- Trade Marks, Copyrights and Restrictions
(1) Provider is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to its sites. However, certain non-personal information of visitors is recorded by the standard operation of Provider's servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor's Internet service provider. By having this information, Web pages optimized for a particular visitor's computer are automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to Provider only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by Provider and not sold or otherwise transferred outside the company. This information is used to better understand visitors' use of our sites and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.
(2) Many of the Provider Web sites, including this one, place a "cookie" in the browser files of a Provider user's computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Provider to relate a user's use of a Provider site to information that the user has specifically and knowingly provided, Provider does not do so for any kids' sites. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, telephone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. To the extent that any of our sites accessible through Provider has additional practices, these practices will be explained at that site.
- A Special Note for Parents Concerning Privacy
On sites specifically designed for children, Provider makes a special effort to encourage children to consult with their parents before furnishing data. However, Provider believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
- Linked Sites
Provider, whether or not affiliated with sites which may be linked to this site, is not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk.
The materials in Provider's Web sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Provider does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Provider's Web sites or the server that makes them available are free of viruses or other harmful components. Provider does not warrant or make any representations regarding the use or the results of the use of the materials in Provider's Web sites in terms of their correctness, accuracy, reliability or otherwise. You (and not Provider) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in Provider's Web sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms or other forums conducted on this site ("Forums") are not necessarily those of Provider or its affiliated or related entities or content providers and Provider makes no representations or warranties regarding that information or those opinions. Furthermore, neither Provider nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in Provider's Web sites.
(1) Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Provider throughout the universe and Provider shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Provider's Web sites, you agree that Provider has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
(2) Provider is not responsible for any material posted on our Forums. You shall not submit or otherwise publish through such Forums any content which:
(a) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening; (3) You agree to indemnify Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer's fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
(b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trade marks;
(c) violates any law;
(d) advocates illegal activity; or
(e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively "Non-Approved Material").
- E-Mail and Postings Received
Do not post any threatening or libellous e-mails or material on this site that would be considered a violation of any law. Provider Online will fully co- operate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any such e-mails or materials.
- Jurisdictional Issues
(1) Unless otherwise specified, the materials in Provider's Web sites are presented solely for the purpose of entertainment and promoting programs, films and other products available in Canada and its territories. This site is controlled and operated by Provider from its offices within the Province of Ontario. Provider makes no representation that materials in Provider's Web sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
(2) This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Provider bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of the Province of Ontario and, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Provider.
- Registration and Your Account
(1) Upon registering at furryfalls.com we will collect limited personal information from you in order to help us identify you with your account. It is your responsibility to not lose your access information and to keep your access information secure. We will use your designated username and password to identify you when you return to our Site. If you forget your username and password and lose your Furry Falls secret code, you will not be able to access the site and play with your pet.
(2) Upon registering your Furry Falls code on the Site, your account will be valid for twelve (12) months following the date that you register. You may extend or renew this period and any period which results from such extension or renewal as described below. Whichever period is then current shall be referred to as the "Registration Period".
(3) Each time you purchase an additional Furry Falls pet, your Registration Period will be reset at twelve (12) months from the date that you register the new pet on the Site. Registration Periods are not cumulative. Alternatively, you may renew your Registration Period for additional periods of time as may be offered from time to time upon payment of the then-current and applicable renewal fee. If you renew your Registration Period in this way at any time during the existing Registration Period, then your new Registration Period will commence upon the expiry of your existing Registration Period. Renewal periods and renewal fees are set by Furry Falls and The Niagara Parks Commission in its discretion and are subject to change.
(4) The then current and applicable renewal fee. After this ninety (90) day period is over, you may use the Site only through the purchase and registration of a new Furry Falls pet, and any information about your expired account will not be available. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on the Site.
(5) Furry Falls and The Niagara Parks Commission reserves the right to suspend any account that has been inactive for six (6) months or more. If your account has been suspended for inactivity, you may reactivate it, as long as your Registration Period has not expired.
(6) User accounts, usernames, passwords, pet codes and any points, "Falls Bucks" or other virtual items or rewards that you may earn on the Site are not transferable, even between your own accounts, and have no retail or cash value.