Last updated: August 19, 2018
Please read these Terms carefully before using the Site AND/OR ANY SERVICE. you acknowledge your acceptance of these Terms By visiting or using the Site AND SERVICE. IF YOU do not agree to these terms, do not use the Site OR SERVICE.
Sinking Ship reserves the right to modify these Terms at any time, at its sole discretion. If Sinking Ship decides to change these Terms, Sinking Ship will post those changes here. We will also update the “Last Updated Date” at the top of these Terms. We encourage you to visit this section of the Site regularly in order to remain informed of any changes.
If you do not agree to any changes that have been made, you must immediately stop using the Site.
3. Automatic Updates and Upgrades
If downloaded one of our mobile applications, this section applies to you.
By downloading our app, you consent to the installation of the app and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the app. To request assistance in the removal or disabling of the app, please contact us at firstname.lastname@example.org.
4. Conditions of Use
Our Site and any of our Services are offered solely for your own personal, informational, or non-commercial use.
You represent and warrant that all information provided to us in relation to our online Services is true and accurate. You acknowledge and agree that content posted by you will be publically attributable to you.
You further acknowledge and agree that once you post content, it may not be possible to delete the content.
The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of linked content, which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings. We may or may not actively monitor postings on public forums. Similarly, we may or may not exercise editorial control over postings on any public forum.
5. Prohibited Use
In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Site or Services for any purpose not expressly authorized by these Terms and / or transmit or upload to the Site and Service content that in any form:
(a) constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes
(b) contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders or offline readers
(c) enables hacking or permits any automated device, program, tool (including but not limited to robot, bot, spider, deep-link, other data-mining or harvesting processes) or any manual process that in any way would facilitate access, or allow the acquisition, copying, or monitoring of any portion of the Site, including all data and networks, without the prior express written consent of Sinking Ship
(d) collects information about others, including but not limited to, users’ e-mails, passwords or other account information
(e) copies or distributes any part of the Site or Services in any medium without Sinking Ship’s prior written authorization
(f) reverse engineers or decompiles the software comprising or included in the Site
(g) attempts to gain access to unauthorized content, including content that has not yet been made available to the public
(h) modifies, reverse-engineers, disassembles, decompiles or stores any content, data or any portion of the Site, for any reason, including for the purpose of competing with Sinking Ship and its affiliates, or distributing content for a commercial use
(i) collects or harvests any personal information from the Site or a related Service, nor will you use communication systems provided by the Site and Service for any commercial solicitation purposes; and/or
(j) solicits, for commercial purposes, any users of the Site and Service.
Notwithstanding this section, Sinking Ship grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
7. Copyright and Intellectual Property
All information, content and materials made available by Sinking Ship through the Site or Service, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, service marks, logos, patents, trade names or other intellectual property or proprietary rights comprising the Site and Services, or any component or element of the Site and Service (collectively, the “Content”) is the exclusive property of Sinking Ship and its licensors and is protected by Canadian, U.S. and international copyright law.
Sinking Ship and its licensors retain all rights in the Content of this Site. The Content is provided to you AS IS for your informational, personal, non-commercial, non-competing use and may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, sold, licensed, performed or otherwise exploited in any form or by any means, for any purpose whatsoever, in whole or in part, without the prior written consent of the respective owner thereof.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with related features of the Site, Service or their security features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Service or the Content therein.
IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION OR OTHER LAWS (E.G. PROVINCE OF QUEBEC), THEN PARTS OF ALL OF THIS SECTION MAY NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY.
CERTAIN FEDERAL OR PROVINCIAL/TERRITORIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU WILL HAVE THOSE MINIMUM RIGHTS AVAILABLE TO YOU UNDER THAT CONSUMER PROTECTION LAW AND THE FOLLOWING PROVISIONS IN THIS SECTION WILL NOT APPLY TO YOU.
YOU AGREE THAT ALL CONTENT ON THIS SITE AND ANY RELATED SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND ALL USE OF THIS SITE AND SERVICE IS AT YOUR OWN RISK. SINKING SHIP DOES NOT GUARANTEE THE ACCURACY OF ITS CONTENT AND YOU AGREE TO ACCEPT ANY RISKS ASSOCIATED WITH THE USE OF THIS SERVICE ON AN ONLINE PLATFORM, INCLUDING, BUT NOT LIMITED TO, EXPOSURE TO VIRUSES, DAMAGING OR DISABLING CODE. SINKING SHIP DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF SINKING SHIP, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT SINKING SHIP DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE AND ANY RELATED SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SITE, SERVICE OR THE SERVER THAT THE SITE AND SERVICE ARE AVAILABLE ON ARE ERROR-FREE, INCLUDING DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE SITE, SERVICE AND ANY CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICE IS SOLELY AT YOUR OWN RISK.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND ANY RELATED SERVICE REMAINS WITH YOU.
You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SINKING SHIP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE SITE, SERVICE OR ANY CONTENT THEREIN (COLLECTIVELY, THE “INVOLVED PARTIES”) DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE INVOLVED PARTIES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE THE SITE, THE SERVICE, CONTENT OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE; OR (B) ANY OTHER MATTER RELATING TO THE SITE, SERVICE, CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
You shall release, defend, indemnify, and hold Sinking Ship and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Site or Services; or (ii) your violation of these Terms.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a court of competent jurisdiction in the City of Toronto, Province of Ontario, Canada.
12. Termination of Site and/or Service
Sinking Ship may discontinue at any time, without notice, the Site, Service, Content, materials, products and/or other services described on the Site or the availability thereof. Sinking Ship also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Site and/or Service with or without notice to you.
13. Entire Agreement; Severability
We may, from time to time, offer you the opportunity to participate in or use other special services, events, contests, and so forth, both on and off the Site. By participating in any such special service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Sinking Ship Entertainment Inc.
1179 King Street West, Suite 302
Toronto, ON, M6K 3C5