Terms and conditions

The site https://metalsamurai.ca (hereinafter “Website”) belongs to Metal Samurai (hereinafter “Metal Samurai “) and was created to offer an online events platform and information about Metal Samurai ’s company, services, promotions, etc., and to interact with our customers. This Website includes text, images, audio and video clips, software, graphics, interfaces, or code and the possibility to choose the content, the arrangement and other items (collectively hereinafter “Content”) provided by Metal Samurai or used under license by it, for the sole purpose of information.

BY ACCESSING THE WEBSITE OR BY DOWNLOADING CONTENT, YOU AGREE TO BE BOUND, WITHOUT LIMITATION OR RESERVE, AND ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS ATTACHED TO THE WEBSITE (THE “TERMS”) AND THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND PROTECTION OF PRIVATE LIFE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE, Metal Samurai REQUIRES YOU TO STOP IMMEDIATELY ANY NAVIGATION ON THE WEBSITE AND LEAVE IT. ALSO, IF YOU DO NOT RESPECT THESE TERMS, Metal Samurai RESERVES THE RIGHT TO RESTRICT OR REFUSE ACCESS TO OUR WEBSITE, WITHOUT NOTICE AND WITHOUT PREJUDICE TO ANY OTHER LAW THAT COULD CLAIM Metal Samurai AGAINST YOU. YOU ACKNOWLEDGE AND AGREE THAT THE TERMS ARE SUBJECT TO CHANGE IN ACCORDANCE WITH THE PROVISIONS SET FORTH BELOW, AND YOU ARE INVITED TO CONSULT THEM REGULARLY. BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY CHANGES THAT HAVE BEEN MADE. OTHERWISE, YOUR SOLE REMEDY IS TO STOP USING THIS WEBSITE.

These Terms govern your use of all the Website features, as provided by Metal Samurai . Please take the time to read these Terms as they contain terms relating to your use and your navigation of the Website.

WEBSITE TERMS OF USE

The Website was created to offer an online events platform and facilitate the transmission of general information about Metal Samurai services offered in the normal course of business and initiate contact between Metal Samurai and our customers. In this regard, you can display it, subject to what is described below, download and print portions of certain area.

The information on the Website and the Content are provided for informational purposes only and are provided as is and as available. Metal Samurai does not guarantee the accuracy or exhaustiveness of the Website Content. In this regard, by using or consulting the Website and the Content, you agree to the following:

prohibited from using the Website or the Content, or allowing or facilitating the use by any person, in a way that constitutes or encourages the commission of a criminal or civil offense or a violation of intellectual property rights, or in a manner that contravenes any law or regulation or causes interference with Metal Samurai ’s network operations;

do not use the Website or the Content, or do not allow or facilitate its use by anyone to publish any Content that, in the opinion of a reasonable person constitutes an invasion of the privacy, a breach of physical or moral integrity or defamatory, abusive, racist, violent, hateful or intimidating content and do not publish on the Website any content desecrating ethnic insults, homophobic insults, prejudicial insults to any religion or spiritual belief and any attack on a person or specific group of person ;

do not make, towards Metal Samurai ’s employees, suppliers, agents or representatives remarks or acts that constitute harassment or abuse, verbal, written or else;

do not create or do not participate in the creation of website replicating, entirely or partially, the Website, the Content or any Metal Samurai ’s trademark;

do not use the Website or the Content, or do not allow or facilitate its use by any person to transmit any communication which, in the opinion of a reasonable person is either advertisement, commercial offer, spam or any form of solicitation;

do not use the Website or the Content, or do not allow or facilitate its use by anyone to publish Content that a reasonable person might consider rude, obscene, indecent, vulgar or sexually suggestive or in way that hits the standards of morality;

not to attempt to decrypt, decompile or disassemble the software used for the Website;

not to carry out “screen scraping”, “database scraping” or any other activity for the purpose of collecting, storing, manipulating or reorganizing data from the Website or any part of the Content in any form or by any method whether it be;

not to use the Website and the Content by transmitting any message anonymously or under a false name, transmit any illegal or otherwise objectionable information of any kind, transmit any message which discloses private or personal matters concerning a person, transmit any information, file or software that contains a virus or other contaminating or destructive material;

if applicable, not to use the Website or the Content, or not to allow or facilitate its use by any person in order to render a medical opinion, diagnosis or advice.

Finally, you acknowledge that you are solely responsible to guarantee that your systems have the capacity to use the Website. IT IS RECOMMENDED TO USE AND TO UPDATE YOUR ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL ON YOUR SYSTEMS THAT PROVIDE ACCESS TO THE WEBSITE.

