Terms & Conditions

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www.curbsideconcerts.ca

These Terms govern:
● the use of this Website, and,
● any other related Agreement or legal relationship with the Owner in a legally binding way.

Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully.

This Website is provided by:
Matt Masters Inc. d/b/a Curbside Concerts
2215 45th Street South West
Calgary, Alberta
T3E 3S9
Owner contact email: info@curbsideconcerts.ca


What the User should know at a glance

Terms of Use:

Unless otherwise specified, the terms of use detailed in this section apply generally when using this
Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are
additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned
or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no
applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users
acknowledge and accept that the Owner has no control over such resources and is therefore not
responsible for their content and availability.Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under
these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no
applicable law, regulations or third-party rights.

This website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the website under applicable laws. You agree that you will be personally responsible for your use of this website and for all of your communication and activity on and pursuant to this website. You agree that you will use this website responsibly and in compliance with all applicable laws and these Terms.  
You agree that you will not hack into this website or employ any robot, spider or other device or process to use this website for unauthorized purposes. You further agree that you will not take any action or do anything which imposes an unreasonable burden on or interferes with the website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this site on a temporary or permanent basis. 

In our sole discretion, in addition to any other rights or remedies available to us and without any liability
whatsoever, we at any time and without notice or liability to you may terminate or restrict your access to any component of this website. In the event of such termination or restriction, these terms and conditions of use shall continue to apply and be binding upon you with respect to your prior use of the website and of the information contained therein.

Common provisions

No waiver: 

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption: 

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for
maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control,
such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service Reselling:

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its
Service without the Owner’s express prior written permission, granted either directly or through a
legitimate reselling program.

Intellectual Property Rights:

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as
copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive
property of the Owner or its licensors and are subject to the protection granted by applicable laws or
international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks,
illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive
property of the Owner or its licensors and are subject to the protection granted by applicable laws or
international treaties related to intellectual property.


Changes to these terms: 


The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the
Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not
wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms,
may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

Assignment of contract: 

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights
or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding
changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the
written permission of the Owner.

Links to Third Party Websites:

This website may include links to other websites owned by third parties. These links are provided solely
for your convenience and may not remain current or active. We do not endorse, recommend or approve
of any information, products or services referred to on such linked sites and assume no responsibility for
their content, security or privacy practices. Your use of any link to an outside website is entirely at your
own risk.

Security:

Although we take reasonable steps commensurate with a free, temporary, public-interest website to
ensure the security of this website, there are inherent risks associated with the use of electronic means of communication. Therefore, do not submit sensitive personal or business information through this website. The possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. We accept no liability if any other persons obtain the information you submit to this website.


No Warranties and Limitations:


Your use of the website is at your own risk. To the fullest extent allowed by law, the website is provided to you on an “as is,” “as available” basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which we expressly disclaim. We have no duty to update the content of the website. 

We will not be held responsible for any damage resulting from any virus, worm or other destructive or
invasive computer program relating to use of this website. We do not warrant that any security defects,
vulnerabilities or errors on the website will be identified or remedied. We specifically disclaim any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the Information (even if we have been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the website or viruses whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website or the content. To the maximum extent permitted by law, you agree that you will not seek to hold us liable: 

● directly or indirectly in contract, tort, equity or otherwise for any damage (including direct, indirect,
incidental, consequential, special, punitive, exemplary and aggravated damages and damages for
loss of use, profits or revenue) or other remedy whatsoever in connection with this website; and

● to you or anyone else for any loss or damage, however caused which may be directly or indirectly
suffered in connection with websites, services, actions or omissions of other entities that are
hyperlinked from this website.

Notwithstanding the foregoing, if we should be found liable for any loss or damage which arises out of or is in any way connected with any of the services or uses of the website or the information, our total
liability for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise shall in no event exceed in the aggregate $20 CAD.

Indemnity:

As consideration for access to the website, you agree to indemnify us and save us harmless from and
against any claim, cause of action or demand, including without limitation reasonable legal, accounting
and other professional fees, resulting from or related to (a) your breach of any of these Terms (including
any terms incorporated by reference); (b) your access to or use of this website; or (c) your use or reliance on, publication, communication or distribution of anything on or from this website.

Applicable Laws:

These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in
any way relating to these Terms will be governed by and construed in accordance with the laws of the
Province of Alberta and the federal laws of Canada applicable within Alberta without regard to conflict of law provisions. The Provincial Court of Alberta will have exclusive jurisdiction to resolve any disputes
relating to these Terms.

Termination:

We may terminate your access to and use of the website and related services at our sole discretion, at
any time and without notice to you.  If you are a Lawyer who has asked us to make professional
information about you available to Healthcare Workers, you may ask us to remove your information at any time. We will fulfill such removal requests promptly, commensurate with reasonable expectations for a free, temporary, public interest website operated by volunteers.


Entire Agreement:


The Terms constitute the entire agreement between us with respect to the subject matter hereof, and
supersede all communications, representations or agreements, either oral or written, with respect to this
subject matter. Our failure to insist upon or enforce strict performance of any provision of the Terms or
any right shall not be construed as a waiver of any such provision or right.  We reserve the right to modify the above Terms at any time without notice.

Contacts:

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability:

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable
law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect and be construed as if the invalid or unenforceable
portion were not part of these Terms.


Entire Agreement:


The Terms constitute the entire agreement between us with respect to the subject matter hereof, and
supersede all communications, representations or agreements, either oral or written, with respect to this
subject matter. Our failure to insist upon or enforce strict performance of any provision of the Terms or
any right shall not be construed as a waiver of any such provision or right.  We reserve the right to modify the above Terms at any time without notice.

Contacts:

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability:

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable
law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect and be construed as if the invalid or unenforceable
portion were not part of these Terms.

Definitions and legal references

This Website (or this Application):

The property that enables the provision of the Service.

Agreement:

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Owner (or We):

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
ServiceThe service provided by this Website as described in these Terms and on this Website.

Service:

The service provided by this Website as described in these Terms and on this Website.

Terms:

All provisions applicable to the use of this Website and/or the Service as described in this document,
including any other related documents or agreements, and as updated from time to time.

User (or You):

Indicates any natural person or legal entity using this Website.

Definitions and legal references:

Latest update: October 24, 2020