Last Updated: January 31 2015
GeorgeRossLive2015.com and its Contents are the property of EmersonRose Events Inc. and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws. Reproduction, duplication, or distribution of GeorgeRossLive2015.com’s Contents for anything other than Your personal, non‐commercial use is a violation not only of this Terms of Service but also of intellectual laws, and copyright and trademark laws if applicable (unless You have written permission from EmersonRose Events Inc.). The Content is made available to You for non‐commercial, personal, or educational purposes only. The Content may not be modified in any manner. No other use is permitted.
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS GEORGEROSSLIVE2015.COM AT ANY TIME OR IN ANY MANNER. The Web Site and Services are not directed toward, nor intended for, individuals under the age of 13. Individuals under the age of 13 should not register for the Web Site and/or Services, or provide any personal information. We do not knowingly collect any personal information from individuals under the age of 13. Parents and/or legal guardians of children under the age of 13 who believe their child has registered and/or provided any personal information should contact us at email@example.com so that We may delete and remove any such personal information.
Your Acceptance of this Agreement
These Terms of Service apply to all users of the Service, including, without limitation, users who are contributors of Content (as defined below), information, and other materials or services on the Site, individual users of the Service and referrals of the Service.
Registration and Eligibility
You may browse the Web Site and view certain Content on the Site without registering for an event, but as a condition to using certain aspects of the Service (such as reserving a spot or purchasing a ticket for an event), You are required to provide Your information with EmersonRose Events and any third party that is linked to or from EmersonRose Events in order to process Your registration and process your payment(s). You represent, warrant and covenant that You provide EmersonRose Events and the third parties linked to or from EmersonRose Events that are responsible for payment processing with accurate, truthful, and complete registration information (including, but not limited to Your name, mailing address, email address and a password You will use to access the Service) and to keep Your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of Your use of the Site.
(a) You shall not:
(i) provide any false personal information to EmersonRose Events, or any third party linked to or from the Site that processes registration and payments, in order to create any account/registration for anyone other than Yourself without such person’s permission;
(ii) use a User Name (if applicable), or event registering information (i.e. to purchase tickets for an event) that is the name of another person with the intent to impersonate that person (if applicable); or,
(iii) use a User Name, registration information, or an EmersonRose Events account, if applicable, that is subject to any rights of a person other than You without appropriate authorization.
EmersonRose Events reserves the right to refuse registration of, or to cancel Your reservation to an event in its sole discretion. You are solely responsible and liable for activity that occurs on Your account when You process Your transaction through any third parties linked to or from EmersonRose Events in order to purchase tickets or reservations. You agree to immediately notify EmersonRose Events of any unauthorized use of Your registration account, or other account related security breach of which You are aware.
You represent and warrant that, if You are an individual, You are of legal age to form a binding contract, and that, if You are registering on behalf of an entity, that You are authorized to enter into and bind the entity to these Terms of Service and register for the Service.
Please note that the Web Site may be used only by those who are 13 years of age or older. If You are 13 years of age or older, but have not reached the age of majority or legal age in Canada, You must have permission from a parent or guardian to use GeorgeRossLive2015.com.
The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely Your responsibility to determine whether Your use of the Web Site is lawful, and You must comply with all applicable laws.
Ownership of Content and Licensing
The Web Site is owned by EmersonRose Events Inc. Your use of the Web Site does not transfer to You or any other person any ownership or other rights in the Web Site or its Content.
For purposes of these Terms of Service, the term “Content” includes, without limitation, any original product, good and/or service that is made accessible by EmersonRose Events, including digital publications, artwork, photographs, videos, audio clips, information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by EmersonRose Events on or through the Service.
All Content made accessible by EmersonRose Events on or through the Service is the sole responsibility of the person who originated them. EmersonRose Events does not represent, support, approve or guarantee the completeness, accuracy, authenticity or reliability of any Content.
By providing Content to EmersonRose Events, You grant EmersonRose Events a worldwide, non-exclusive, royalty-free license to use, copy, distribute, process, publish, and transmit such Content in any and all media or distribution methods, even where such Content contains, consists of, or includes Content covered by intellectual property rights. By providing EmersonRose Events with Content, You grant EmersonRose Events a right to sublicense and allow EmersonRose Events to distribute such Content to other companies, organizations or persons who partner with EmersonRose Events for the syndication, consolidation, broadcast, distribution or publication of such Content.
You are responsible for Your use of the Service and for Your Content. You understand that, by providing EmersonRose Events with Content, You represent that You have the right to submit such Content, and You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein with respect to such Content.