SURVEILLANCE

Concerned with offering quality content on the Website, Metal Samurai reserves a right of supervision over any Content published on it to ensure compliance with these Terms. Hereby, you consent to such monitoring. Notwithstanding the foregoing, Metal Samurai does not make any representation about the surveillance of the Website to determine compliance with these Terms or that Metal Samurai will lay actions in the case of a disagreement with the compliance with these Terms.

CONDITIONS RELATED TO THE CONTENT

The Website Content does not reflect Metal Samurai ’s opinion. The views, comments or position statements contained in the Website only represent the views or positions taken by the author and in no time should be interpreted as endorse by Metal Samurai or its third-party suppliers. You acknowledge that Metal Samurai or its third-party suppliers can not be held responsible and therefore have no liability for any Content generated by a user of the Website, including, defamatory, hateful or otherwise offensive Content, notwithstanding the fact that the Content violates these Terms.

Suppression of improper Content of these Terms. Metal Samurai reserves the right to remove, at its sole discretion, any Content that it deems contrary to the conditions or the essence of the Terms, without any notice. You are responsible of the content disclosed in connection with the use of the Website, which information must at no time be false, inaccurate or misleading, immoral or illegal.

USER BEHAVIOR

Phaze reserves the right to refuse, block access or close user accounts and/or modify or cancel orders at our sole discretion, for any cause or without cause.

Hacking and Reverse Engineering. You agree not to undermine or damage the Website. In particular, you agree not to overload, disturb, commit hacking, modify the source code of the Website or perform reverse engineering of the Website or any associated software. Moreover, you agree not to interfere with the use of the Website by other users.

Access to the Website. You agree to only access the Website through the http protocol using an Internet browser. You agree not to attempt to gain access to Metal Samurai ’s servers, by any way, especially by using the administrator account. You also agree not to display or allow the use of any Website Content that is not publicly accessible.

Personal use only. Use or consultation of the Website is strictly personal. It is strictly forbidden to pretend to be a third party by using an account or by browsing our Website. You commit not to open more than one account on the Website.

Collection of information. You agree not to use processes, software or other means or automated or manual processes in order, to access, collect information, browse or scan the Website.

Authorized purpose only. You agree not to use the Website in any other purpose, commercial or other, not expressly authorized by these Terms.

INTELLECTUAL PROPERTY RIGHTS

License concession in favor of Metal Samurai . By submitting Content to the Website, you grant us an unlimited, perpetual, transferable, non-exclusive license on the Content posted on the Website. You allow us to display it on the Website. The Content may be reproduced, reused, redistributed or modified in any way or form whatsoever, without your prior consent. Any communication or content that you post or list on this Website or transmit to Metal Samurai by email or otherwise, including, without limitation, any entry into any contests or sweepstakes, essays, questions, comments, suggestions or others, is and will be treated as non-confidential and non-proprietary and may be used by Metal Samurai and his suppliers (and their respective affiliates, agents or subcontractors) and other users for the purposes of, including without limitation: reproduction, modification, disclosure, transmission, publication, broadcast and display of advertising or promotion in the media, currently known or subsequently conceived or created, without further authorization, consent, payment or other consideration, unless prohibited by law.

Grant of license by Metal Samurai . By using or browsing on the Website, Metal Samurai grants you a limited, non-transferable, non-transferable, revocable, non-exclusive license on the Content, allowing you to display, print for your personal and non commercial use, as well as share it on social networks, subject to your commitment to not alter the Content in any way. Any other use of the Content is prohibited. The Content may not be reproduced, reused, redistributed in any way or in any form whatsoever other than as permitted under these Terms without the prior written consent of Metal Samurai . Metal Samurai remains, at all times, the sole and exclusive owner of the databases, programming codes or any other intellectual property related to the Website.

Trademarks. The Website Content belongs entirely to Metal Samurai or to the holder identified by it, and is protected by applicable laws, including copyright laws. It is strictly prohibited to copy, reproduce, publish, rebroadcast, transmit or use in any manner without our prior written consent, except in accordance with these Terms. In addition, all trademarks, registered or not, and all business names contained on this Website belong to Metal Samurai or the holder who validly granted a license.

THIRD-PARTIES WEBSITE

Terms of Use and Privacy Policy. You acknowledge that the Website may be use by third-party websites, including Facebook, Twitter and Google+. These websites are governed by their own terms of use, which does not have the effect of replacing or cancelling the Terms. You acknowledge that Metal Samurai is not aware of these policies and can not provide any recommendations or opinions on their content. When you access an external website by clicking on a hyperlink on the Website, it is your responsibility to review these terms and conditions.

Content. Our Website may include links to other websites owned by third parties. Please be aware that Metal Samurai has no control over the content of those websites. Therefore, you acknowledge that Metal Samurai did not read all the content available on those websites, which links are in the Website Content. Metal Samurai disclaims any liability for any website content on which it has no control. By accessing a website with a link in the Website Content, you do so, at your own risk. Finally, you acknowledge that the inclusion of such links does not mean that Metal Samurai sponsorship trademarks, business names, service marks, designs, logos, symbols or other material protected by copyright displayed thereon, that Metal Samurai is affiliated or associated or that Metal Samurai is legally authorized to use it.

