Terms of Use
The community engagement site from Bang the Table™ (the “Site“) is hosted by Bang the Table or an entity of its group, including, without limitation, Bang the Table Canada Ltd. and any entity known as Bang the Table or any of its subsidiaries or related entities (hereinafter “Bang the Table”).
The Bang the Table software is selected and used by Bang the Table for its community engagement hub, which is subject to these Terms of Use, Privacy Policy and Moderation Policy (either the "Software " or the " Site ").
If you wish to use the Site or Bang the Table community engagement Software, you should review the Terms of Use, which you will find below, Privacy Policy and Moderation Policy from Bang the Table. If you do not agree with these Terms of Use or any of these policies, you may not use the Site or the Bang the Table Software.
1. BANG THE TABLE WEB SITE — TERMS OF USE
1.1. Bang the Table welcomes you to the Bang the Table™ community engagement hub (the “Site”).
2. ACCEPTANCE OF TERMS
2.1. Bang The Table provides the Site, the use of which is subject to acceptance of these Terms of Use and of the following Privacy Policy and Moderation Policy.
2.2. Before accessing the Site, you must understand and agree to the Terms of Use, the Privacy Policy and the Moderation Policy.
2.3. Bang the Table may modify the Terms of Use, Privacy Policy and Moderation Policy from time to time without notice to you. It is your responsibility to review the most current version of the Terms of Use and policies, as these are the conditions for accessing the Site at all times. Bang the Table suggests that you bookmark this page so that you can review the Terms of Use, Privacy Policy and Moderation Policy whenever you use the Site.
3. INFORMATION ON THE SITE
3.1. The Site contains information provided by Site users. Bang the Table makes no representations as to the accuracy of the information presented on the Site.
4. PERSONAL INFORMATION FOR THE CREATION OF YOUR ACCOUNT
4.1. In order to create an account and allow you to use the Site, Bang the Table collects the following personal information from you: your first and last name, email address, password and,when required for the consultation, certain demographic information.. By completing the registration form, you consent to the following:
a) to submit personal information that is true, accurate, current and complete and to keep it regularly updated or correct it, if necessary, as requested in the registration form on the Site;
b) that your personal information, namely your first and last name, email address, password and, when required for the consultation, certain demographic information, is used for the purposes of your use of the Site or Bang the Table’s online community engagement Software.
4.2. If you provide any identifying information that is untrue, inaccurate or incomplete, Bang the Table may suspend or terminate your account and refuse any and all current or future use of the Site or part thereof.
4.3 You are not required to provide your personal information, but it is required for the creation of your account. If you do not provide it, you will not be able to use the Site.
5. USER ACCOUNT, PASSWORD AND SECURITY
5.1. After you complete the Site’s user registration process, you will receive a user password and account name to access the Site.
5.2 You understand and agree that you are responsible for:
a) maintaining the confidentiality of your password and account;
b) all activity that occurs under your password or on your account;
c) notifying Bang the Table immediately of any unauthorized use of your password or account or any other security breach in connection with the use thereof;
d) creating no more than one Site user account.
5.3 Bang the Table may send you emails regarding your user account, but will not send you commercial solicitation emails without first obtaining your consent, in accordance with Canadian anti-spam legislation.
6. USER CONDUCT
6.1 You understand and agree that:
a) all information, including personal information provided on the Site, data, text, software, music, sound, photographs, graphics, videos, messages and other documents, whether publicly posted or privately transmitted, are the sole responsibility of the person who posted them;
b) you are prohibited from advertising or offering to sell or buy any goods or services;
c) you do not have the right, in particular, to:
i. post content that infringes any patent, trademark, trade secret or intellectual property, including copyright or other proprietary rights of any party;
ii. transmit unsolicited or unauthorized promotional materials, “junk mail,” “spam,” chain mail or letters, “pyramid schemes,” surveys, contests or any other form of solicitation or transmitting content that includes such content;
iii. transmit content that contains software viruses, Trojan horses, worms, time bombs, cancelbots 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;
iv. transmit content that harms or may harm in any way whatsoever any persons, and, without limiting the generality of the foregoing, any minors (persons under 18 years of age);
v. impersonate any person or entity, including without limitation any Bang the Table representative or other Site user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
vi. create a false identity for the purpose of misleading others as to your identity or the originator of a message;
vii. interfere with or disrupt the Site or servers or networks related to the Site, or fail to comply with any requirements, procedures, policies or regulations applicable to networks connected to the Site;
viii. attempt to gain unauthorized access to the Site, other user accounts, computer systems or networks, by password mining or any other means;
ix. violate any legislation whatsoever, including legislation in force in Québec or Canada;
x. “stalk” or otherwise harass another user or any other person;
xi. interfere with another user’s use and enjoyment of the Site;
xii. collect or store personal data on other Site users; or
xiii. make any commercial use of the Site.