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore We will not be liable if this Website is unavailable at any time.
Rules and Conduct
As a condition of use, You promise not to use the Service for any purpose that is prohibited by this Terms of Service. You are responsible for all of Your activity in connection with the Service.
Unless otherwise indicated, the Web Site and/or Content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of EmersonRose Events. You are expressly prohibited from downloading, transmitting or copying any Content of the Web Site without, or in violation of a written license agreement with EmersonRose Events. You may not use any of the software that is used in the operation of the Web Site except in the course of using the Web Site.
The Web Site and EmersonRose Events Content are intended for customers of EmersonRose Events. The Web Site is made available to You for Your lawful use only. You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with the Web Site creating any other undue burden on the Web Site. You understand that Your ability to access and use the Web Site is dependent on Your compliance with this Agreement. Breach of this Agreement and any of its provisions may result in restriction or termination of Your ability to access and/or use the Web Site or Service.
Intellectual Property Policy
All materials, including the organization and presentation of such material, on this Web Site (the “Materials”) are the property of EmersonRose Events Inc. and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable.
You shall abide by all copyright and intellectual property notices, information, and restrictions contained in any Content accessed through the Service. Subject to a separate agreement with EmersonRose Events, such as any written license agreement, any other use of these Materials without EmersonRose Events Inc.’s written permission is prohibited.
It is EmersonRose Events Inc.’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Our advertisers, affiliates, Content providers, members or users; and (2) remove and discontinue service to repeat offenders.
No Advice or Solicitation
The Content of the Web Site does not constitute advice or recommendations. You accept full risk of the usage any information or materials provided on or through the Site or Services, for which we will not be held liable. You accept full responsibility that the Services, information, products or materials offered on or through the Site will meet Your specific needs and requirements. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or through the Web Site.
Content, Brand, Copyright and Trade-Marks
The Web Site contains Content specifically provided by EmersonRose Events or its service providers, subsidiaries, affiliates, officers, employees, agents, partners and licensors (the “EmersonRose Events Parties”), and such Content is protected by Canadian and international copyright, trade-mark, and other laws.
Any use, including reproduction, of the trade-names, Trade-Marks, service-marks and logos displayed on the Web Site (collectively, the “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.
Other Sites and Proprietary Rights
The Web Site may include links to other websites, advertisements or resources and businesses operated by other persons (“Other Sites”). Other Sites are independent from EmersonRose Events, and EmersonRose Events has no responsibility or liability with respect to, or control over, Other Sites, their businesses, goods, services, or Content.
EmersonRose Events does not sponsor or endorse any Other Sites or their Content or the services available through those other Web Sites. Your use of Other Sites and Your dealings with the owners or operators of Other Sites is at Your own risk, and You shall not make any claim against EmersonRose Events arising out of Your use of any Other Sites or Your dealings with the owners or operators of any Other Sites. As between You and EmersonRose Events, the provisions of this Agreement under the appropriate headings apply, with all necessary modifications, to Your access to and use of any Other Sites and their business, goods, services, and Content.
All or portions of this Site excluding third-party links are proprietary to Us and are protected by intellectual property laws and/or treaties, including, but not limited to, copyright, trademark, service mark, and patent laws. You agree to use this Site for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, or prepare derivative works for any other purpose unless We give You express written permission to do so. The Terms of Service do not constitute any general license to You to use any of Our copyrights or trademarks with the sole exception of on-screen viewing.
You agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program (e.g. robot, spider, spyware, etc.) designed to monitor, observe, track, gather, copy, or transmit any of the Content or User information contained on Our Site without Our express written permission. You further agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program that interferes or attempts to interfere with the operation of Our Site.
Linking and Framing
Our Site may also provide links to other Websites. These links are not intended to imply sponsorship, affiliation, or endorsement. We do not exercise any control over these other Websites. We are not responsible or liable, either directly or indirectly, for the availability or accessibility of these other Websites, any transmissions initiated by or between You and the other Website, any of the Content posted on the other Website, or Your reliance upon such Content.
EmersonRose Events reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to You or any other person. The framing of the Web Site or any of its Content in any form and by any method is strictly prohibited.
