DAILY BRINE LTD.
WEBSITE TERMS OF USE
LAST UPDATED: MAY 31,
2024
1. OVERVIEW
These Terms of Use form
a legally binding contract between DAILY BRINE LTD. (“we” or
“us”) and the people and companies (“Users” or “you”) that access and
use our website located at www.dailybrine.com or any related website or mobile
platform controlled by us (collectively, the “Website”). These Terms
of Use apply to all services provided through our Website and any other software
application we operate, and all content, services, and products available at or
through the Website.
It is very important
that you read and fully understand these Terms of Use before using the Website.
By agreeing to these Terms of Use and using the Website, you are entering into
a legally binding contract which will impact your rights.
By accessing any part of
the Website, you agree to be bound by these Terms of Use. You are also
confirming that you have read and fully understood these Terms of Use. If you
do not agree to or understand all of these Terms of Use, then you may not
access the Website or use any services available on the Website.
These Terms of Use
should be read in conjunction with the Privacy Policy and any other rules,
guidelines, or policies posted on the Website.
2. SERVICES AVAILABLE
ON THE WEBSITE
Without restriction, we
generally offer the following services through the Website: Satire and parody media posts, advertisements and
sponsored content, and merchandise for sale
The services we offer
are subject to change over time. By using the Website, you are confirming that
you have determined that the services are appropriate for your needs. We do not
guarantee that these services meet your needs or that they are suitable for
your specific purposes.
3. OWNERSHIP OF YOUR
FILES
When you choose to
upload documents or data (including any images or text), DAILY BRINE LTD. does
not review or pre-screen the contents of electronic data uploaded or posted to
the Website (“Content”) and DAILY BRINE LTD. claims no intellectual property
rights with respect to the Content.
However, by posting,
uploading, inputting or submitting any Content whatsoever to the Website, you
are granting DAILY BRINE LTD. An irrevocable, royalty free licence while the Content
remains uploaded to the Website, to use the Content for any purpose related to
the use and promotion of its business and the Website, including the right to
copy, distribute, edit, and publicly display such content with or without
attribution.
4. PAYMENT PROCEDURES
Payments for services or
products available on the Website will be charged to you in accordance with the
policies, procedures, and timelines posted on the relevant sections of the Website.
For purposes of processing payments, we use the following service provider: PAYPAL
Before using the
Website, you must first review and approve the terms and conditions governing
the use of these third-party payment processors, which are available at the
following website(s): https://www.paypal.com
5. REFUND, EXCHANGE
AND SHIPPING POLICIES
Our current policies on
refunds, exchanges and responsibility for lost, broken or stolen products are
posted on the Website.
6. YOUR ACCOUNT
In order to fully use
the Website, you will be required to create an account. Information submitted
by you in order to create an account will be subject to our Privacy Policy,
which is available for review on the Website, and which you are required to
approve before creating an account. The Privacy Policy also dictates how to
terminate your account and how you can have your personal identifying
information deleted from our servers. The terms governing the features and
capabilities of your account and the related fees can be found on the Website.
7. TERMINATION
You may cancel and
terminate your Account at any time in accordance with the terms and policies
posted on the Website. If at the date of termination of your Account, there are
any outstanding payments owing by you to us, you will receive one final invoice
via email. Once that invoice has been paid in full, you will not be charged
again.
8. LIMITATION OF
LIABILITY
Except in a case where
we are in violation of these Terms of Use, we will not be held liable for, and
you hereby fully waive the right to claim for, any loss, injury, claim,
liability or damages of any kind resulting in any way from use of the Website. Your
use of the Website is at your sole risk. The Website is provided on an “as is”
and “as available” basis without any warranty or condition, express, implied or
statutory. We do not warrant that your use of the Website will be uninterrupted,
secure or error-free. In no event will we have any liability to you or any
third party for any lost profits or revenues or for any indirect, special,
incidental, consequential, or
punitive damages however
caused, whether in contract, tort, or otherwise, and whether or not you or the
third party have been advised of the possibility of such damages. In the event
the foregoing paragraph, or any part thereof, is void under applicable law,
this paragraph, or such part thereof, shall be inapplicable.
9. INDEMNIFICATION
You agree to indemnify
and hold harmless DAILY BRINE LTD., including our officers, directors,
shareholders, employees and agents, from and against any and all claims and
expenses, including legal fees and disbursements, which are made against us and
arise out of your use of the Website, including but not limited to your
violation of any term of these Terms of Use or any other policy posted on the
Website.
10. SECURITY BREACHES
In order to protect your
security, it is your sole responsibility to ensure that all usernames and
passwords used to access the Website are kept secure and confidential. You must
immediately notify us of any unauthorized use of your account, including the
unauthorized use of your password, or any other breach of security. We will
investigate any breach of security on the Website that we determine in our sole
discretion to be serious in nature, but we will not be held responsible or
liable in any manner for breaches of security or any unauthorized access to
your account however
arising.