COMPENSATION

Within the limits permitted by law, in the event of a third-party claim against Metal Samurai or its representatives or agents, related, directly or indirectly, with a violation of these Terms, you agree to take up the defence of Metal Samurai , and to free us from any loss in connection with such claims, including legal fees.(including all reasonable extrajudicial costs).

To the extent permitted by applicable law, you will defend and hold Metal Samurai harmless against any claims and against liabilities and costs, including legal fees and expenses, arising from any of the following situations :

(i) your breach of these Terms;

(ii) your use of this Website and its Content, and the posting or transmission on this Website of any information or other materials that you have prepared yourself or others using your account have prepared. You agree to notify Metal Samurai without delay of the unauthorized use of your account, as soon as you become aware of it, and to take all necessary measures to prevent such a situation from recurring.

LIABILITY WAIVER AND LIMITATION OF LIABILITY

Metal Samurai USES ITS COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE WEBSITE IN A SECURE FRAMEWORK AND ENVIRONMENT WITHOUT DEFECT. NEVERTHELESS, YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. Metal Samurai PROVIDES THE WEBSITE “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY OF INFORMATION, OR NON INFRINGEMENT. Metal Samurai DOES NOT GUARANTEE THAT THE WEBSITE IS ALWAYS SAFE AND SECURE INCLUDING WITHOUT LIMITATION FOR THE CONDUCT OF A TRANSACTION VIA THE WEBSITE. ALSO, WE DO NOT GUARANTEE THAT THE WEBSITE IS ERROR-FREE OR THAT THE WEBSITE WILL WORK WITHOUT INTERRUPTION, DELAY OR IMPERFECTION. Metal Samurai ASSUMES NO RESPONSIBILITY FOR ACTIONS, CONTENT, INFORMATION OR THIRD-PARTY DATA. WITHIN THE LIMITS PERMITTED BY LAW, BY USING THE WEBSITE, YOU RELEASE Metal Samurai , MEMBERS OF THE MANAGEMENT, MEMBERS OF ITS BOARD OF DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITY FOR ANY CLAIMS OR DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO COMPLAINTS OR DAMAGES AGAINST SUCH THIRD PARTY. WHETHER DAMAGES RESULT FROM THIS STATEMENT OR DESPITE THE FACT THAT Metal Samurai HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, Metal Samurai CAN NOT BE HELD LIABLE FOR LOST OF PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. Metal Samurai ’S TOTAL LIABILITY, UNDER THIS STATEMENT DOES NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100). THE HIGHEST VALUE BEING CONSIDERED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IF THE LIMITATION OR EXCLUSION ABOVE DO NOT APPLY, Metal Samurai ’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM PERMITTED BY APPLICABLE LAW. ALSO, Metal Samurai , ITS AFFILIATES AND AFFILIATED COMPANY, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS, CAN NOT BE LIABLE TOWARDS YOU OR ANY OTHER PERSON FROM LOSSES AND DAMAGES WHATSOEVER, INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES THAT YOU MAY INCURRED DIRECTLY OR INDIRECTLY, FROM THE USE OR THE PERFORMANCE OF THIS WEBSITE, THE INFORMATION CONTAINED OF THE CONTENT THEREOF OR FROM ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEB SITE.

Metal Samurai WILL NOT BE HELD LIABLE FOR ANY DAMAGE OR INJURY ARISING OUT OF THE USE OF THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE CAUSED BY THE USE, INCLUDING BUT NOT LIMITED TO. ALLERGIC REACTIONS TO THE PRODUCTS, INABILITY TO USE THE CONTENT OR THE WEBSITE, BREACH, ERROR, OMISSION, DELAY OR COMPUTER VIRUS.

Metal Samurai DISCLAIMS ANY RESPONSIBILITY FOR THE MATERIAL ON HIS WEBSITE. THIS MATERIAL INCLUDES IN PARTICULAR: GENERAL INFORMATION, WHICH IS NOT INTENDED TO TAKE INTO ACCOUNT THE SPECIFIC CIRCUMSTANCES OF A PERSON; INFORMATION THAT IS INCOMPLETE, INCORRECT, INACCURATE OR NOT UPDATED; ALL INFORMATION FROM EXTERNAL SITES OVER WHICH Metal Samurai HAS NO CONTROL; AND THE INCLUSION OF ANY LINK DOES NOT MEAN APPROVAL BY Metal Samurai .

