Last Updated: April 12, 2018
USER LICENSE AGREEMENT
EVENTCAMP.CA.ca Inc. makes available its proprietary EVENTCAMP.CA software application to subscribers who agree to the terms and conditions set out in this EVENTCAMP.CA User License Agreement (also referred to as this "Agreement").
The EVENTCAMP.CA Software, as defined herein, must be used in accordance with the terms and conditions set out in this Agreement and any amendments hereto, and is made available as an event registration, planning, and delivery assistance tool only and does not guarantee results of any kind.
THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU CLICK THE "REGISTER" BUTTON BELOW AND CONSTITUTES A LEGALLY BINDING AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT IN THIS EVENTCAMP.CA USER LICENSE AGREEMENT THEN YOU MAY MAKE NO FURTHER USE OF THE EVENTCAMP.CA WEBSITE OR THE EVENTCAMP.CA SOFTWARE.
IF YOU ARE SUBSCRIBING ON YOUR OWN BEHALF, YOU REPRESENT AND WARRANT TO EVENTCAMP.CA.ca INC. THAT: (I) YOU ARE OF THE OLDER OF THE AGE OF MAJORITY IN YOUR JURISDICTION OR EIGHTEEN YEARS OF AGE AND HAVE CAPACITY TO ENTER INTO THIS AGREEMENT, (II) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND (III) YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT.
IF YOU ARE ALSO SUBSCRIBING ON BEHALF OF YOUR EMPLOYER OR ANOTHER CORPORATE ENTITY OR PERSON WHOM YOU LAWFULLY REPRESENT, YOU REPRESENT AND WARRANT TO EVENTCAMP.CA INC. THAT:
(I) YOU HAVE FULL LEGAL CAPACITY AND AUTHORITY TO BIND YOUR EMPLOYER OR THE APPLICABLE CORPORATE ENTITY OR PERSON TO THESE TERMS AND CONDITIONS;
(II) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT;
(III) YOU HAVE ADVISED YOUR EMPLOYER OR SUCH OTHER CORPORATE ENTITY OR PERSON OF THESE TERMS AND CONDITIONS AND MADE A COPY AVAILABLE TO THEM IN ADVANCE OF ACCEPTING THIS AGREEMENT (BY GOING TO THE EVENTCAMP.CA WEBSITE AND PROVIDING SUCH PERSON WITH A PRINTED COPY OF THIS AGREEMENT),
(IV) YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT AS THEIR AUTHORIZED AGENT OR REPRESENTATIVE, AND;
(V) YOU SHALL ALSO BE BOUND BY THIS USER LICENSE AGREEMENT AS A LEGALLY BINDING AGREEMENT. IF YOU ARE UNABLE TO MAKE THESE REPRESENTATIONS AND WARRANTIES TO EVENTCAMP.CA INC., YOU ARE PROHIBITED FROM ACCEPTING THIS AGREEMENT AND MAKING ANY FURTHER USE OF THE EVENTCAMP .CA SITE OR THE EVENTCAMP .CA SOFTWARE. ANY REFERENCES TO "YOU" IN THIS AGREEMENT INCLUDES BOTH YOU AND YOUR EMPLOYER OR SUCH OTHER CORPORATE ENTITY OR PERSON ON WHOSE BEHALF YOU HAVE ENTERED INTO THIS AGREEMENT.
1.0 - AMENDMENTS
1.2 Changes to EVENTCAMP.CA Software. EVENTCAMP.CA Inc. reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise amend or make adjustments to the EVENTCAMP.CA Software ("Updates"), including without limitation with respect to its features and functionality, from time to time, without notice to you. While EVENTCAMP.CA Inc. will take reasonable steps to ensure the continued availability of the EVENTCAMP.CA Software, it does not warrant that any such Updates will work on particular devices or that any features or functionality previously-then in use by you will remain available or in effect. Unless EVENTCAMP.CA Inc. explicitly states otherwise, any such Updates (whether or not any new features or functionality are included) shall be subject to this EVENTCAMP.CA User License Agreement.