You are solely responsible for any and all acts and omissions that occur while You use this Site, and You agree not to engage in unacceptable use of the Site, which includes, but is not limited to, use of the Site to: (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail (also known as “spam”); (ii) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store, or transmit files, graphics, software, material, or other Content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person or instruct any person how to do so; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) impersonate any person or entity; (vi) export, re-export or permit downloading of any message or Content in violation of any export or import law, regulation or restriction of Canada and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the Site or any other computer network; (viii) disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; (ix) harm minors in any way; (x) solicit personal information from anyone under eighteen (18) years of age; (xi) solicit confidential information; (xii) interfere with or disrupt the Site or the servers or network connected to provide service to the Site; (m) provide instructional information about illegal or unlawful activities (xiii) “stalk” or otherwise harass another person; (xiv) intentionally or unintentionally violate any applicable local, provincial, territorial, state, national or international law; (xv) engage in outside commercial or business activities without Our express written consent; and/or (xvi) engage in any other activity deemed by Us, in Our sole discretion, to be unacceptable when using this Site or in conflict with the spirit or intent of the Terms of Service. Any violation of this section can result in termination of Your account and/or license to use this Site, as well as other legal action. We will not routinely attempt to match Your personally identifiable information to Your usage of the Site or to other information in Our possession. However, in instances where We, in Our sole discretion, suspect or determine that the Site is being used for any unacceptable, inappropriate, or illegal purposes, personally identifiable information relating to Your use of this Site may be disclosed to other parties as We deem appropriate. Such information may also be disclosed pursuant to any authorized law enforcement investigation, regardless of whether it was initiated by Us or by another party.
Content Posted on the Site
All Content is the sole responsibility of the person from whom such Content originated. EmersonRose Events does not control, and is not responsible for User-submitted Content and that by using the Site, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other Websites, which are completely independent of EmersonRose Events. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, EmersonRose Events makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site. Users of the Site bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will EmersonRose Events be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise made available via the Site. You acknowledge that EmersonRose Events does not pre-screen or approve Content prior to posting. EmersonRose Events makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any User. And further, as to Content: (i) You understand and agree that EmersonRose Events may review and delete any Content that in the sole judgment of EmersonRose Events violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others; (ii) You are solely responsible for the Content that You publish or display; and (iii) by posting Content to any public area of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to EmersonRose Events an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. EmersonRose Events reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site: Content that (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (d) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (g) displays pornographic or sexually explicit material of any kind; (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (k) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (l) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Our infrastructure. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
Unsolicited Submissions and Postings
EmersonRose Events does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product website enhancements, processes, or marketing plans. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (collectively “Submissions”) to EmersonRose Events or the Web Site. However, if You do send Submissions to EmersonRose Events or the Web Site You automatically grant (or warrant that the owner of the Submissions grants) to EmersonRose Events and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable, right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to You or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of EmersonRose Events or its assigns, and You agree, represent and warrant that all moral rights in the Submissions are waived in favour of EmersonRose Events and its assigns.
Release and Indemnification, Liability Limitation, Liability Exclusion, and Disclaimer
You agree to indemnify, hold harmless, and defend Us, Our shareholders, directors, contractors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (i) the Terms of Service and/or any breach by You thereof; (ii) Your use of the Site, including any data, Content, or material transmitted or received by You; (iii) any unacceptable or objectionable Use of the Site, as We determine in Our sole discretion; (iv) any negligent or willful misconduct by You; and (v) as otherwise provided in the Terms of Service.
EmersonRose Events strives to make Your use of the Web Site a useful experience. Nevertheless, EmersonRose Events and the EmersonRose Events Parties do not accept any liability for Your use of the Web Site. For that reason, the following provisions apply to Your use of the Web Site:
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF EmersonRose Events AND THE EmersonRose Events PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
THROUGH OR BECAUSE OF YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR PERSONAL NATURE WITH PERSONS OTHER THAN EmersonRose Events. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK. EmersonRose Events IS NOT A PARTY TO ANY SUCH COMMUNICATIONS AND TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH COMMUNICATIONS AND TRANSACTIONS. TO THE EXTENT THAT YOU CHOOSE TO PARTAKE IN SUCH COMMUNICATIONS AND TRANSACTIONS, EmersonRose Events MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND RELATED THERETO, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF EmersonRose Events AND THE EmersonRose Events PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT EmersonRose Events OR THE EmersonRose Events PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND EmersonRose Events’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.