11. WARRANTIES AND
REPRESENTATIONS
We hereby disclaim all
warranties of any kind, whether express, implied, or statutory, including but
not limited to implied warranties as to merchantability or fitness for a
particular purpose as they relate to the Website.
12. COMPLIANCE WITH
LAWS
You represent and
warrant that:
i. You have the authority to bind yourself to these Terms of
Use;
ii. Your use of the Website will be solely for purposes that
are permitted by these Terms of Use;
iii. Your use of the Website will not infringe or
misappropriate the confidentiality or intellectual property rights of any User
or third party; and
iv. Your use of the Website will comply with all local,
provincial and federal laws, rules and regulations, and with all policies
posted on the Website. You must only use the Website for your own lawful
purposes, in accordance with these Terms of Use and any notice, policy or
condition posted on the Website. You may use the Website on behalf of others or
in order to provide services to others but if you do so you must ensure that
you are authorized to do so and that all persons for whom or to whom services
are provided comply with and accept all these Terms of Use.
13. AGE RESTRICTIONS
Users Must be Over
the Age of 18. You represent and
confirm that you are over the age of 18. We do not target, market, or promote
the Website to those under 18. We do not permit any User under the age of 18 to
use the Website.
14. GOVERNING LAW AND
DISPUTE RESOLUTION
These Terms of Use and
any access to or use of the Website shall be governed by, and construed in
accordance with, the laws in force in the Province of Ontario. If any claim,
dispute or controversy occurs between DAILY BRINE LTD. and a User relating to
the interpretation or implementation of any of the provisions of these Terms of
Use, such dispute shall be resolved by private, confidential and binding
arbitration. Such arbitration shall be conducted by a single arbitrator. The
arbitrator shall be appointed by agreement of the parties or, in the absence of
an agreement, such arbitrator shall be appointed by a judge upon the
application of either the User or DAILY BRINE LTD. Arbitration shall be held in
the Province of Ontario, unless otherwise agreed by the parties. The
arbitration procedure to be followed shall be agreed by the parties or, in
absence of an agreement, determined by the arbitrator. The arbitration shall
proceed in accordance with the provisions of the Arbitration Act,
1991, SO 1991, c 17. Subject to any right of appeal, the
decision arrived at by the arbitrator shall be final and binding. Judgment upon
the award rendered by the arbitrator may be entered in any court having
jurisdiction.
15. WAIVER OF CLASS
ACTION
By using the Website,
you agree to resolve any claim or dispute arising between you and us on an
individual basis, rather than addressing such claim or dispute as part of a
group or class. You hereby waive any right you may have to commence or
participate in any class action lawsuit commenced against DAILY BRINE LTD. or
its affiliates related to any claim, dispute or controversy arising from your
use of the Website. Where applicable, you hereby agree to opt out of any class
proceeding against DAILY BRINE LTD. otherwise commenced. The above waiver shall
not apply to claims or disputes arising under consumer protection legislation
or any other claim or dispute where a waiver of class action lawsuits is
unenforceable at law.
16. GENERAL TERMS
a. AMENDING THESE
TERMS OF USE
These Terms of Use may
be updated and amended from time to time. We reserve the right to change these
Terms of Use at any time, and any amended Terms of Use are effective upon
posting to the Website. We will make efforts to communicate any changes to
these Terms of Use we deem material, in our sole discretion, via email or
notifications on the Website. Your continued use of the Website will be deemed
to be immediate and unconditional acceptance of any amended Terms of Use,
whether or not we deemed the amendments to be material.
b. ASSIGNMENT
We may assign or
delegate these Terms of Use, in whole or in part, to any person or entity at
any time with or without your consent and without prior notice to you. Users
may not assign or delegate any rights or obligations under these Terms of Use,
without our prior written consent, and any unauthorized assignment and
delegation is void.
c. NO WAIVER
No waiver of a
provision, right or remedy of this Agreement shall operate as a waiver of any other
provision, right or remedy or the same provision, right or remedy on a future
occasion.
d. NO AGENCY
The parties to these
Terms of Use are independent contractors and are not partners or agents. DAILY
BRINE LTD. has no fiduciary obligations or professional obligations whatsoever
to you arising from these Terms of Use or your use of the Website.
e. SEVERABILITY
In the event that any
provision or part of this Agreement is found to be void or invalid by a court
of law, the remaining provisions, or parts thereof, shall be and remain in full
force and effect.
f. ENTIRE AGREEMENT
These Terms of Use, in
conjunction with all policies and guidelines available on the Website
(including but not limited to any Privacy Policy), incorporated by reference,
constitute the entire agreement between you and DAILY BRINE LTD. and supersede
all prior communications, agreements and understandings, written or oral, with
respect to the subject matter of these Terms of Use.
17. QUESTIONS ON THESE
TERMS OF USE
We welcome you to contact
us with any questions on these Terms of Use. You can send your questions
regarding these Terms of Use to the following email address: [email protected]
18. CONFIRMATION OF
AGREEMENT TO TERMS OF USE
BY PROCEEDING TO USE THE
WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND
BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.
