TERMS OF USE

These Website & Social Media Terms of Use are entered into between you and Blue Giant or its affiliated entities (referred to as “Blue Giant” or the “Company”). These terms and conditions (“Terms of Use”), govern your access to and use of Blue Giant’s websites, blogs, and social media sites (including, without limitation, the Blue Giant Facebook page and Twitter feed), and all related pages, information, databases, materials and online services (collectively and individually, the "Sites").

Please read these Terms of Use carefully before you start to use the Sites. By using and accessing any of the Sites, you acknowledge that the Sites are provided to you subject to these Terms of Use and you expressly agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. You further confirm that you are solely responsible for compliance with these Terms of Use and all other applicable laws and regulations. Your use of any of the Sites constitutes your express agreement to abide by these Terms of Use. If you do not agree to these Terms of Use, please promptly exit the Sites.

COPYRIGHT, TRADEMARKS AND CONTENT

The content and services of the Sites, including, without limitation, text, graphics and images, videos, trademarks, brands, logos and software (the “Content”), are protected by Canadian and all of the applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary laws. Title to the Content shall not pass to you or to any other user of the Sites, and instead shall remain with Blue Giant or a third-party holding title to the materials posted on the Sites.


Blue Giant’s name, the Company logo and all related names, logos, products and services, designs and slogans are trademarks of Blue Giant or its affiliates or licensors. You must not use such marks without the prior written consent of Blue Giant. All other trademarks on the Sites are the property of their respective owners. You are authorized to view, e-mail, download, or print copies of the Content, but only for your personal, non-commercial use. Unauthorized use of the Content may violate copyright, trademark, and other laws. Whenever you e-mail, download, or print copies of the Content, you must also include all copyright and other notices that are included in the Content, including any copyright notices at the bottom of the page.


The Content may not be reproduced, transcribed, stored in a retrieval system, translated into any natural or computer language, re-transmitted in any form or by any means (electronic, mechanical, photographic, recorded, or otherwise), resold, or redistributed without the prior written consent of Blue Giant. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. You may not “frame” this site or any of the content therein, and you agree not to copy any portion of this site to a server. You further agree not to display or use any Blue Giant names, logos or trademarks in any manner without Blue Giant’s prior written consent.


The use of the Content on any other website or in any other networked computer environment for any purpose is expressly prohibited, although you may provide HTML hyperlinks from your website or other social media platforms to this site, subject to these terms of use. You are hereby granted a non-exclusive, limited, and revocable license to link to this site. You agree not to present any links to this site in such a way that they are associated with advertising or appear to be an endorsement of any organization, product, or service. You agree not to place links to this site on any websites that a reasonable person would consider obscene, defamatory, harassing, grossly offensive, or malicious. Blue Giant reserves the right to revoke this license in totality, or your right to use specific links, at any time. If Blue Giant revokes this license, you agree to remove and disable any and all of your links to the Sites immediately.


If you use the Content in a way that is not clearly allowed by these terms and conditions of use, you may be violating copyright, trademark, and other laws. If such is the case, Blue Giant automatically revokes your permission to use this site, and Blue Giant shall be entitled to request that you immediately destroy any copies you have made of any portion of the Content. All rights not expressly granted by these terms and conditions are reserved.

 

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Blue Giant, a Blue Giant employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm Blue Giant or users of the Sites, or expose them to liability.

Additionally, you agree not to:

  • Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites.
  • Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
  • Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Sites.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
  • Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Sites.

DISCLAIMER

TO THE FULLEST EXTENT PROVIDED BY LAW, BLUE GIANT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT. BLUE GIANT MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING OR RELYING UPON THIS SITE OR THE CONTENT CONTAINED IN OR PROVIDED BY THE SITES. THEREFORE, YOUR USE OF THE SITES IS AT YOUR OWN DISCRETION.


