SOTI World Tour Website Terms of Use
Posted: February 28, 2024
Welcome to the SOTI World Tour website and event portal (“Site”). We maintain this Site as a convenience to you for informational and business purposes only and not to provide any specific advice or outcomes. PLEASE REVIEW THIS AGREEMENT CAREFULLY. The terms “we,” “our,” and “us” used below refer to the applicable SOTI entity. The terms “you” and “user” used below refers to the individual accessing, browsing, or using the Site.
1. Acceptance of Agreement; Site Modification
1.1. Acceptance. By accessing, browsing, or using the Site, you accept, agree to comply with, and are deemed to be bound by this Website Terms of Use, and references to any other terms incorporated by reference (“Agreement”). If you do not agree to these terms and conditions, you should not access or not use the Site.
2. Use of Site
2.1. Our Limited License to You. We grant you a limited, revocable, and nontransferable license to browse, access, and use the Site solely for your personal non-commercial use. Except as expressly permitted by us in writing, you are not allowed to modify, copy, reproduce, republish, upload, post, transmit, translate, create derivative works of, incorporate into any information retrieval system, exploit, license, distribute, transfer, sell, or re-sell any Content, information, or any services obtained from the Site.
2.2. Your License to Us. Some areas of the Site may be interactive and allow you to post information or material (“Submissions”). You grant us an irrevocable, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, exploit, perform, and display worldwide any Submissions you post for any purpose without compensation to you. You also grant us the right to identify you as the author of your Submissions by name and/or email address. Regarding your Submissions, you represent and warrant that (a) you are authorized and have all rights and/or licenses to post the Submission; (b) the Submissions are not posted for the purpose of conducting any selling activity; (c) the Submissions are truthful, accurate, and non-disparaging; and (d) the Submissions do not (i) violate applicable law or this Agreement, or (ii) infringe upon any third-party rights. We expressly disclaim any: (e) liability for any Submission, and (f) any endorsement of your Submissions, products, services, business, or opinions, and under no circumstances may you represent that we do. You are solely responsible and liable for your Submissions, and you shall defend, indemnify, and hold harmless us for any damages, losses, and/or claims arising from your Submissions. We reserve the right to remove or modify any Submissions, or restrict or suspend access to posting Submissions at any time.
You agree that any of your Submissions will not include:
a) Anything that interferes with or disrupts other users of the Site or the operation of the Site;
b) Statements about candidates for political office;
c) Statements or other material that defames, harasses, abuses, stalks, threatens or in any way infringes on the rights of third parties or us;
d) Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
e) Statements or material that contains vulgar, obscene, profane or otherwise objectionable language or that would not be considered socially or professionally appropriate;
f) Statements or material that impersonate any other person or entity whether actual or fictitious;
g) Statements or material that constitute junk mail, spam or unauthorized advertising or promotional material; or
h) Files that contain malicious code, viruses, corrupted files or any other software that may damage the operation of another’s computer system.
2.3. Compliance with Law. You agree that your use of the Site will comply with all applicable laws.
2.4. Prohibitive Use. You are prohibited from: (a) making any attempts to circumvent or violate the security of the Site; (b) interfering in any way with the proper working of the Site; and (c) accessing areas of the Site or information not intended for you.
3. Users
3.1. User Information. To access certain features of this Site, we may ask you to register by providing information about yourself. Our use of such information is governed by the terms of our Privacy Policy.
3.2. Account Creation. You may create and/or receive a username, password, or account for use of the Site. You are responsible for (a) maintaining the confidentiality of your username, password, or account, and (b) all activities that occur under your account whether or not such uses are actually authorized by you. We assume no liability for any loss or damage from any unauthorized use of your username, password, or account by a third-party. We reserve the right at any time to disable, suspend, or terminate your username, password, or account for any reason in our sole discretion.
3.3. User Representations and Warranties. By using this Site you:
a) represent that all registration and other information you submit, if any, is truthful and accurate;
b) agree to maintain the accuracy of any information you provide;
c) agree that you will not submit any personal information if you are under the age of majority; and
d) represent and warrant that your use of the Site does not violate any applicable law or regulation.
4. Proprietary Rights
4.1. Site Content. The Site contains and may make available media and other content including text, photos, videos, infographics, graphics, copyrighted material, trademarks, trade names, service marks, logos, information, Submissions (as defined below) and other digital material (“Content”). We may make certain materials available for your non-commercial use in accordance with Section 3.1.
4.2. Content Ownership. Nothing in this Agreement should be construed or be deemed as granting any rights, title, or interest in or to any: (a) portion of the Site or its Contents, (b) of our proprietary products and services, or (c) of our intellectual property (“SOTI Property”). At all times we own all rights, title, and interest in and to all SOTI Property. You shall not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material or Content on the Site. Any unauthorized use of this Site or breach of this
Section may result in a violation of copyright laws, trademark laws, privacy and data protection laws, and publication and communication regulations and statutes, and we reserve the right to pursue the full legal protections, remedies, and enforcement measures against such violations.
5. Third-Party Services and Links to Other Websites
5.1. Third Party Products. The Site may include reference to third-party products and/or services (“Third-Party Products”) from third-party providers (“Third-Party Merchants”). We do not operate, control, endorse, or make any representations about any Third-Party Products referenced on the Site. Your decision to engage Third-Party Merchants is entirely your responsibility and you understand that Third-Party Merchants are entirely responsible for all aspects of the sale of Third-Party Products. We are not a party to any transactions between you and Third-Party Merchants.