2.0 Role of EVENTCAMP.CA Inc.
2.1 Third Party Service Provider – LIMITATION OF LIABILITY.
AS EITHER AN EVENT HOLDER ACCOUNT USER (OR THEIR EVENT COORDINATOR ACCOUNT USER) OR AN EVENT REGISTRANT ACCOUNT USER, YOU ACKNOWLEDGE AND AGREE THAT EVENTCAMP.CA INC. IS MERELY A THIRD PARTY SERVICE PROVIDER MAKING EVENT PLANNING SOFTWARE AVAILABLE FOR USE ON A SUBSCRIPTION BASIS AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY EVENTS HELD OR TO BE HELD BY YOU OR TO BE ATTENDED BY YOU WHICH USE OUR SOFTWARE OR OUR SERVICES.
WHILE EVENTCAMP.CA Inc. TAKES REASONABLE STEPS TO PROVIDE QUALITY SERVICES AND A QUALITY PRODUCT FOR USE BY AUTHORIZED SUBSCRIBERS, ALL USES OF THE EVENTCAMP.CA SOFTWARE AND OUR SERVICES ARE AT THE SOLE AND EXCLUSIVE RISK OF THE USER.
ALL EVENTS USING, FEATURED OR PROMOTED THROUGH THE USE OF EVENTCAMP.CA BY EVENT HOLDERS OR ON THEIR BEHALF ARE THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE NAMED EVENT HOLDER AND YOU AS THE SUBSCRIBER.
ALL EVENTS FEATURED OR PROMOTED THROUGH THE USE OF THE EVENTCAMP.CA SOFTWARE MAY BE SUBJECT TO ADDITIONAL TERMS AS SET BY THE EVENT HOLDER.
SEE EVENT DETAILS FOR SUCH ADDITIONAL TERMS OR LINKS TO SAME. ALL EVENT HOLDERS AND THEIR AUTHORIZED SUBSCRIBER REPRESENTATIVES AND EVENT COORDINATORS REPRESENT AND WARRANT TO EVENTCAMP.CA INC. THAT ALL OF THEIR ADDITIONAL TERMS (INCLUDING WITHOUT LIMITATION RESTRICTIONS, CANCELLATION AND RETURN POLICIES) SHALL BE DETAILED BY THE EVENT HOLDER AS PART OF THE EVENT DETAILS FEATURED THROUGH THE EVENTCAMP.CA SOFTWARE MADE AVAILABLE TO REGISTRANTS.
EVENTCAMP.CA Inc. IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONDUCT, CONTENT POSTED IN CONNECTION WITH ANY EVENT, EVENT OPERATION, EVENT SUCCESS OR OUTCOMES, NOR EVENT CANCELLATION AND EVENTCAMP.CA Inc. MAKES NO REPRESENTATIONS OR WARRANTIES EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
EVENTCAMP.CA INC. DOES NOT COLLECT FEES FROM REGISTRANTS IN CONNECTION WITH THEIR REGISTRATION TO ATTEND A LISTED OR FEATURED EVENT. FEES ARE COLLECTED THROUGH THE EVENT HOLDER’S DEDICATED GATEWAY PROVIDER AND MERCHANT ON RECORD ACCOUNT.
ALL REQUESTS FOR REFUNDS OR REIMBURSEMENTS FOR FUNDS PROCESSED BY EVENTCAMP .CA INC. SHALL BE MADE DIRECTLY TO THE EVENT HOLDER AND EVENTCAMP .CA INC. SHALL HA VE NO RESPONSIBILITY OR LIABILITY FOR THE PROCESSING OF PAYMENT OR REFUNDS AS ALL SUCH FUNDS BELONG TO THE EVENT HOLDER AT THE POINT OF COLLECTION.
PLEASE NOTE THAT EVENTCAMP.CA INC. SHALL DEBIT ITS FEES PAYABLE BY THE EVENT HOLDER AT THE POINT OF COLLECTION AND PRIOR TO TRANSMISSION TO THE EVENT HOLDER, AND ANY REFUND WHICH MAY BE GRANTED BY THE EVENT HOLDER MAY BE LESS ANY EVENT CAMP FEES.
