Dated October 7, 2020
This website (the “Website”) is owned and maintained by Guru Animation Studios Ltd. (“Guru”). All materials on the Website are owned by Guru.
Ownership and Restrictions on Use of Content
Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Guru and/or its parent or affiliate companies. The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only, without deleting or changing any such material, including any copyright and other proprietary notices. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website, or cause any of the foregoing to be done. In conjunction with accessing the Website and the Contents, you may not do or cause to be done anything which is unlawful, defamatory, in contravention of publicity rights or privacy rights, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offence or would give rise to civil liability or otherwise violate any law. Unless otherwise specified, the Website and the Contents are intended to promote Guru’s products and services available in Canada. Modification of the Contents or use of the Contents for any other purpose is a violation of ours and/or third parties’ copyright, trademark and/or other proprietary rights. If you download software from the Website, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you by us. We do not transfer title to the Software to you.
We are pleased to hear from our loyal fans and welcome your comments regarding our products, including the Website.
Any information that is submitted through the Website (“Information”) becomes the property of Guru, and you waive any and all propriety rights in such Information. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information.
Further, our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials, including but not limited to songs, stories, character or other ideas, screenplays, notes, drawings, concepts, or artwork (collectively referred to as “Creative Materials”). The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by or on behalf of Guru and/or its parent or affiliate companies might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us and we will not accept, consider or review any unsolicited Creative Materials. Should you decide to provide your feedback on our services and products, we request that you be specific in your comments.
If despite the foregoing request, you do send us unsolicited Creative Materials, then by such action you have waived any and all proprietary rights which you may have in such Creative Materials.
Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information and/or Creative Materials of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information and/or Creative Materials for any purpose whatsoever, commercial or otherwise, to edit, copy, publish, distribute, translate and otherwise use the Information and/or Creative Materials and we shall not owe any compensation to the person submitting the Information and/or Creative Materials or any third party. Further, we shall be under no obligation to maintain any Information and/or Creative Materials in confidence.
In order to make the Website more interactive we may occasionally ask users to submit videos, photographs and/or text (“Interactive Content”) for placement on the Website and/or to share such Interactive Content with other users. If you submit Interactive Content to us on the Website, you hereby waive all moral rights therein, and grant us a royalty-free, perpetual, unrestricted, irrevocable and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Interactive Content you submit. This license includes the right to edit, host, index, cache, distribute, and tag such Interactive Content, as well as the right to sublicense the Interactive Content to third parties, including other users, for use on other platforms including but not limited to broadband, wireless, on demand, mobile phones, in video and music software computer programs. You represent and warrant that you own any such Interactive Content you submit, display, publish or post on the Website, and otherwise have the right to grant the license set forth herein. You further represent and warrant that the displaying, publishing or posting of your Interactive Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
Unless otherwise specified, the materials on the Website are presented solely for the promotion of programs, films and other products available in Canada, its provinces and territories. We control and operate the Website from our offices within the Province of Ontario, Canada. We make no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website 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. Software from the Website is further subject to Canadian export controls.
These Terms are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. These Terms will terminate immediately without notice from Guru if, in our sole discretion, you fail to comply with any term or provision of these Terms. Upon termination, you must destroy all materials obtained from the Website and any and all of our other websites and all copies thereof, whether made hereunder or otherwise.
Changes to Website
Guru reserves the right, at any time in our sole discretion, to suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Website.
Your use and browsing of the Website is at your risk. If you are dissatisfied with any of the Website content or functions, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Website. We do not warrant that the content or functions of the Website will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the Website content or functions in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain of the disclaimers/limitations herein may be superseded by applicable local law.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GURU AND/OR ITS PARENT OR AFFILIATE COMPANIES AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GURU, INCLUDING ITS PARENT OR AFFILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE WEBSITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT OR THROUGH ANY LINKED WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR ANY LINKED WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE WEBSITE.
Third Party Websites
Limitation of Liability
Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. Guru shall not be liable for any losses, claims or damages of any kind related to your use of the Website. The Website and its contents are provided “as is” without any warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Guru expressly disclaims any responsibility to update or revise the materials on the Website.
IN NO EVENT SHALL GURU, ITS PARENT OR AFFILIATE COMPANIES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITE OR THE CONTENTS, OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, HOWEVER SUCH DAMAGES OR LOSSES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In no event shall our total liability to you if any for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you, if any, for accessing the Website.
You agree to defend, indemnify and hold Guru, its parent and affiliate companies, licensors, licensees, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, the Contents and/or your breach of any representation, warranty, or other provision of the Agreement.
This Agreement shall be construed in accordance with the laws of the Province of Ontario, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the provincial and/or federal courts of Ontario or Canada. 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. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Guru’s right to require strict observance of each of the terms herein.