6.2. You also acknowledge and agree that Bang the Table:
a) may refuse or delete any Site content;
b) assumes no responsibility or liability associated with the use of any content, including the accuracy, completeness or usefulness of such content, which you should assess and the use of which you are responsible;
c) may preserve content and may preserve or disclose content if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary in order to:
i. comply with an obligation;
ii. respond to claims that any content violates the rights of third parties; or
iii. protect the rights, property, safety or business interests of Bang the Table or Site users;
d) may carry out technical processes and transmit the Site, including your content, which may involve various networks and may carry out changes required to conform and adapt to the technical requirements of connecting networks or devices.
e) is not responsible for deleting or failing to retain messages.
7. USER ACCOUNT
7.1. You understand and agree that Bang the Table may, at its sole discretion, for any reason and at any time:
a) block or disable your password, account or access to the Site temporarily or permanently, remove any and all content from the Site, including, without limiting the generality of the foregoing, all information and files thereon, or bar any future access to such files or the Site;
b) suspend access to the Site, in whole or in part, without notice and without liability to you or any third party.
8. DEALINGS WITH THIRD PARTIES
8.1 No transactions with third parties are permitted on this Site.
9. BANG THE TABLE PROPERTY RIGHTS
9.1 You understand and agree:
a) that the Site, the Software and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by intellectual property rights and applicable laws;
b) not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Site or the Software;
c) not to access the Site by any means other than through the Web site, the Software and the interfaces provided by Bang the Table.
10. EXCLUSION OF WARRANTIES AND RIGHT TO TERMINATE SITE OR SOFTWARE ACCESS
10.1 You understand and agree that:
a) your use of the Site is at your sole risk;
b) the Site is provided on an "as-is" and "as-available" basis.
10.2 Bang the Table makes no warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability.
10.3 Bang the Table makes no warranty that:
a) the Site will meet your needs or requirements;
b) the Site will operate continuously or be free of errors;
c) the results that may be obtained from use of the Site will be accurate or reliable.
10.4 Any material downloaded or otherwise obtained through use of the Site or the Software is done at your own risk, and you are solely responsible for any damage to your computer system or any loss of data that results from the use or downloading of such material.
10.5 No advice or information, whether verbal or written, that you obtain from Bang the Table or from the Site shall create a warranty.
10.6 Bang the Table may, at its sole discretion, cease to provide you access to the Site or the Software or any part thereof, or modify them or any part thereof, at any time without notice, temporarily or permanently, and without liability to you or any third parties.
11. LIMITATION OF LIABILITY
11.1 You understand and agree that Bang the Table is not responsible or liable for any damages that you may suffer as a result of your use of the Site, in particular with respect to, and without limiting the generality of the foregoing, the following items:
a) the cost of purchasing goods;
b) unauthorized access to or alteration of your transmissions or data;
c) statements or conduct of any third party on the Site;
d) content submitted by users or the defamatory, offensive or illegal conduct of a third party;
e) loss of profits, hedging costs, loss of data or any special, incidental, indirect or consequential damages;
f) any other matter relating to use of the Site.
11.2 Because Bang the Table has no control over the content of the Site or the Software and users are free to use them subject to compliance with the Terms of Use, Privacy Policy and Moderation Policy, you agree to indemnify Bang the Table, its partners and its employees from and against any claim or demand, including reasonable legal fees, made by any third party due to or arising from:
a) content you submit, post or transmit through the Site or the Software;
b) your use of or connection to the Site or the Software;
c) your violation of the Terms of Use, Privacy Policy and Moderation Policy; or
d) your violation of the rights of others.
12. TRADEMARK INFORMATION
12.1. The Bang the Table trademark and other Bang the Table logos and product and service names are trademarks of Bang the Table.
12.2. You agree not to display or use Bang the Table trademarks in any manner without our prior permission.
13. INFORMATION
The use of the Site or the Software is governed by the laws in force in Québec, and any interpretation relating to such use or any interpretation of these Terms of Use, Privacy Policy and Moderation Policy is subject to the jurisdiction of the courts of Québec in the district of Montréal.
14. CONTACT US
For more information about the Terms of Use, Privacy Policy or Moderation Policy applicable to the Site or Bang the Table Software, or for any other reason, please contact us at support@bangthetable.com.