ALL REGISTRANTS ARE ADVISED TO SEE EVENT HOLDER REFUND DETAILS FOR FURTHER INFORMATION PRIOR TO REGISTERING FOR A LISTED OR FEATURED EVENT.
SHOULD THE EVENT HOLDER CANCEL THE EVENT FOR ANY REASON, MONIES OR FEES OF ANY KIND OR NATURE MAY BE REFUNDED THROUGH EVENTCAMP.CA INC. BUT IS THE SOLE RESPONSIBILITY OF THE EVENTH HOLDER, BASED ON FUNDS AVAILABLE THROUGH THE EVENT HOLDER.
3.0 Accounts, Grant of License
3.1 EVENTCAMP.CA Account Types. The EVENTCAMP.CA Software and its services are made available by logging in through the EVENTCAMP.CA website; subscriptions for the EVENTCAMP.CA Software are on a pay-for-service or pay-per-event basis, all as detailed at the time of account subscription. In order to use the EVENTCAMP.CA Software, whether in connection with an event to be hosted or to register to attend a featured event, an account is required. EVENTCAMP.CA. Inc. offers two main types of accounts, both of which are covered by all of the terms and conditions of this Agreement, namely: (i) Event Holder Accounts, and (ii) Event Registrant Accounts. EVENTCAMP.CA Inc. also offers an event coordinator account subscriptions for use by authorized event coordinators which can be linked to Event Holder Accounts; event coordinator accounts will not have access to the EVENTCAMP.CA Software or any functionality unless linked to Event Holder Accounts through the issuance and acceptance of an electronic invitation. Event coordinator accounts shall be bound by the terms of this User Agreement.
Registering to attend an event featured on EVENTCAMP.CA is free and easy, though a user account is required in order to properly track information and to allow the registered event holder to communicate as necessary with event registrants.
3.2 Limited License. In connection with your subscription, EVENTCAMP.CA Inc. hereby grants to you a geographically limited, non-exclusive, personal and non-transferable license to use the EVENTCAMP.CA Software, in executable form only, solely for your own personal use or internal business use, as the case may be, in connection with your registered event or to allow you to register to attend a featured event, only and all on the terms and conditions set out in this Agreement. EVENTCAMP.CA Software may not be used, licensed or exploited for any purpose or any event beyond the registered event and not under any circumstances for third party benefit. Third party use, sublicensing or any resale of any license rights is expressly prohibited.
3.3 Rights Reserved. Any rights not expressly granted in this EVENTCAMP.CA USER LICENSE AGREEMENT are hereby reserved.
4.0 User Account
4.2 Account Information. For all account holders, you agree to provide accurate, complete and up to date information when you register for your user account and to keep such information up to date and accurate on an on-going basis during the term of your subscription. You agree that EVENTCAMP.CA.ca may store and use the registration data you provide in order to administer your account and for payment processing purposes.
As an EVENTHOLDER, you acknowledge and agree that your use of the EVENTCAMP.CA Software shall be through the Event Holder's account, that you shall be responsible and liable to the Event Holder as well as to EVENTCAMP.CA Inc. for your uses of the Event Holder's account, and that all of your use and activities using the EVENTCAMP.CA Software may be monitored by and or be accessible to the Event Holder.
As an Event Registrant, you acknowledge and agree that all information that you provide to EVENTCAMP.CA Inc. will also be transmitted to the Event Holder, excepting any credit card information which is processed through our system.
For all account holders, you are entirely responsible for maintaining the accuracy and confidentiality of your account information, and for all activity concerning your account. Event Holder account holders specifically acknowledge and agree that they are responsible for all uses of their account, including without limitation by event coordinators.
For all account holders, you agree to notify EVENTCAMP.CA Inc. immediately if you become aware of any unauthorized use of your account.
4.3 Use of Own Information. You acknowledge that only you may use your user name and password and your subscription account and that you may not at any time, impersonate or otherwise use the account information of any third party.
4.4 Account Instructions, EVENTCAMP.CA Fees and Non-Payment. You agree that EVENTCAMP.CA.Inc. may regard any instructions to be from you if they are received from or issued using your subscription account. For certainty, and without limiting the foregoing, any products or services, once subscribed for, are non-refundable.
