Terms Of Service
These Terms and Conditions of Service are effective as of March 3, 2019.
These Terms and Conditions of Service (the “Terms of Service”) apply to your use of the websites located at www.drakejensen.ca and www.drakejensen.com the official sites of Drake Jensen and any website operated by Soaring Eagle Productions. (referred to in these Terms of Service as “SEP”, “we”, “us” and “our”) or its affiliates or subsidiaries on which these Terms of Service are posted (collectively, the “Site”), and any services, content or applications made available on the Site (the Site and these services, content and applications collectively constituting, the “Service”). These Terms of Service represent a binding contract between you and SEP. Regardless of how you use the Service, you must agree to the terms set forth in these Terms of Service, and by using the Service you agree to be bound by these Terms of Service. If you do not agree to any of the terms in these Terms of Service, do not access, visit or use the Service.
Notice Regarding Dispute Resolution: These Terms of Service contains provisions that govern how claims you and we may have against each other are resolved (see Section 13 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 13(e). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Occasionally we may, in our discretion, make changes to these Terms of Service. When we make material changes to these Terms of Service, we’ll provide you with prominent notice as appropriate under the circumstances, for example, by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes become effective will constitute your acceptance of the changes. Please therefore make sure you review any applicable changes carefully. If you do not agree to the revised Terms of Service, you should stop using the Service.
In connection with your use of the Service, please review our Privacy Notice located at https://drakejensen.ca/privacy . If you do not want your information used as outlined in our Privacy Notice you should not use the Service.
By using the Service, you represent and warrant that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we may contact you about changes to these Terms of Service or other important information; (c) your use of the Service will not violate any applicable law or regulation; (d) you are 13 years of age or older; (e) you will comply with the obligations and restrictions set forth in these Terms of Service; and (f) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.
You represent and warrant that, while using the Service, you will not:
(a) impersonate or misrepresent your affiliation with any other person or entity;
(b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information or other material);
(c) engage in spamming or otherwise send unsolicited commercial communications, or interfere with or disrupt the Service or the networks or services connected to the Service in any other way;
(d) install or attempt to install or promote spyware, malware or other computer code, to enable you or others to gather information about or monitor activities of other persons, or otherwise attempt to gain unauthorized access to other computer systems through the Service;
(e) use the Service for any unauthorized purpose;
(f) modify the Materials (as defined below) or use them for any commercial purpose, or any other public display, performance, sale, or rental;
(g) decompile, reverse engineer, disassemble, sell, sublicense, or created derivative works from the Service; or
(h) remove any copyright notice or other proprietary notices.
The Service and its entire contents, including, but not limited to, the trademarks, service marks, logos, text, information, material, software and graphics contained on the Service, are owned by us, our affiliates or our or their licensors or licensees (collectively, the “Materials”). As a user of the Service, we grant you a non-exclusive, non-transferable, revocable, limited license to use the Service and Materials. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. We make no proprietary claim to any third-party content, names, trademarks or service marks appearing on the Service, which are the properties of their respective owners. The Service and the Materials are for your information and personal use only and not for commercial exploitation by you. We reserve all rights not expressly granted in this Agreement.
In addition to the terms and conditions of this Agreement, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by specific rules that are separate from these Terms of Service. By participating in an applicable Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. SEP urges you to review any specific rules applicable to a particular Promotion, which will be linked from the applicable Promotion, and to review our Privacy Notice which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control with respect to the particular Promotion.
We reserve the right, but do not undertake the obligation, to (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (d) screen our users, or attempt to verify the statements of our users; and/or (e) monitor disputes between you and other users or to terminate or block you and other users from violating these Terms of Service. We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
As permitted by applicable law, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO RESTRICT OR TERMINATE YOUR ACCESS TO THE Service OR ANY FEATURE OR PART OF IT, OR TO CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THIS Service FOR ANY REASON OR NO REASON AT ALL, AT ANY TIME, WITH OR WITHOUT NOTICE. We further reserve the right to seek all remedies available at law and in equity for violations of these Terms of Service.
You agree to defend, indemnify and hold us, the Artists, and our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service, including, without limitation, your breach of these Terms of Service or any allegation that any materials you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party. You will not be required to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, or expenses resulting from our own negligent conduct.
To the extent permitted by applicable law, the Service, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS, are PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE Service, the Materials OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT THE Materials or CONTENT WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THE Service, OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE Service WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE Service SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE Service, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE Service.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE of the service IS AT YOUR OWN RISK AND, to the extent permitted by applicable law, THAT IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE Service OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED TO IT, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL WE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE Service.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
These Terms of Service are between you and us. There are no third-party beneficiaries to these Terms of Service.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.
We may transfer, assign or delegate these Terms of Service and our rights and obligations without consent.
These Terms of Service supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service, the Service’s contents and any services provided on the Service. In the event of any conflict between these Terms of Service and any other agreement or understanding related to the Service, these Terms of Service shall control.