5.2. Third Party Websites. The Site may contain as a convenience or Submissions may include links to websites that are owned and operated by other third parties not under our control (“Third-Party Sites”). You understand that you will leave the Site when you access those third-party links, and agree that your use of Third-Party Sites is at your own risk. This Agreement does not cover your interaction with Third-Party Sites, and you are encouraged to review the applicable terms governing your use of Third-Party Sites.
5.3. Disclaimer. USE OR PURCHASE OF THIRD-PARTY PRODUCTS AND/OR OTHER THIRD-PARTY SITES, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT, CONCERNING MERCHANT AND THIRD-PARTY WEBSITES. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY OR QUALITY OF PRODUCTS OR SERVICES ON THIRD-PARTY SITES. NOTHING IN THIS AGREEMENT OR ON THE SITE SHOULD BE CONSTRUED AS AN ENDORSEMENT OF ANY (A) THIRD-PARTY SERVICES AND/OR PRODUCTS, AND/OR (B) SUITABILITY, ACCURACY, OR INFORMATION ON THIRD-PARTY SITES. A UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM: (C) YOUR ACCESS TO AND USE OF THIRD-PARTY SITES OR ANY OTHER SITE LINKED TO OUR SITE, (D) THE TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY MERCHANT OR ANY OTHER THIRD-PARTIES, OR (E) ANY INFORMATION, SERVICE OR PRODUCT APPEARING ON THIRD-PARTY SITES OR ANY OTHER SITE LINKED TO OUR SITE.
6. Indemnification
6.1. You agree to indemnify, defend, and hold harmless us, and our current and future directors, affiliates, subsidiaries, officers, staff, and product and service providers (“Indemnified Parties”) from and against all liability, loss, claim and expense, including reasonable attorneys’ fees and legal fees, related to (a) your violation of applicable law and/or this Agreement; (b) any infringement of third-party rights; and and/or (c) to your use of the Site or its Content.
7. Disclaimer and Limitations
7.1. Disclaimer. THE SITE AND THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CONTENT, SUBMISSIONS OR OTHER INFORMATION OBTAINED ON OR THROUGH THE SITE. THE SITE AND ITS CONTENT, INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS FOR WHICH WE DISCLAIM ANY LIABILITY. YOUR USE OF AND INTERACTION WITH THE SITE, ITS CONTENTS, INFORMATION, OR SERVICES IS AT YOUR OWN RISK AND WE HAVE NO LIABILITY WHATSOEVER FOR SUCH USE.
7.2. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY TO YOU OR UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY LAW. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION WE PROVIDE ON THIS SITE IN THE 12 MONTHS PRECEDING THE CLAIM.
8. Site Information, Monitoring, and Modification
8.1. Site Information. Information or material we provide or publish on the Site is provided for general information purposes only and is believed to be accurate and reliable as of the date prepared and posted by us. Nothing on the Site is intended to amount to advice which you should rely or act on. We expressly disclaim: (a) that any information or material on the Site will be accurate, complete and current; (b) any liability for any information or material on the Site, including information or material included in Submissions; and (c) any duty or obligation to update, modify, or remove any information or material from the Site. Information on the Site about organizations other than ours or otherwise not posted by us should not be relied upon as being provided or endorsed by us.
8.2. Site Monitoring. We have no obligation, and make no representations or warranties, that we monitor any use of the Site, including any Submissions. We do not guarantee any removal, modification, or specific outcome related to any material, information or Submissions included on the Site.
8.3. Site Modification. We reserve the right to modify the Site at any time, including making changes or withdrawing information or materials, or entirely terminating the Site. We disclaim any liability if the Site is not up to date, restricted, or unavailable at any time or for any period.
9. Termination
9.1. Notwithstanding any of the terms of this Agreement, we reserve the exclusive right to discontinue the Site and/or to suspend and/or terminate your use of or access to the Site, its Contents, your Submissions, or any other portion or materials of the Site for any reason at any time without notice to you.
10. Privacy Policy
10.1. You acknowledge that you have read our Privacy Policy (as it may be updated from time to time) and hereby consent to our collection, use and/or disclosure of any personal information you supply to us when you use the Site in accordance with our Privacy Policy. You are responsible for familiarizing yourself with our current privacy policy before accessing, browsing, or using the Site.
11. General
11.1. Severability. Any portion of this Agreement held by a court of competent jurisdiction to be invalid or unenforceable will be severed from this Agreement and will not affect the validity or enforceability of the other portions of this Agreement which will remain in full force and effect.
11.2. Failure to enforce. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
11.3. Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada without regard to its choice-of-law rules. All disputes, legal action or proceeding arising out of this Agreement or related to the Site will be brought and resolved exclusively in courts of the Province of Ontario, Canada. Any dispute or proceeding under this Agreement must be conducted in the English language
11.4. Amendments. We reserve the exclusive right to modify or change this Agreement on occasion (“Amendments”), and we may do so at any time without notice. Any Amendments will be effective immediately upon posting and apply to all access and continued use of the Site. You are deemed to accept any Amendments through your continued access or use of the Site. You agree to periodically review this Agreement to ensure you are compliant with the most current terms.
11.5. Entire Agreement. This Agreement is the complete agreement between you and us, and supersedes all prior or contemporaneous understandings, negotiations and communication, whether oral or written, with respect to the subject matter hereof.
