Terms of Use
Ownership of Site: Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the The Hound Lounge web site located at www.hound-lounge.ca, and all associated sites linked to www.hound-lounge.ca by The Hound Lounge, its business partners and affiliates (collectively, the “Site”). The Site is the property of The Hound Lounge (“The Hound Lounge”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
The Hound Lounge reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Hound Lounge grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork and computer code contained on the Site (collectively, “Site Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Site Content, is owned, controlled or licensed by or to The Hound Lounge, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Site Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without The Hound Lounge’s express prior written consent. You may use materials made available by The Hound Lounge for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
To the extent that you upload any Content to the Site (“User Content”), you represent and warrant that (a) you are the owner of the User Content, or have permission from the owner of the User Content to do so, and (b) the User Content does not infringe the intellectual property rights of any third party.
You own all of the content and information you post on the Site. For content that is covered by copyright and other intellectual property rights, like photos, videos, stories and other writings (User Content), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right to use and display any User Content that you post on or in connection with the Site). This license ends when you delete your User Content or your account, unless your content has been shared with others, and they have not deleted it.
When you delete User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
You will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any The Hound Lounge server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other The Hound Lounge account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or The Hound Lounge’s systems or networks, or any systems or networks connected to the Site or to The Hound Lounge.
You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, nor will you upload any viruses or malicious code.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to The Hound Lounge on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; nor will you bully, harass or intimidate any user.
You will not post unauthorized commercial communications (such as spam) on the Site, nor will you engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site. You will not use the Site or any Content for any purpose that is unlawful, misleading, malicious, discriminatory or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Hound Lounge or others.
You understand and agree that we may remove any User Content which violates any of the foregoing terms, and/or suspend or disable your account for breach of these terms.
The Hound Lounge are trademarks of The Hound Lounge. All trademarks may only be used for identification and not for commercial purposes without the express written permission of The Hound Lounge.
Certain features or services offered on or through the Site may require you to register with us (including setting up a The Hound Lounge ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify The Hound Lounge immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Hound Lounge or any other user of or visitor to the Site due to someone else using your The Hound Lounge ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s The Hound Lounge ID, password or account at any time without the express permission and consent of the holder of that The Hound Lounge ID, password or account. The Hound Lounge cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The Hound Lounge’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view The Hound Lounge’s Privacy Policy, click here
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under The Hound Lounge’s control, and The Hound Lounge is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
THE HOUND LOUNGE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE HOUND LOUNGE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE HOUND LOUNGE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AND CONDITIONS OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE HOUND LOUNGE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY THE HOUND LOUNGE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE HOUND LOUNGE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Hound Lounge reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will The Hound Lounge be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if The Hound Lounge has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, The Hound Lounge is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, The Hound Lounge’s liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against The Hound Lounge.
You agree to indemnify and hold The Hound Lounge, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Hound Lounge by any third party due to or arising out of or in connection with your use of the Site.
For your protection, The Hound Lounge reserves the right to view, monitor, and record activity on the site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the site. The Hound Lounge may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Hound Lounge’s rights or property, or the rights or property of visitors to or users of the Site, or other third parties including without limitation the rights of third party copyright owners under applicable laws. The Hound Lounge reserves the right at all times to disclose any information that The Hound Lounge deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Hound Lounge also may disclose your information when The Hound Lounge determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that The Hound Lounge may preserve any transmittal or communication by you with The Hound Lounge through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or The Hound Lounge determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of The Hound Lounge, its employees, users of or visitors to the Site, and the public.
You agree that The Hound Lounge may, in its sole discretion and without prior notice, suspend or terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Hound Lounge, for which monetary damages would be inadequate, and you consent to The Hound Lounge obtaining any injunctive or equitable relief that The Hound Lounge deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Hound Lounge may have at law or in equity.
You agree that The Hound Lounge may, in its sole discretion and without prior notice, suspend or terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), or (3) unexpected technical issues or problems.
If The Hound Lounge does take any legal action against you as a result of your violation of these Terms of Use, The Hound Lounge will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Hound Lounge. You agree that The Hound Lounge will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the Province of Ontario without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the provincial and federal courts in Toronto, Ontario, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between The Hound Lounge and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
The Hound Lounge administers and operates the www.hound-lounge.ca Site from its location in Toronto, Ontario; other The Hound Lounge sites may be administered and operated from various locations outside of Canada. Although the Site is accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside of Canada. The Hound Lounge reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and The Hound Lounge with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and The Hound Lounge with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with The Hound Lounge, The Hound Lounge will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Hound Lounge’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by The Hound Lounge of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between The Hound Lounge and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. The Hound Lounge shall be free to use such information on an unrestricted basis. If you have any questions concerning the use of the Web site or The Hound Lounge services, contact The Hound Lounge at info@hound-lounge.ca