any other parties.
Example: Customer and Order records may be stored in secure customer databases designed for that purpose.
During your visit to This Site, you may link to, or view on pages on This Site, content or services created and/or hosted by third parties. This Site does not control the use of technology or the resulting information collected by third parties, therefore this site is not responsible for any actions or policies of third parties. Third parties accessible through This Site may have their own privacy and data collection policies and practices.
10.12 Collection of Non-Personal Information: Cookies & Similar Devices
This Site does not collect Personal Information from Visitors who simply browse and view material. This Site collects standard traffic and visitor data, as do most web sites and web servers, that contains no Personal Information. Such generic information is likely to be collected automatically and through the use of electronic tools that may not be visible to Visitors.
10.13 Third Parties and Collection of Information
Google may use the DoubleClick cookie to enables it and its partners to serve ads to you based on your visit to This Site and/or other sites on the Internet.
Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting the ads preference manager at Google.
10.13 ISP Addressesmay be collected from Visitors. These addresses are routinely collected behind-the-scenes. They do not provide Personal Information. They identify the server locations where activities originate. In general, the collection of ISP addresses is for the protection of internet users, webmasters, and service providers alike. In particular, ISP addresses may to used to identify the source of illegal, harmful, or otherwise unacceptable internet activities.
If you have concerns or questions, please email the address below. In your email, please outline the nature of your concern in specific detail.
If you are concerned about or would like to update your own Personal Information, it is important to provide details that will assist in identifying the information, if This Site has it. Such details may be an exact email address, name, approximate or specific date, or other details.
Privacy Contact Email Address:
[privacy AT bluesmusicfestivals dot com]
You may also use the postal address or telephone number provided on the Contact Page.
This Site does NOT give out specific Personal Information in response to such inquiries. This Site will only provide information on the type of information which may be held. This is to protect you, as it is difficult to determine the true identity of someone requesting such information.
11.3 This Site reserves the right to release Personal Information to system administrators and appropriate service providers at other sites in order to assist them in investigating, and resolving security violations and incidents, and fraudulent or illegal activity.
11.5 This Site reserves the right to investigate suspected or actual violations of these Terms. In particular, This Site reserves the right to collect additional Personal Information, without notice, during or after attempts to bypass, hack, or otherwise breach security, or in regards to illegal or damaging acts, and to locate violators of these Terms.
11.6 This Site is not obligated to provide notice of the use of or disclosure of Personal Information in such cases as covered by this section 11.
11.7 This Site reserves the right to refuse, suspend, terminate, or block access to This Site or any of its resources, at any time, without notice, for any breach of these Terms, suspected or actual, at its sole discretion. This Site also reserves the right to block emails or other communications that it deems to be SPAM, fraudulent, or otherwise in violation of these Terms.
11.9 By accessing or using This Site, you agree to hold harmless This Site and the Indemnified Parties from any claims resulting from any action taken by This Site in relation to this section 11 of the Terms, or during or as a result of investigations by This Site, the Indemnified Parties, or law enforcement authorities.
12.1 This Site is owned and operated by W&W Works, located in the municipality of Guelph, Ontario, Canada.
12.2 You agree and consent that the exclusive governing legal jurisdiction of This Site, these Terms, and your access to and use of This Site is the province of Ontario, Canada, without regard to principles of conflict of laws.
12.3 You also agree and consent that the personal and exclusive jurisdiction and venue for any claim or dispute, or for any legal action arising out of these Terms or your access to or use of This Site, whether against or by This Site or any of its Indemnified Parties will be the Provincial or Federal Courts located in Guelph, Ontario, Canada.
12.4 You agree and consent that the official language of This Site is English, and that any dispute or legal action shall be conducted in English.
13.1 If any part of the Terms is declared invalid or unenforceable by a court of competent jurisdiction, this shall not invalidate any remaining part.
13.2 Section titles, formatting, and look-and-feel of these Terms are for convenience only and do not have any substantive effect.
13.3 Any failure by This Site to enforce any right under these Terms will not waive that right or any other right.
13.4 Any minor error or defect in these Terms will not be of consequence, nor have any effect on the enforceability of these Terms.
13.5 Additional terms and/or conditions that may appear elsewhere on This Site will govern the items to which they pertain, and they will have the same force as if they were included in these Terms.
W&W Works, Ontario, Canada.
May 31, 2013.