Terms of Use

Last Modified: September 3, 2013

Legal Agreement

These Terms of Use ("Terms") constitute a legal agreement between Brabeia Inc. ("Brabeia "), the owner of the Brabeia entertainment.ca, Brabeia entertainment.com, Brabeia.com and Brabeia.ca websites (the "Websites"), including any and all software or related applications available on the Websites, and you.

BY USING THE WEBSITES, YOU ARE AGREEING TO BE BOUND BY BRABEIA ’S TERMS OF USE. EACH TIME YOU ACCESS AND USE THE WEBSITES, YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS SET OUT BELOW.

IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR DO NOT WISH TO BE BOUND BY THE TERMS THEN DO NOT ACCESS OR USE THESE WEBSITES.

Acceptance

By accessing and using the Websites, you are signifying your acceptance of these Terms.

Purpose

The purpose of these Websites is to provide you with access to the Websites so that you can enter our contests, access other product offerings, and browse information concerning Brabeia and any of our contest advertisers.

All information and content provided on the Websites is for contest entrants and or for users accessing other product offerings and browsing information and is not intended to be used by any user of the Websites for any other commercial purposes in any manner without the express written permission of Brabeia.

Right To Change Terms

Brabeia reserves the right to add to, remove, update and or otherwise change any part of the Terms from time to time without notice and such amendments or changes shall be effective as of the date in which they are posted on the Websites. You should check the terms and conditions frequently for changes by checking the date this page was last updated at the top of the page. Your continued access and use of the Websites after the date of changes signifies your acceptance of the revised Terms.

Right to Terminate or Suspend Websites

Brabeia may terminate, change, suspend or discontinue any aspect of the Websites at any time without notice including, but not limited to: (a) the availability of a contest; (b) advertising; (c) features available on the Websites; (d) add, remove, modify or otherwise change content of the Websites; (e) impose limitation on certain features; or (f) restrict access to all or parts of the Websites. Brabeia reserves the right, but has no duty or obligation, to correct any errors or omissions in any portion of the Websites.

Intellectual Property and Ownership

With the exception of third party advertising or third party links, Brabeia owns exclusively all information and screens appearing on the Websites, including all designs, graphics, text elements, site design, logos, images, buttons, and icons. Brabeia also exclusively owns the selection, assembly, and arrangement of all information and screens appearing on the Websites, including any and all intellectual property rights, such as copyright, trademarks, and other proprietary information. All third party advertising belongs to the respective owner and shall not be used by a user for any purpose without the express written permission of the respective owner. The look and feel of the Websites is copyright © 2013 Brabeia. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without the express written permission of Brabeia. The Websites and any technology embedded in or accessible through the Websites is owned by Brabeia or a third party licensor. You may use the Websites and any technology embedded in or accessible through the Websites only for the purposes permitted in these Terms. For the sole purpose of entering our contests, Brabeia provides you with a limited license to use Brabeia’s Augmented Reality Application ("AR App"). The AR App is owned by Brabeia and may not be used for any other purpose. Brabeia and its logo are the property of Brabeia. Certain other trademarks, trade names and logos on the Websites and on any products or services Brabeia offers through the Websites, including any software available for download ("Website Materials"), are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the Websites. All content, except user content, that forms part of the Websites is subject to intellectual property rights, including copyright and trademarks held by or licensed by Brabeia. All rights are expressly reserved. The Websites display copyright and other proprietary notices. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including images, text, and page layout, or use any meta tags or any other hidden text utilizing our name or trademarks without the express written permission of Brabeia.

You may not use any Brabeia logo or other proprietary graphic or trademark design as part of any link without the express written permission of Brabeia.

Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect these Websites. Unauthorized reproduction of the Websites, or any portion of the Websites, may result in severe civil and criminal law penalties.

You agree not to challenge or assist others to challenge any Brabeia marks and or registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to any Brabeia marks. Brabeia respects the intellectual property of others and we ask our users to do the same.

Unauthorized Use of Websites

You agree that your use of the Websites is subject to the following restrictions. In the event that you breach any of the restrictions of use, Brabeia has the right to immediately suspend your access to the Websites.

You must not modify, adapt or hack the Websites or modify another website so as to falsely imply that it is associated with the Websites and Brabeia.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Websites, use of the Websites, or access to the Websites without the express written permission of Brabeia.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages on the Websites.

You must not transmit any worms or viruses or any code of a destructive nature through the Websites.

You must not use or post any third party content on the Websites.

You must comply with Brabeia’s linking requirements if you link to any website owned or controlled by you. The linking requirements are as follows:

(i) the link must be established to a page of the website approved by Brabeia;

(ii) the link may not misrepresent your relationship with Brabeia or present false or misleading impressions about Brabeia or its services and/or Websites;

(iii) the link may not contain content that may be interpreted as distasteful or offensive;

(iv) Brabeia shall have no responsibility or liability for any content appearing on your website;

(v) Brabeia may at any time, in its sole discretion, immediately terminate your link to your website, with or without cause. If Brabeia exercises this right to terminate, you will immediately remove all links to your website.

