Terms of Use | Festive Health

These Terms of Use were last modified and are effective as of Wednesday, February 3, 2013.

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF FESTIVEHEALTH.COM.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SITE, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE. YOU AGREE THAT BY USING OUR SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

When you see the word "use" or "using" in connection with our Site or us in these Terms of Use, it means and refers to any time you, directly or indirectly, with or without a device, attempt to or actually do access, interact, utilize, display, view, browse, visit, print or copy, transmit, receive or exchange data, upload, download, post or otherwise submit any message, posting, material or content or you otherwise communicate, including with another user or anyone else. We will also consider you to be using our Site if you utilize, benefit from, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Site, for any purpose. Also, when we use the term "including" it means "including, without limitation" or "including, but not limited to" and construed as inclusive and illustrative and not exclusive or limiting.

"We", "us" and "our" mean FestiveHealth and we may refer to you or any individual that uses our Site as "you" or "your" or a "user." If we use the term "Our Companies," in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, partners, select unaffiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with FestiveHealth.

When we use the term "Site" we mean all the individual URL or Internet address locations, sites and pages within the FestiveHealth.com domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term "Site," we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the "look and feel", as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term "Content" when we refer to them separately. When we use the term "Services" we mean any services provided in connection with the Site.

These Terms of Use include our Privacy Policy, End User License Agreement and any other terms we disclose or notify you of when you use or attempt to use our Site ("Additional Terms") all of which are incorporated by reference and form a part of our Terms of Use for all purposes. To make reading and understanding your agreement with us easier, we will use the expression "Terms of Use" to mean and refer to this document, as well as our Privacy Policy and any Additional Terms that apply to you.

By using our Site you are acknowledging you have read, understand and accept as binding, all of the rights and obligations, terms and conditions in our Terms of Use which constitute the legal agreement you have with us. If you do not agree with, cannot comply with or are unwilling to accept our Terms of Use, please discontinue your use of our Site immediately.

WE CAN CHANGE OUR TERMS OF USE AND SITE

We reserve the right, at any time and from time to time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site. We will notify you of changes to our Privacy Policy by posting the new policy on this website and if you use our Site after the date we say the changes are effective, it means you are agreeing to be bound by the Terms of Use with all the changes we posted. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.

OUR PRIVACY POLICY

Your privacy is important to us and our Privacy Policy is incorporated into and part of these Terms of Use. Read it carefully since it describes how we collect and use information we obtain from you.

USE OF TOOLBARS

We may make certain software and toolbars available to you from our Site. If you download any software or toolbars from the Site, you acknowledge that you have read and agreed to our End User License Agreement, which is incorporated into and part of these Terms of Use. Read it carefully since it contains important information about software and toolbars, how it works, and how you can use it. Software and toolbars you download from the site may contain advertising, including in-text ads where specific keywords within the text of a webpage are matched with advertising and/or related information. Topics or keyword phrases are automatically matched and services relevant to advertising within the text of such keyword(s) will appear on the webpage as a double underline.

YOU INDEMNIFY US

OWNERSHIP OF CONTENT

You acknowledge and agree that, except as otherwise noted in our Terms of Use, all Content is and shall remain the exclusive property of Our Companies and if you use any Content in violation of our Terms of Use, any other party’s rights, or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state, national, provincial or other laws, regulations and treaties that may apply. You grant us a license to use the Content you submit to us or our Site. Content that is yours, remains yours and neither our Terms of Use, nor your use of our Site is intended to deprive you or anyone of any existing rights to Content. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Content to us or the Site, you are (i) giving us a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and right to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and broadcast that Content without accounting to you or notifying you in any way and (ii) representing to us you have the right to submit the Content and grant the rights and license described above. If anyone else has or may have rights to the Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable and you will defend and indemnify us (See the Section entitled "You Indemnify Us").

POSTING AND SUBMITTING CONTENT

Our Site may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display Content (referred to as "Posting"). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting shall not violate any law or regulation, our Terms of Use or the rights of others.

We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any Posting. We also have no obligation to monitor or continue to monitor your use of the Site or your Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Website, at any time for any reason or no reason at all. Postings are not endorsed by us, nor do we screen them.

Your Postings are your responsibility and unless and until you notify us that you know or suspect the security of your user identification, log-in and password may have been compromised, so are Postings made by anyone else if they are using your registration, profile, user account or login identification or password and you will defend and indemnify us (see the Section entitled "You Indemnify Us") for any such Postings. If you suspect that your log-in identification or password may have been compromised, please notify us immediately at contactus@FestiveHealth.com.

RULES OF CONDUCT

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:

violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise; 
engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive; 
impersonate any other person, firm or enterprise or any of our or their employees and agents;
use our Site for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Site;
gain unauthorized use of our Site, other users’ accounts, names, log-in or password information, personally identifiable information or use our Site in any manner which violates or is inconsistent with the provisions or spirit of our Terms of Use; 
violate or attempt to violate any security features of the Site or Service;
attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code that we use in providing the Site or Service;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Site or the rights or use and enjoyment of our Site by any other person, firm or enterprise; 
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise; 
engage in any activity or fail to report any activity involving SPAM, junk e- mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing" or other similar schemes; or
advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Any violation of system or network security may subject you to civil and/or criminal liability.

On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Site by anyone who repeatedly infringes the rights of others. If you believe our Site contains elements that infringe any copyright of yours or anyone else’s, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.

refuse to allow you further Posting;
remove or delete Postings;
revoke your right to use our Site;
revoke and terminate your FestiveHealth account;
use any technological, legal, operational or other means available to enforce our Terms of Use, including blocking specific IP addresses or deactivating your registration.

WE HAVE THE RIGHT TO TERMINATE

We have the right to discontinue, suspend or terminate our Site or your use of the Service and/or our Site at any time, with or without notice to you, and without liability to you, for any reason or no reason whatsoever, including any time we determine, in our sole judgment, you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others. In addition to any other rights and remedies we may have under these Terms of Use, or at law or in equity, we have the right to:

DISCLAIMERS AND LIMITATION OF LIABILITY

OUR SITE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.

OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

THIRD PARTY CONTENT AND WEBSITES

We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor our Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to Content or websites that are owned by third parties ("Third Party Content"). You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of Third Party Content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all Third Party Content.

GOVERNING LAW

Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the province of British Columbia applicable to parties resident in and contracts made, executed and wholly performed within the Province of British Columbia. You submit to the jurisdiction of the Provincial courts situated in Vancouver British Columbia, Canada in all disputes arising out of or related to the use of the Site or Service and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.

YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.

MISCELLANEOUS

The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us or any of Our Companies, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’ rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

THIS SITE IS FOR CANADIAN & UNITED STATES USE ONLY

We control and operate the Site from our offices in the Province of British Columbia. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the Canada, you do so on your own initiative and are responsible for compliance with applicable laws, rules and regulations.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.

THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:
Service Provider(s): FestiveHealth
Name of Designated Agent to Receive Notification of Claimed Infringement: Annie Faulkner
Full Address of Designated Agent to Which Notification Should Be Sent: 101-8838 Heather Street Vancouver BC V6P3S8
Email Address of Designated Agent: admin@FestiveHealth.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
Your name, address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.