Last updated: September 27, 2018
These Terms of Use (“Terms”) govern your relationship with the website located at https://www.cya.live (the “WebSite”) as well as mobile applications or other online products and services (collectively, the “Service”) and applies to all visitors, registered users and others who access or use the Service. The Service is operated by CYA Inc. (“us”, “we”, “our” or “CYA”).
Please read these Terms carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms, our Acceptable Use Policy and our Privacy Policy (collectively, the “Agreement”). These Terms apply to all visitors, users and others who access or use the Service. Violation of these Terms may, in CYA’s sole discretion, result in suspension or termination of your access to the Service.
By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service. We may modify these Terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to our Service. You should look at the Terms regularly. If you do not agree to the modified Terms, you should discontinue your use of the Service.
BASIC TERMS
Use of Service. To use the Service, you represent that: (a) you are age of majority, or have the permission of your parent or guardian to use the Service who has reviewed the Service and the Agreement and agrees to your use and the Agreement on your behalf; (b) you agree to these Terms on behalf of yourself and your child(ren) who are authorized to use the Service pursuant to the Agreement; (c) you have the legal right and capacity to enter in to this Agreement in your jurisdiction; (d) you have not been previously banned by CYA from using the Service; and (e) you will not impersonate or misrepresent your identity or affiliation with another person or entity.
You will need compatible hardware, software and Internet access. You are responsible for paying any fees to connect to the Internet and app stores or for data or mobile usage to download and use the Service.
Your Account. In order to use our Service, you may create an account and provide us with certain personal information. This information will be used in accordance with our Privacy Policy. Creating an account is optional, and you may use our Service as a guest. You must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination or suspension of your account on our service. Please remember that when you provide information, it will be possible for others to see, copy or use that information.
You are responsible for maintaining the security of your device(s) and your account and you are responsible for any activity that occurs on or through your device(s) or your account, including purchases made using any payment instrument. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
If you permit someone else to access the Service on your device, you will assume complete responsibility for and will monitor any such use. You agree not to share an account with someone else, or transfer your account, in part or otherwise, to anyone else. You will not attempt to use or access another account.
Termination. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Agreement.
You may stop using the Service at any time. When you close your account, we will delete all information you provided to us, except: (a) to the extent you shared it with others as part of the Service and they copied or stored it; (b) for the reasonable time it takes to remove from backup and other CYA systems; and (c) to the extent required for CYA to comply with certain legal obligations. You can close your account by going onto your profile page on the site, then clicking the “delete account” button.
The Service is not a storage or backup service. You agree that we have no obligation to store, maintain or otherwise provide you with a copy of any information or content that you or any other user has provided. CYA will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure. You are encouraged to retain copies of any content you upload to the Service.
AUTHORIZED USE OF SERVICE AND LICENSE
Subject to your continued compliance with the terms and conditions of these Terms, CYA provides you with a revocable, limited, non-exclusive, royalty-free, non-sublicensable and non-transferable license to use the Service for your personal, non-commercial use. This license is revocable at any time without notice and without cause, at CYA’s discretion.
UNAUTHORIZED USE OF SERVICE
This license does not permit and does not include permission for downloading (except for components required for site viewing purposes), modifying, translating, disassembling, reproducing, copying, distributing, transmitting, displaying site content in any way, form or through any medium; republishing or re-broadcasting the site or its contents; reselling or using any portion of this site or its contents (including any type of product information) for commercial purposes, without the explicit written permission or authorization of CYA.
You may not use spiders, crawlers, robots, data mining or data collection techniques or other automated devices or programs to catalog, download, extract or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You will not otherwise attempt to derive the source code for the Service or any related technology or any part thereof.
You may not take any action to interfere with, or disrupt, the Service or any other user’s use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Service within another website. You may not resell use of, or access to, the Service to any third party without our prior written consent.
You may not use the Service for any illegal or unauthorized purpose and you agree to comply with all applicable laws and regulations, including without limitation, privacy laws, intellectual property laws and anti-spam laws.
INTELLECTUAL PROPERTY AND CYA CONTENT
The Service and all contents, including but not limited to text, images, scripts, graphics or code are the property of CYA (the “CYA Content”) and are protected by copyright, trademarks, database and other intellectual property rights. Some materials on the Service belong to third parties who have authorized Company to display the materials, such as certain third party licensors.
These Terms do not grant you a license to use any trademark of CYA or its affiliates. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the CYA Content or circumvent any technological protection measures that are used on the Service to restrict access to and/or use of the Service, in whole or part and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the CYA Content.
All rights not granted under these Terms and Conditions are reserved by CYA.
YOUR CONTENT
We may host fan reviews, message boards, blog feeds, social media feeds, live events and other forums on our Services. Our Service allows you to post, link, store, share and otherwise make available certain information, user comments, text, graphics, videos, scripts, sounds, music, videos, interactive features or other material (“Content”). You are responsible for the Content that you post or contribute to the Service, including its legality, reliability, and appropriateness. We do not guarantee any confidentiality with respsect to any Content you submit.