Should EVENTCAMP.CA Inc. be responsible for the processing of event registrant payments, EVENTCAMP.CA shall deduct its full fees together with any charges and applicable taxes from registrant payments prior to transmission of same to you, the Event Holder.
In the event a refund is required by the event registrant for any reason, the Event Holder account registrant hereby acknowledges and agrees that he/she/it is solely and completely responsible for the refund of same which shall be made forthwith upon request and made in accordance with the event details for the specified event.
EVENTCAMP.CA.Inc. shall be paid in accordance with the terms outlined at the time of your services subscription for the specified services or event. EVENTCAMP.CA Inc. shall charge interest on all overdue amounts at the commercial lending rate of the Bank of Canada plus two (2%) percent on a monthly basis. EVENTCAMP.CA.ca Inc. reserves the right to suspend or terminate a subscription account for failure to pay any amount to EVENTCAMP.CA Inc. when due. EVENTCAMP.CA Inc. is not responsible or liable for lost data due to account suspension or termination.
4.5 Use Limitations. Access to and use of the EVENTCAMP.CA Software is made available on an online basis and as such is dependent upon your use of computer hardware to access the EVENTCAMP.CA website and access to the internet. You alone bear any costs for any such hardware and costs and risk for access to and use of the internet, including without limitation with respect to data access and/or roaming charges. EVENTCAMP.CA Inc. is not responsible or liable for any such fees, costs or charges. Also, EVENTCAMP.CA Inc. shall not be liable or responsible for any loss, costs, damages or any other harm of any kind resulting from any service interruptions, network interruptions or other failures or interruptions relating to the EVENTCAMP.CA Software.
4.6 Links. The EVENTCAMP.CA Software may contain hyperlinks to third party websites, content, resources or services. Such links do not constitute an endorsement by EVENTCAMP.CA Inc., and EVENTCAMP.CA Inc. has no control over third party content. When you access third party websites, products and services, you do so at your own risk.
4.7 Personal Information. EVENTCAMP.CA Inc. respects a subscriber's right to control his or her personal information and has obligations pursuant to the Personal Information Protection and Electronic Documents Act of Canada. EVENTCAMP.CA Inc., as a third party service provider, collects registrant information on behalf of the Event Holder and accordingly, all registrant personal information shall be transmitted to the registered Event Holder. In addition, for any event coordinator accounts, all uses of the EVENTCAMP.CA Software in connection with the Event Holder's account shall be open to monitoring by the Event Holder. Otherwise, EVENTCAMP.CA Inc. will use any personal information provided by you to establish, maintain and administer your Account and to provide the event services requested. To the extent that credit card information is directly connected by EVENTCAMP.CA Inc., EVENTCAMP.CA Inc. will not disclose any credit card information processed directly through EVENTCAMP.CA Inc. to the Event Holder or any other third party unless required or permitted by law. EVENTCAMP.CA Inc. will otherwise disclose your personal information only with your consent or where required or permitted by law. EVENTCAMP.CA Inc. will not otherwise use or disclose personal information except as noted herein. WHERE YOU ARE DESIGNATED AS EITHER AN EVENT REGISTRANT OR AN EVENT COORDINATOR, YOU ACKNOWLEDGE THAT YOUR PERSONAL INFORMATION WILL BE PROVIDED TO THE EVENT HOLDER ACCOUNT HOLDER.
IF YOU HAVE REGISTERED FOR AN EVENTCAMP.CA ACCOUNT ON BEHALF OF AN EMPLOYER, CORPORATION OR OTHER PERSON, YOUR ACCOUNT INFORMATION (INCLUDING PERSONAL INFORMATION) MAY BE PROVIDED TO SUCH EMPLOYER, CORPORATION OR OTHER PERSON UPON REQUEST.