EmersonRose Events IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR LOGIN NAME OR NOR TO ALLOW ANYONE TO USE THE WEB SITE POSING AS YOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EmersonRose Events AND THE EmersonRose Events PARTIES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
(i) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
(ii) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
(iii) THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
(iv) PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
(v) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
(vi) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND EmersonRose Events AND THE EmersonRose Events PARTIES DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) LIABILITY EXCLUSION
EmersonRose Events AND THE EmersonRose Events PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EmersonRose Events OR ANY OF THE EmersonRose Events PARTIES OR ANY PERSON FOR WHOM EmersonRose Events OR ANY OF THE EmersonRose Events PARTIES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT EmersonRose Events OR THE EmersonRose Events PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
(c) LIMITATION OF LIABILITY
IN NO EVENT WILL EmersonRose Events’S OR ANY OF THE EmersonRose Events PARTIES’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EmersonRose Events OR ANY PERSON FOR WHOM EmersonRose Events IS RESPONSIBLE.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF EmersonRose Events AND THE EmersonRose Events PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF EmersonRose Events AND THE EmersonRose Events PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE, THE USE OF THE WEB SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY EmersonRose Events AND THE EmersonRose Events PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEB SITE.
ADVICE AND INFORMATION PROVIDED BY EmersonRose Events OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement. See “Survivability”.
We take all reasonable steps to ensure that the information on this Website is correct. However, We do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and We make no commitment to ensure that such material is correct or up to date.
We may terminate Your right to access this Site at any time and without notice, in Our sole discretion.
This Site is controlled, operated and administered by Us within Canada. We make no representation that materials on the Site are appropriate or available for use at other locations outside of Canada and access to them from territories where the Contents or products available through the Site are illegal is prohibited. If You access this Site from a location outside of Canada, You are responsible for compliance with all local laws and regulations.
Ticketing Services & Purchasing Agreement: Who You are Buying From, Rules & Regulations
EmersonRose Events provides the events for which You purchase tickets (“Event Provider“). When You purchase a ticket for an event, third-party companies will be handling the transaction and collecting payment.
These links are not intended to imply sponsorship, affiliation, or endorsement. We do not exercise any control over these other Websites. We are not responsible or liable, either directly or indirectly, for the availability or accessibility of these other Websites, any transmissions initiated by or between You and the other Website, any of the Content posted on the other Website, or Your reliance upon such Content. Please review the “Other Sites and Proprietary Rights” section of the Terms of Service.
Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
If You wish to be refunded for a ticket you have purchased for Our event(s), please read Our Refund Policy.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of EmersonRose Events and the EmersonRose Events Parties and each of their respective successors and assigns and related persons and You and Your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or Your rights and obligations under this Agreement without the express prior written consent of EmersonRose Events, which may be withheld in EmersonRose Events Inc.’s sole discretion. EmersonRose Events may assign this Agreement and its rights and obligations under this Agreement without Your consent and without notice to You.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and EmersonRose Events are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or Your use of the Web Site.
Any rights not expressly granted by this Agreement are reserved to EmersonRose Events Inc.
Integration and Waivers
The Terms of Service constitute the complete and exclusive statement and agreement between EmersonRose Events and You with respect to use of this Site and the Terms of Service supersede any and all prior or contemporaneous communications, representations, statements, agreements, and understandings, whether in oral, written, or electronic form, between You and Us concerning the use of the Site and Our service. The terms of the Terms of Service and, as applicable, any other terms shall be construed as consistent with each other whenever possible.
No waiver of any term, provision or condition of the Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition of the Terms of Service, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition of the Terms of Service. No waiver shall be binding unless executed in writing by the party making the waiver.
No Assignment or Delegation
No rights, obligations, or duties under the Terms of Service shall be assigned or delegated by You. Any such attempted assignment or delegation shall be void and of no effect.
In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of the Terms of Service, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in the Terms of Service shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You. You understand and agree that in EmersonRose Events’ sole discretion, and without prior notice, EmersonRose Events may terminate and block Your access to the Site or to its Services.
If any one or more of the provisions contained in the Terms of Service shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions of the Terms of Service, which shall be enforceable to the fullest extent permitted by law.
The respective rights and obligations of the parties under the appropriate paragraphs and as otherwise provided in the Terms of Service, shall survive any termination or expiration of the Terms of Service.
We have the right, at any time and without notice, to add or modify the terms of the Terms of Service. Your access to or use of the Site after the date such amended terms are added shall be deemed to constitute acceptance of such amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
Misprints and Errors
EmersonRose Events endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, EmersonRose Events reserves the right to change the prices, fees and charges regarding the Content available through the Web Site at any time and from time to time without any notice or liability to You or any other person.
This Agreement, Your use of the Web Site, and all related matters are governed solely by the laws of the Province of Ontario, and the federal laws of Canada, applicable therein, to the exclusion of rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between EmersonRose Events and You or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Ontario, and You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any such dispute or matter.
Headings and Order
The headings and sequential order of the paragraphs and sections contained in the Terms of Service are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of the Terms of Service.
How to Contact Us
Please direct all questions or inquiries by email to firstname.lastname@example.org.