Terms and Conditions

Updated as of 2021 November 1st

ACCEPTANCE OF TERMS THROUGH USE


By using Eruptious Games Inc.’ website (the “Site”), you agree to be bound by all terms, conditions and
notices contained or referenced herein (the “Terms of Use”) and the Privacy Policy Statement (“Privacy
Policy”). This Site is for information purposes only and the Terms of Use and Privacy Policy relate
specifically to this Site only and do not apply to websites operated by subsidiary and holding companies
of Eruptious Game Inc., which have their own terms of use and privacy policies. Please read the
respective sites’ terms and policies when accessing those sites. We reserve the right to change or
discontinue any feature of the Site, including, but not limited to, the Terms of Use, at any time, by
posting revisions on the Site. You agree to be deemed apprised and bound by any changes to these
Terms and Conditions and your continued use of the Site indicates your agreement to the revised terms.
You also agree to review this information from time to time as may be required to keep informed of any
revisions to the Terms and Conditions. If you do not agree to the terms of this or any revised policy,
please exit the Site immediately.

Links to Third Party Sites & Services


Eruptious Games Inc.’ site contains links to and from sites operated by third parties. Eruptious Games
Inc. makes no representations whatsoever about any third party content that you may access from the
Site, or about any website from which you may access the Site and/or which may be linked to this Site.
We provide third party content and links only as a courtesy to our users, and such links / content do not
imply our endorsement of any linked site / content. The linked sites / content are not under our
influence or control, and we are not responsible for any third party content or the contents of any linked
site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site.
Please review the streaming providers’ and the linked sites’ use agreements and privacy policies, and if
you do not agree to be bound by the terms, we recommend that you terminate your use of that service
or your visit to the site.

 


Intellectual Property

You acknowledge that all content and materials available on this Site, including the selection, co-
ordination, arrangement and enhancement of such content, as well as content original to it, are

protected by national and international copyrights, trademarks, service marks, patents, patent
registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by
Eruptious Games Inc. or our licensors or Eruptious Games Inc. has obtained the necessary permission of
the owner of the intellectual property in such content to use the content on our Site. Unless otherwise
indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of,
or used under licence by Eruptious Games Inc. The use or misuse of any of these materials is strictly
prohibited. Eruptious Games Inc., our licensors or associates retain exclusive ownership of all data,
material and other information regarding your use of the Site.

Lawful Use


You agree to use the Site or its contents for lawful purposes and only as expressly permitted in this
Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or
view individual pages for non-commercial use only, provided you do not delete or change any of the
information, including copyright or trademark notices. Except as otherwise permitted herein and as we
may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the
content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole
or in part or violate or infringe in any way upon the rights of others, or do or cause to be done anything
which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a
criminal offence, gives rise to civil liability or otherwise violate any law, or which, Without Eruptious
Games Inc.’ express prior approval, contains advertising or any solicitation with respect to products or
services. Any conduct by you that in our discretion restricts or inhibits any other user from using or
enjoying Eruptious Games Inc.’ site will not be permitted.

 


DISCLAIMER OF WARRANTIES


YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS
AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO
DOWNLOAD AT YOUR SOLE RISK. ERUPTIOUS GAMES INC. DOES NOT IN ANY WAY WARRANT, EITHER

EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-
INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ERUPTIOUS GAMES INC., INCLUDING
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR
LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, 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 SITE.

 


LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES SHALL ERUPTIOUS GAMES INC., INCLUDING ITS EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS 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 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 


INDEMNIFICATION


You agree to defend, indemnify, and hold Eruptious Games Inc. including its employees, officers,
directors, shareholders, agents, consultants and licensees harmless from and against any and all
liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site
or the Content therein, including without limitation your violation of the Terms of Use herein. We
reserve the right, at our own expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any
available defences.

 


INTERNATIONAL USE


By choosing to access the Site from any location other than Canada, you accept full responsibility for
compliance with all local laws that are applicable. Eruptious Games Inc. makes no representation that
materials on the Site are appropriate or available for use in locations outside Canada, and accessing
them from territories where their contents are illegal is prohibited.

 


SECURITY PRECAUTIONS


The services and information provided are protected using industry standard security precautions. It is
up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently
aware of those risks to adequately protect your confidential information. Eruptious Games Inc. provides
information regarding security and privacy in our Privacy Policy. This document is provided as a
guideline only, and it is up to the user to remain current and exercise care when using the Internet. You
should seek professional advice on protecting your privacy and evaluating the security of the
information systems you are using.

 


CHOICE OF LAW


This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the
Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly
agree that any claim or action arising out of or relating to these Terms of Use or your use of the Site shall
be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and
you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of
litigating any such claim or action.

 


INTEGRATION AND SEVERABILITY


This Terms of Use and our Privacy Policy constitute the entire agreement between Eruptious Games Inc.
and you with respect to the Site and supersedes all prior or contemporaneous communications and
proposals between us with respect to the Site. If any provision of this Terms of Use agreement is
determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The
section headings used herein are for convenience only and shall not be given any legal import.

UNAUTHORIZED USE AND TERMINATION


You agree to use the Site only for authorized and legal activities. Eruptious Games Inc. reserves the right,
in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for
any reason whatsoever.

 


PRIVACY AND DISCLOSURE


You have read and accept the terms of our Privacy Policy.

 


QUESTIONS/CONCERNS?


If you have any concerns about privacy procedures respecting our websites or applications, or to find
out further details about how your Personal Information may be used, you may email us at
info@eruptiousgames.com. Please make any communications as complete and descriptive as possible,
and we will attempt to respond promptly to your concerns.

 


OFFICE OF THE PRIVACY COMMISSIONER OF CANADA


The Office of the Privacy Commissioner of Canada oversees our Personal Information handling practices.
If any privacy concerns are not addressed to your satisfaction you may contact the Office of the Privacy
Commissioner of Canada for further guidance:


By Phone: 1-800-282-1376 or 819-994-5444


By Fax: 819-994-6591


Website: www.priv.gc.ca


© 2019 ERUPTIOUS GAMES INC.