4.8 Termination. EVENTCAMP.CA Inc. reserves the right to terminate your subscription account for failure to comply with the terms and conditions of this Agreement, for failure to pay any amount due to EVENTCAMP.CA Inc. when due, or any failure to comply with any policies established by EVENTCAMP.CA Inc. from time to time. EVENTCAMP.CA also reserves the right to terminate any subscription account should it deem the account to be inactive for any reason or should it choose to no longer offer this service at any time.
5.0 Use Restrictions
5.1. Use Restrictions and Policies. You acknowledge that EVENTCAMP.CA Inc. may from time to time set out use restrictions and use policies in addition to those restrictions posted in this Agreement, all of which shall be deemed to form part of this Agreement.
5.2. Code of Conduct. While using the EVENTCAMP.CA Software, you agree that you shall comply with all applicable laws, rules and regulations, and that you will not:
(a) Use the EVENTCAMP.CA website or EVENTCAMP.CA Software for any unlawful or improper purpose;
(b) Use any false e-mail address or contact information when communicating with EVENTCAMP.CA or any Event Account Holder, Event Registrant or potential registrant for any event which utilizes or is featured on EVENTCAMP.CA;
(c) Impersonate any person or entity or otherwise mislead as to your identity, your connection with any entity, your event, or for any other purpose;
(d) Express or imply that any event, any statements you make or content you produce is connected to EVENTCAMP.CA Inc. or endorsed by us, without our prior written consent;
(e) Transmit or include (a) any content or information that is threatening, unlawful, fraudulent, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's privacy, publicity or intellectual property rights; (b) any material, non-public information about any person without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, investment opportunities or other unsolicited commercial communication excepting attendance at your event;
(f) Use any of our trade-marks, graphics, logos, or otherwise, or those of any third party, without our and their prior written consent;
(g) Remove any copyright, trade-mark or other proprietary rights notices contained on the EVENTCAMP.CA site or on the EVENTCAMP.CA Software, or on any of our materials;
(h) Copy, reproduce or reverse engineer the EVENTCAMP.CA Software, in whole or in part; (i) Harass other subscribers or registrants;
(j) Restrict or inhibit any other person from using the site or the EVENTCAMP.CA Software including without limitation by means of hacking;
(k) Introduce any virus of any kind, or deface any portion of the EVENTCAMP.CA site or the EVENTCAMP.CA Software, nor transmit any software or other material that contain any viruses, worms, Trojan horses, defects or other items of a destructive nature; nor
(l) Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the EVENTCAMP.CA site or the Event Camp Software or its contents.
IF YOU FIND ANY MATERIALS ON EVENTCAMP.CA THAT YOU BELIEVE VIOLATE OR ARE INCONSISTENT WITH THIS AGREEMENT, PLEASE CONTACT US AT info@EVENTCAMP.CA
6.0 Intellectual Property Rights
6.1. Intellectual Property. EVENTCAMP.CA Inc. owns its application and its own content and materials featured on the EVENTCAMP.CA site or through the EVENTCAMP.CA Software. Such information, trade-marks and materials are proprietary to EVENTCAMP.CA Inc. and may be protected by copyright, trade-mark, patent and/or other proprietary rights and laws. Except as expressly agreed to by us in writing, you are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, reverse engineering or creating derivate works based on all or any part of the EVENTCAMP.CA site or the EVENTCAMP.CA Software or any information or materials of ours made available through the foregoing. You may not use our trade-marks in connection with any product or service that is not ours without our express consent.