WITHOUT LIMITING THE SCOPE OF THE FOREGOING, Metal Samurai OR HIS AFFILIATES ALSO DISCLAIM ANY LIABILITY RELATING TO THE FOLLOWING:

– ERRORS OR DOWNTIME OF THE WEBSITE (OR SERVERS) OR WHICH RESULT FROM AN INTERRUPTION, STOP OR OPERATING ANOMALY OF THE INTERNET SERVICES OR THE TELECOMMUNICATIONS SERVICES OF A THIRD PARTY;

– FOR ANY CONTENT POSTED BY A USER OR THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN SUCH CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF SUCH CONTENT POSTED, LISTED, SENT BY EMAIL, TRANSMITTED OR AVAILABLE THROUGH THE WEBSITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Metal Samurai CANNOT BE HELD RESPONSIBLE FOR ANY DELAY IN THE EXECUTION OF HIS OBLIGATIONS OR FOR THE NON-PERFORMANCE OF THESE UNDER THESE TERMS OR WITH RESPECT TO ANY TRANSACTIONS OR ORDERS MADE ON HIS WEBSITE.

IF APPLICABLE, THE INFORMATION PRESENTED ON THE WEBSITE IS PROVIDED TO YOU FOR YOUR INFORMATION ONLY AND CANNOT REPLACE THE ADVICE, DIAGNOSIS OR OPINION OF A PHYSICIAN, PHARMACIST OR ANY OTHER HEALTHCARE PROFESSIONAL. IN NO EVENT SHOULD YOU IGNORE THE ADVICE OF A HEALTHCARE PROFESSIONAL OR DELAY IN OBTAINING SUCH ADVICE DUE TO CONTENT YOU MAY HAVE READ ON THE WEBSITE, THIS INFORMATION SHOULD NOT BE USED FOR ANY SELF-PRESCRIBE PRODUCTS, TO PREVENT, CURE OR TREAT ANY ILLNESS, DISORDER, PHYSICAL OR MEDICAL CONDITION. IF YOU ARE IN A MEDICAL EMERGENCY SITUATION OR IF RESULTS ARE REPORTED TO YOU THROUGH THE WEBSITE AND DIRECT YOU TO COMMUNICATE WITH A HEALTHCARE PROFESSIONAL, THEN YOU SHOULD CONTACT A HEALTHCARE PROFESSIONAL, A PROVIDER IMMEDIATELY. QUALIFIED HEALTH CARE OR LOCAL MEDICAL EMERGENCY SERVICE. IF YOU RELY ON THE INFORMATION PROVIDED ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK. IN NO EVENT SHOULD YOU ATTEMPT TO SELF-TREAT YOURSELF BASED ON ANY CONTENT SEEN OR READ ON THE WEBSITE. WITHOUT RESTRICTING THE GENERAL SCOPE OF THE FOREGOING, Metal Samurai SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DEATH CAUSED BY USE, OR MISUSE, OF THE WEBSITE OR ANY CONTENT FIND OUT BY YOU.

SCOPE OF CONVENTION

These Terms are binding and enforceable not only to the parties, but also, to their liquidator of the succession, successors, inheritors, legatees, assignees, agents or employees, respectively and permitted transferees.

PAYMENT

Method of payment. Orders placed on the Website can be paid by credit card (VISA and MASTERCARD) or Paypal.

Order refusal. Metal Samurai reserves the right to refuse any order in the event of:

(i) existing dispute with the buyer;

(ii) non-payment of a previous order by the buyer;

(iii) refusal of authorization of payment by credit card from banking organizations or non-payment.

GENERAL PROVISIONS

Titles and references. The division of these Terms in articles, paragraphs and subparagraphs and the insertion of headings is used only for reference and can not be used to interpret these Terms. Also, reference to a section includes all the articles therein, reference to an article includes the paragraphs and reference to a paragraph includes the subparagraphs therein.

Divisibility. The invalidity of any of the provisions herein shall not affect the validity of the remaining provisions of these Terms and shall be interpreted as if the invalid provision was omitted.

Default. Metal Samurai ’s default or delay to exercise a right, action or privilege under these Terms do not contain a waiver to such right, action or privilege. Also, Metal Samurai is not foreclosed from exercising any right, action or privilege, previously not exercised, entirely or partially.

Applicable Law. These Terms and their interpretation, execution, application, validity and effects are subject to the laws of the province of Quebec and the laws of Canada applicable therein govern partially or entirely all provisions contained therein. Within the limits permitted by law, any claim, directly or indirectly, hereunder will be subject to the exclusive jurisdiction of the courts of Quebec, to the exclusion of the courts of any other jurisdiction.

Modification. Metal Samurai reserves the right, at any time and without notice, in its sole discretion, to modify the Website, the Content and the Terms. When the Terms are modified, Metal Samurai commits to changing the date of the last update listed above. If you continue to browse the Website, you agree to be bound by these Terms, including any modifications. Otherwise, your only option is to stop using the Website.