By posting Content to the Service, which right to submit you agree constitutes good and valuable consideration, you grant us a worldwide, royalty-free, perpetual, revocable, non-exclusive, transferable and sublicensable right and license to use, copy, host, store, modify, perform, display, reproduce, publish, translate, create derivative works from, transmit, distribute, publicly perform and publicly display such Content (in whole or in part) on and through the Service and/or to incorporate them into other works in any form, media, or technology, now known or later developed, for the full term of any rights that may exist in such content or information. You will not receive any compensation for this license.
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms.
The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You can end this license for specific content by deleting such Content except: (a) to the extent you shared it with others and they copied or stored it; (b) for the reasonable time it takes to remove from our backup and other systems; and (c) to the extent required for us to comply with certain legal obligations.
You represent and warrant that: (a) the Content is yours (you own it) or you have obtained all necessary rights or permissions required to use it, to make the Content available to us and to grant us the rights and license as provided in these Terms; (b) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (c) the Content is not contrary to the CYA Acceptable Use Policy, which may be updated from time to time, or contrary to applicable laws and regulations.
CYA is not responsible for any of the Content and we have no obligation to monitor or moderate this Content. We reserve all rights to block or remove Content, communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service. We assume no responsibility for the deletion of or failure to store any Content and we recommend that you do not post, display, or transmit any confidential or sensitive information. We reserve the right, but not any obligation, and in our sole discretion to remove Content for any reason without prior notice.
VIRTUAL LINE UPS
Some of our events may have a virtual line up. To join the lineup, simply purchase or reserve a ticket and your name will automatically be added to the virtual lineup in order of ticket purchase.
We offer this lineup for convenience and it is available “as is” and as “available”. We will not be responsible for any technical malfunctions that result in you losing your place in the line up.
NO IDEAS ACCEPTED
We do not accept any unsolicited ideas from outside CYA including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Service, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us and you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for CYA to utilize your submission, you hereby grant CYA an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
LINKS TO OTHER WEBSITES
The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
SERVICE AVAILABILITY AND DISCLAIMER
Although CYA intends for the Service to be available as much as possible, there will be occasions when the Service is interrupted, including, without limitation, for scheduled maintenance or upgrades, emergency repairs or due to failure of telecommunication links and/or equipment.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR DOWNLOADING AND USE OF THE SERVICES AND ANYTHING OBTAINED THROUGH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION, BRAIN SHOT CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CYA NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, SERVICE PROVIDERS OR AGENTS (COLLECTIVELY, THE “CYA PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CYA CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CYA OR VIA THE SERVICES. IN ADDITION, THE CYA PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE GIVEN BY CYA PARTIES OR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE SERVICE IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THE CYA PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CYA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CYA PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CYA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
YOUR USE OF THE SERVICE, ANYTHING OBTAINED THROUGH THE SERVICE, IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE’S OPERATING SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE CYA PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT AND THE RELIANCE, DETRIMENTAL OR OTHERWISE, UPON SAME.
INDEMNIFICATION
You agree to defend, indemnify and hold the CYA Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (a) your access to or use of the Services; (b) your breach or alleged breach of this Agreement; (c) your Postings, your feedback, or access to or use of the Site; (d) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (f) any misrepresentation made by you.
You will cooperate as fully required by CYA in the defense of any claim. CYA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of CYA.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE CYA PARTIES BE LIABLE TO YOU OR YOUR CHILDREN UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE CYA CONTENT; (C) ANY USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES INCLUDING ANY VIRTUAL LINEUPS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CYA PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CYA PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE CYA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CYA PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE TOTAL AMOUNT YOU PAID TO CYA IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CYA ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICES, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE CYA PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICES, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CYA PARTIES.
CYA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
GENERAL TERMS
Waiver. If you breach any of this Agreement and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.
Assignment. You may not assign, sub-license or otherwise transfer any of your rights under the Agreement.
Governing Law. The Agreement is governed by, and interpreted in accordance with, the laws of the Province of Ontario and the federal laws of Canada without regard to their conflicts of laws provisions. Any dispute relating to these Terms and/or the Service shall be resolved in the Ontario Superior Court of Justice, sitting in Toronto Ontario, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with the Service and/or these Terms, will be resolved individually, without resort to any form of class action.
Severability. If any provision of the Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of the Agreement will remain in effect. The Agreement constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Survival. The provisions concerning proprietary and intellectual property rights, user obligations, Content or submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of this Terms for any reason.
Privacy Policy and Acceptable Use Policy. Use of the Service is also governed by our Privacy Policy and Acceptable Use Policy, which are incorporated herein by reference.
Contact Us. If you have any questions about these Terms or the Agreement, please contact us at www.cya.live/contact