Except in accordance with these Terms, you must not use any frame or mirror of any content or images from the Websites to any other server or Internet-based device or use of any images, including the use of thumbnails, copying, saving or recreating images or thumbnails, for any other purpose outside the Websites without the express written permission of Brabeia is strictly prohibited.

You as a user are strictly prohibited from selling, transferring, copying, distributing, redistributing, recompiling the Websites without the express written permission of Brabeia.

You must not use any information or material from the Websites in any manner or engage in any activities including any and all use of the trademarks or copyright works contained on the Websites that infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

You do not acquire any right, title or interest in the Websites through use of the Websites and you agree to abide by copyright and other proprietary notices contained in the Websites.

You must not distribute to or otherwise disseminate through the Websites or any material or information of any kind that is libelous, defamatory, obscene, pornographic, and abusive or otherwise violates any law or infringes or violates any rights, including intellectual property rights, of any other person or entity.

You must not use the Websites to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items.

You must not provide information or participate in activities that will result in the transfer to our Websites of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of our Websites’ systems, programs, content, information or applications or use tracking and or monitoring of functionality in connection with the Websites, including, without limitation, to identify other users’ views, actions or other activities on the Websites.

You must not bypass any measures that we have taken to restrict access to the Websites without our express written consent and you shall not engage in activities that would interfere with the operation of the Websites or Websites activities.

You must not deep link or employ software or any automatic device, technology or algorithm that use any robot, spider, scraper or other automated means to access the Websites.

You must not impose an unreasonable load on our Websites infrastructure that would affect the operation of the Websites.

You must not advertise to, or solicit to buy or sell any products or websites through the unauthorized or impermissible use of the Websites or to send unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications through the Websites.

You must not circumvent or modify or attempt to circumvent or modify or encourage or assist any third party in circumventing or modifying any security technology or software that is part of the Websites or to cover or obscure online advertisements or safety features of pages of the Websites.

You must not attempt to impersonate another user, person or entity or Brabeia representative in your use of the Websites or attempt to sell or otherwise transfer your rights to another third party.

You must not use or distribute any information from the Websites to or attempt to harass, abuse or harm another person or entity.

You must not use any computer program or system to harvest information including addresses or other data of users from the Websites for any purpose unrelated to the Websites.

You must not directly or indirectly engage in activity such as click throughs in a coercive, misleading, malicious or fraudulent manner.

You must not upload, download, post, email or otherwise transmit content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate local, provincial, federal or international law or infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of third party or contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You must not use JavaScript, active or other coding, make repetitive posts or other actions that interfere with the Websites’ operations.

You must not post content that violates this Agreement or disrupts or interferes with the security of, or otherwise abuse, Websites and Website Materials, system resources, accounts, servers, or networks connected to or accessible through the Websites.

You must not access, tamper with or use non-public areas of the Websites or disrupt or interfere with any other user’s enjoyment of the Websites.

You must not knowingly disable any such technology or tool embedded in the Websites. You may not remove any copyright or other proprietary notices contained in the content on the Websites, caption information, or any other material on the Websites.

Liability, Warranties, Representations and Indemnification

Your use of the Websites is at your sole risk. The Websites are provided on an "as is" and "as available" basis and Brabeia disclaims any and all other warranties and representations including that. Specifically, Brabeia does not warrant that (i) the Websites will meet your specific requirements, (ii) the Websites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Websites will be accurate or reliable, (iv) the quality of any products, websites, information, or other material purchased or obtained by you through the Websites will meet your expectations, and (v) any errors in the Websites will be corrected.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BRABEIA BE LIABLE FOR ANY GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITES. SOME PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALTHOUGH CERTAIN PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, BRABEIA RELIES ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.

To the extent permitted by the laws of your jurisdiction, you agree to indemnify Brabeia from and against all claims, liability and expenses, including legal fees and costs, arising from any unauthorized use of the Websites by you or from a substantial breach of these Terms. Brabeia reserves the right, in its sole discretion and at its own expense, to defend any action or claim and you agree to co-operate fully with any such defense.

Termination

Any breach of these Terms by you will result in your right to use the Websites being terminated. The obligations in these Terms survive such a termination.

Third Party Advertisers

These Websites may contain links from other third party websites and all such websites are independent of the Websites. Brabeia has no control over these third party websites and assumes no responsibility or obligations for such third party websites. The provision of such links does not constitute any endorsement of such linked websites, their content or information appearing on the Websites or any products.

Privacy

In your use of the Websites, you agree to abide by our Privacy Policy, available at Brabeia.com. Our Privacy Code is available at Brabeia.com. You also agree that Brabeia will collect and use your personal information in accordance with our Privacy Policy.

Waiver

The failure of Brabeia to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and Brabeia and govern your use of the Websites.

Jurisdiction

The Websites can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing this Websites, you agree that all matters relating to access to, or use of, the Websites, or any other hyperlinked Websites shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.

Severability

In the event that any term or condition in these Terms is found invalid by a court of competent jurisdiction, the invalid term or condition is severed and the remaining terms and conditions continue in full force and effect.

Contact Information

Questions about the Terms should be sent to info@brabeia.com.