BLUE GIANT PROVIDES THIS SITE AND THE CONTENT AND SERVICES HEREIN ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. BLUE GIANT, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. BLUE GIANT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CONTINUITY, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, VIDEOS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITES. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES ARE FREE OF COMPUTER VIRUSES OR ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

 

LIMITATION OF LIABILITY

Neither Blue Giant nor any person or company associated with Blue Giant shall be liable for any damages whatsoever resulting from your use or inability to use THE SITES or any content, services, or materials provided by or on THE SITES. This LIMITATION includes all claims, whether based on warranty, contract, tort, strict liability, or any other legal theory, and whether or not Blue Giant is advised of the possibility of such damages. This LIMITATION covers all losses, including, without limitation, direct, indirect, special, incidental, consequential, exemplary, and punitive damages; damages resulting from personal injury or wrongful death; lost profits; and damages resulting from lost data or business interruption.

 

LINKS TO OTHER SITES; ADVERTISEMENTS

The Sites may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Blue Giant of any content contained in or provided by such third-party websites. The Sites are not responsible for the content of linked third-party websites; we do not review, control, or monitor the materials on any third-party websites; and we do not make any representations regarding the content, accuracy, or legitimacy of materials on such third-party websites.
If you decide to access linked third-party websites from the Sites, you do so at your own risk. Your use of third-party websites is subject to the respective Terms and Conditions of Use for those third-party websites, including the respective Privacy Policies of those websites.


In the event the Sites elect to include advertisements by third parties, these advertisements may contain links to other websites. Unless otherwise specifically stated, the Sites do not endorse any product or make any representation regarding the content, accuracy, or legitimacy of any materials contained in, or linked to via, any advertisement on this site.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES

All information we collect on these Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

MOBILE DEVICES

Some mobile devices may not be capable of accessing the Sites in their entirety. Blue Giant is not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access any of the Sites using a mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with use of the mobile device.

GENERAL TERMS

UPDATING TERMS
Blue Giant reserves the right, at its discretion, to change, delete, and update portions of these Terms of Use or any other policies that govern use of the Sites at its discretion, including the Privacy Policy, at any time, for any reason, including the right to terminate access to the Sites or any part of the Sites. You should review these Terms of Use and the Privacy Policy periodically for changes, as they are binding on you. Any amendments and modifications by Blue Giant will be prospective, and unless otherwise provided in these Terms of Use or the Privacy Policy, will be effective upon being posted on one or more of the Sites. The Terms of Use can be accessed from the link at the bottom of web page accessible at www.bluegiant.com. Your continued access and/or use of any of the Sites after terms of these Terms of Use are amended or updated shall be deemed acceptance of all such changes.

REGISTRATION

If you register or provide personal contact information on the Sites, you agree to provide truthful, accurate, and reliable information about yourself. If you obtain a username and password in connection with your registration, you agree to safeguard the confidentiality of your password and agree that you will not disclose or share the password with any third parties. You are responsible for all activities that may occur under your username or password. You agree to safeguard the confidentiality of all content that is made available to you upon registration. Blue Giant reserves the right to revoke any registration with or without cause.

CONTACTS / SOLICITATIONS

In certain cases, users and other contributors of content might post their email address or other contact information on the Sites. The contact information is to be used only for purposes of contacting that individual to discuss the content that they posted. You may not contact those individuals or any employees of Blue Giant for commercial purposes in any manner without the prior written consent of Blue Giant.

SEVERABILITY AND WAIVER

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. Failure to exercise or delay in exercising any right, power or privilege by Blue Giant under these Terms of Use shall not constitute any waiver or modification of these Terms of Use by Blue Giant.

INDEMNIFICATION

In consideration of your use of the Sites, you hereby agree to indemnify, defend, and hold harmless the Blue Giant, its affiliates, licensors, and service providers, and its and their respective officers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, losses, liabilities, awards, judgments, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your breach of these Terms of Use, your violation of law, or your violation or threatened violation of any person's or entity's rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to User Content or otherwise).


INCORPORATED TERMS

Additional terms and conditions may apply to specific locations on the Sites or other services offered by Blue Giant. All such terms and conditions are incorporated herein by reference and shall be binding upon all users.

GOVERNING LAW

Unless stated otherwise or required by applicable law, these Terms of Use, Privacy Policy and all non-contractual obligations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflicts of law provisions.


ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy, along with all incorporated terms identified under “Incorporated terms” – contains the entire agreement between you and Blue Giant with respect to the Sites. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms of Use. Terms that by their nature are intended to survive the termination, cancellation, or expiration of these Terms of Use shall survive.