1. The purpose of this site is to provide you with information about Whitewater (“we” or “Whitewater”). No other use is permitted.
3. We reserve the right to change these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes. Your use of the site following any modification in these Terms and Conditions will signify your assent to and acceptance of the modified Terms and Conditions.
4. Your use and browsing of the site is at your own risk. While we use reasonable efforts to include accurate and up-to-date information on the site, we make no warranties or representations as to its accuracy or completeness. We assume no liability or responsibility for any errors or omissions in the site’s content.
5. Neither Whitewater nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6. Whitewater assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.
7. You should assume that everything you see or read on the site is copyrighted unless otherwise noted and may not be used without the written permission of Whitewater except as provided in these Terms and Conditions or in the text on the site. Whitewater neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Whitewater.
8. Images of people or places displayed on the site are either the property of, or used with permission by, Whitewater. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
9. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the site are registered and unregistered trademarks of Whitewater or others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the site without the written permission of Whitewater or such third party that may own the Trademarks displayed on the site. Your misuse of the Trademarks displayed on the site, or any other content on the site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Whitewater will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution.
10. When you submit or post any content to the site, you represent that you have a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such content. You are prohibited from posting or transmitting any unacceptable content, including, without limitation, unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We reserve the right to remove unacceptable content or links posted by you at any time. We will fully cooperate with any law enforcement authorities or court order requesting or directing Whitewater to disclose the identity of anyone posting any unacceptable content.
11. Although Whitewater may from time to time create new features, or monitor or review postings, transmissions, and the like on the site, Whitewater is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the site.
12. You agree to indemnify and hold each of Whitewater, its parents, subsidiaries, affiliates, officers, directors, employees, sponsors, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your (i) misuse of the site; (ii) violation of these Terms and Conditions; or (iii) infringement of any intellectual property or other right of any person or entity.
13. Please note that it is our policy not to accept or consider unsolicited creative, production-related or other materials of any kind. We appreciate your cooperation in adhering to this policy.
14. This site is controlled, operated and administered by Whitewater from its offices in Canada. We make no representation that the site is appropriate or available for use at other locations outside of Canada, and access to the site from jurisdictions where the site is illegal is prohibited. If you access the site from a location outside of Canada, you are responsible for compliance with all local laws.