BRUCE&CLARK BUBBLE TEA TERMS OF USE
Bruce&Clark (a division of BCGI Holdings Inc.) provides this Internet site,
www.bruceandclark.com (the "Site") and related services subject to your compliance with the terms and conditions of use set forth below. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this Site, you have agreed to these Terms and Conditions with
Bruce&Clark (a division of BCGI Holdings Inc.). If you do not agree to all of the Terms and Conditions of this agreement, you may not use this Site.
Bruce&Clark (a division of BCGI Holdings Inc.) may make changes and update these Terms and Conditions at any time. Please check the Terms and Conditions posted at
www.bruceandclark.com periodically, because your continued use of the Site will mean you accept those changes and updates.
Section 1. Privacy:
Registration Data and certain other information you provide to or through the Site is subject to our Privacy Policy. For more information please see our Privacy Policy.
Section 2. Use of Content and Copyright:
All text, graphics and multimedia content available from the entry point URL:http://www.bruceandclark.com and pages within that domain (the "Site"), and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this Site are the property of
Bruce&Clark (a division of BCGI Holdings Inc.) and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by
Bruce&Clark (a division of BCGI Holdings Inc.) or by other parties that have licensed their material to
Bruce&Clark (a division of BCGI Holdings Inc.) (or posted to the Site pursuant to a user agreement with
Bruce&Clark (a division of BCGI Holdings Inc.)). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
Bruce&Clark, Bruce&Clark Bubble Tea, bubbleteastore @Bruce&Clark,
and bruceandclark.com are trademarks and service marks of BCGI Holdings Inc. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
Bruce&Clark (a division of BCGI Holdings Inc.) has made every effort to secure appropriate licenses and clearances for all proprietary intellectual properties used on this Site. You may notify
Bruce&Clark (a division of BCGI Holdings Inc.) of alleged intellectual property rights infringement by contacting
Bruce&Clark (a division of BCGI Holdings Inc.) at:
info [at] bruceandclark.com
Section 3. Safety; Disclaimer of Consequential Damages:
THE USE OF THE BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.) SITE AND THE CONTENT IS AT YOUR OWN RISK.
THE BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.) SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.), ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.), ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE
BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.) SITE.
IN NO EVENT SHALL BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.), ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE
BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.) SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE
BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.), SITE OR THE CONTENT THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
BRUCE&CLARK (A DIVISION OF BCGI HOLDINGS INC.) IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. Rules of Conduct for Interactive Areas:
Bruce&Clark (a division of BCGI Holdings Inc.) provides interactive areas
("Interactive Areas") on the Bruce&Clark (a division of BCGI
Holdings Inc.) Site. You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated. This means
that you, not Bruce&Clark (a division of BCGI Holdings Inc.), are entirely
responsible for all Content that you upload, post, email or otherwise transmit
using the Site. Bruce&Clark (a division of BCGI Holdings Inc.) does not
control the Content posted using the Site and as such does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Site, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstance will Bruce&Clark (a division of BCGI
Holdings Inc.) be liable in any way for any Content, including, but not limited
to, errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content uploaded, posted, emailed or
otherwise transmitted or hosted using the Service.
You acknowledge that Bruce&Clark (a division of BCGI Holdings Inc.) does not
pre-screen Content, but that Bruce&Clark (a division of BCGI Holdings Inc.)
shall have the right (but not the obligation) to refuse or move or delete any
Content that is posted to the Site, including without limitation any Content
that violates the Terms and Conditions of Use or is otherwise objectionable. You
agree that you must evaluate, and bear all rights and obligations associated
with the use of any Content, including reliance on the accuracy, completeness or
usefulness of such Content. You also acknowledge and agree that Bruce&Clark
(a division of BCGI Holdings Inc.) may preserve or remove Content and may
disclose Content, including information about your account or your use of the
Site, to any third party if required to do so by law or in the good faith belief
that such preservation, removal or disclosure is necessary to:
(a) comply with legal process;
(b) enforce the Terms and Conditions of use;
(c) respond to claims that any Content violated the rights of third parties; or
(d) protect the rights, property, or personal safety of Bruce&Clark (a
division of BCGI Holdings Inc.), its employees or agents, or the public.
ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
You agree that it shall be a material breach of these Terms and Conditions if
you are engaged in any of the following activities:
(a) uploading, posting, emailing or otherwise transmitting any Content that is,
in Bruce&Clark (a division of BCGI Holdings Inc.)'s sole discretion,
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) harming minors in any way;
(c) impersonating any person or entity, including, but not limited to, a
Bruce&Clark (a division of BCGI Holdings Inc.) employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(d) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) adopting of names and addresses for the purpose of cybersquatting;
(f) uploading, posting, emailing or otherwise transmitting any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) uploading, posting, emailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right ("Rights") of any party;
(h) uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation;
(i) uploading, posting, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
(k) intentionally or unintentionally violating any applicable local, provincial, state, national or international law;
(l) "stalking" or otherwise harassing another;
(m) harvesting or otherwise collecting information about others, including email addresses, without their consent; or
(n) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of
Bruce&Clark (a division of BCGI Holdings Inc.), exposes Bruce&Clark (a
division of BCGI Holdings Inc.) or any of its customers or suppliers to any liability of any type.
Section 5. Links to Other Sites:
The Bruce&Clark (a division of BCGI Holdings Inc.) Site contains links to web sites of third parties ("Third Party Sites"). These links are provided solely as a convenience to you and not as an endorsement by
Bruce&Clark (a division of BCGI Holdings Inc.) of the content on such Third-Party Sites.
Bruce&Clark (a division of BCGI Holdings Inc.) is not responsible for the content of linked Third-Party Sites and does not make any representations regarding the content or accuracy of materials on such Third-Party Sites. If you decide to access Third-Party Sites through links on the
Bruce&Clark (a division of BCGI Holdings Inc.) Site, you do so at your own risk. Your use of Third- Party Sites is subject to the Terms and Conditions of use for those sites.
Section 6. Advertisements:
The Bruce&Clark (a division of BCGI Holdings Inc.) Site contains advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated,
Bruce&Clark (a division of BCGI Holdings Inc.) does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the
Bruce&Clark (a division of BCGI Holdings Inc.) Site.
Section 7. Indemnity:
You agree to defend, indemnify and hold Bruce&Clark (a division of BCGI
Holdings Inc.), its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content, or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions.
Bruce&Clark (a division of BCGI Holdings Inc.) shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Section 8. General:
Bruce&Clark (a division of BCGI Holdings Inc.) is based in Vancouver, Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the
Bruce&Clark (a division of BCGI Holdings Inc.) Site from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Section 9. Jurisdiction:
You expressly agree that exclusive jurisdiction for any dispute with
Bruce&Clark (a division of BCGI Holdings Inc.), or in any way relating to your use of
Bruce&Clark (a division of BCGI Holdings Inc.), resides in the courts of the Province of British Columbia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of British Columbia in connection with any such dispute including any claim involving
Bruce&Clark (a division of BCGI Holdings Inc.) or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the laws of the Province of British Columbia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 10. Complete Agreement:
Except as expressly provided in a particular "legal notice" on the
Bruce&Clark (a division of BCGI Holdings Inc.) Site, these terms and conditions constitute the entire agreement between you and
Bruce&Clark (a division of BCGI Holdings Inc.) with respect to the use of the
Bruce&Clark (a division of BCGI Holdings Inc.) Site and any content
contained therein. The section titles in the Terms and Conditions are for
convenience only and have no legal or contractual effect or significance.
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