7.0 LIMITATION OF LIABILITY AND INDEMNITY
7.1. LIMITATION OF LIABILITY. EVENTCAMP.CA INC. PROVIDES THE EVENTCAMP.CA SOFTWARE ON AN AS-IS AND AS-AVAILABLE BASIS. EVENTCAMP.CA INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE EVENTCAMP.CA SOFTWARE WILL BE ERROR-FREE, FIT FOR A PARTICULAR PURPOSE, OPERATE UNINTERRUPTED, BE TIMELY, BE SECURE, THAT THE RESULTS OBTAINED FROM THE USE OF THE EVENTCAMP.CA SOFTWARE WILL BE BENEFICIAL OR RESULT IN ANY PARTICULAR SUCCESS FOR YOUR EVENT. YOU ARE ENTIRELY RESPONSIBLE TO ENSURE THAT YOU HAVE TAKEN ADEQUATE SAFETY PRECAUTIONS TO PROTECT YOURSELF AND OTHERS FOR WHOM YOU ARE RESPONSIBLE , INCLUDING WITHOUT LIMITATION IN ACCORDANCE WITH YOUR OBLIGATIONS AT LAW. ANY USE OF THE EVENTCAMP.CA SOFTWARE OR ANY RELATED SERVICE IS AT THE SOLE RISK OF THE SUBSCRIBER. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, EVENTCAMP.CA INC. HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION OBTAINED FROM EVENTCAMP.CA INC, ITS EMPLOYEES, CONTRACTORS OR AGENTS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET OUT IN THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, EVENTCAMP.CA INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO ANY SUBSCRIBER OR ANY OTHER PERSON FOR ANY PERSONAL INJURY OR DAMAGES OF ANY KIND OR NATURE (INCLUDING
WITHOUT LIMITATION PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, DAMAGES FOR LOSS OF BUSINESS, REPUTATION, PROFITS, GOODWILL OR TORTIOUS CONDUCT OR OTHERWISE) RESULTING FROM THE USE OF OR RELATING TO THE EVENTCAMP.CA SOFTWARE OR ANY SERVICES OF EVENTCAMP.CA Inc. OR ARISING IN MANNER WITH RESPECT TO THE EVENTCAMP.CA SOFTWARE OR THE SUBSCRIBER'S INABILITY TO USE OR ACCESS SAME, EVEN IF EVENTCAMP.CA Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS FOR DAMAGES.
ANY DAMAGES THAT EVENTCAMP.CA INC. IS REQUIRED TO PAY, FOR ANY AND ALL CAUSES, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, SHALL IN THE AGGREGATE, BE LIMITED TO THE ACTUAL FEES PAID BY THE SUBSCRIBER TO EVENTCAMP.CA INC. IN RESPECT OF THE APPLICATION, INCLUDING FOR ASSOCIATED SERVICES WITHIN THE PAST TWELVE (12) MONTH PERIOD. YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A KEY TERM OF THIS AGREEMENT AND THAT WITHOUT ITS INCLUSION, EVENTCAMP.CA Inc. WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
7.2 INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS, EVENTCAMP.CA Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY AND ALL LOSSES, COSTS, CLAIMS, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS OR OTHERWISE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REASONABLE LEGAL FEES, ARISING FROM USE OF THE EVENTCAMP.CA SOFTWARE OR RESULTING FROM SAME, INCLUDING WITHOUT LIMITATION ARISING FROM ANY THIRD PARTY CLAIMS.
8.1 No Assignment. You shall not assign or otherwise transfer any of your rights or obligations under this Agreement without the prior written consent of EVENTCAMP.CA.Inc.. This Agreement shall enure to the benefit of and shall be binding upon the successors and assigns of the parties hereto. This Agreement and the rights and obligations arising hereunder shall not be affected by any change in the corporate structure or ownership of EVENTCAMP.CA.Inc.
8.2 Amendment. You are not permitted to amend any term of this Agreement without the express written consent of EVENTCAMP.CA.Inc.
8.3. Severability. In the event that any of the terms of this Agreement are in conflict with any rule of law or statutory provision or otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from this Agreement, but such invalidity or unenforceability shall not invalidate any of the other terms of this Agreement.
8.4. Waiver. No failure of either party hereto to take any action or assert any right hereunder shall be deemed to be a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right.
8.5. Jurisdiction and Governing Law. The subscription for the app and this User License Agreement shall be deemed to be entered into and all services provided from the Province of Manitoba, Canada regardless of jurisdiction of residence or operation of the subscriber. This Agreement shall be governed and construed in accordance with the laws of the Province of Manitoba, Canada without regard to choice of law or conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
8.6. Exclusive Agreement. The terms of this Agreement constitute the entire Agreement between the parties with respect to the subject matter hereof and the relationship of the parties.
8.7. Contact. If you have any questions, comments, or complaints regarding this Agreement, feel free to contact us at info@EVENTCAMP.CA