Terms of Use

TRUE AND THE RAINBOW KINGDOM – TERMS OF USE

Dated August 1, 2017,

Introduction

This website (the “Website”) is owned and maintained by Guru True Ltd. (“Guru”) and is created for parents and children to use together. All materials on the Website are owned by Guru and/or its parent or affiliate companies.

Terms

PLEASE READ THESE TERMS (the “Terms”) CAREFULLY BEFORE USING THE WEBSITE. By accessing and using the Website, you consent to these Terms and acknowledge that it is subject to all applicable laws and regulations. Any submission of personal information through the Sites is governed by our privacy policy, located at www.trueandtherainbowkindom.com/privacypolicy (the “Privacy Policy”). These Terms, together with the Privacy Policy, constitute the entire agreement between the parties relating to the subject matter. If you do not agree to these Terms and/or the Privacy Policy, please do not use the Website.

Guru reserves the right to modify these Terms at any time, with immediate effect, by posting on the Website revised Terms. You agree to periodically review the Terms to learn of such revised Terms. In addition, your use of the Website may also be subject to additional or different terms or conditions imposed by third parties in connection with products or services that you may access through the Website.

Safety Guidelines

These guidelines are for parents or guardians of children who use the Internet. Parents should be aware of what their children are doing online. Websites that we link to are reviewed to ensure they are safe for kids and parents to explore. However, we are not responsible for any content from third party websites (e.g., websites that we don’t have control over). See section on Third Party Websites, below. Users of the Website should understand generally the risks involved in using the Internet. While the Internet can help kids learn about topics that are of interest to them, there are areas on the Internet that are not appropriate for kids.

Ownership and Restrictions on Use of Content

Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Guru and/or its parent or affiliate companies. The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website, retaining all copyright and other proprietary notices, for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website. Unless otherwise specified, the Website and the Contents are intended to promote Guru’s products and services available in Canada. Modification of the Contents or use of the Contents for any other purpose is a violation of ours and/or third parties’ copyright, trademark and/or other proprietary rights. If you download software from the Website, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you by us. We do not transfer title to the Software to you.

Submissions

We are pleased to hear from our loyal fans and welcome your comments regarding our products, including the Website. Our company policy, however, does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us and we will not accept, consider or review any original creative materials such as songs, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If despite our request that you do not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Website by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information“), or, if at our request you send us Information, then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, to edit, copy, publish, distribute, translate and otherwise use the Information and we shall not owe any compensation to the person submitting the Information or any third party. Further, we shall be under no obligation to maintain any Information in confidence.

Interactive Content

In order to make the Website more interactive we may occasionally ask users to submit videos, photographs and/or text (“Interactive Content”) for placement on the Website and/or to share such Interactive Content with other users. If you submit Interactive Content to us on the Website, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Interactive Content you submit. This license includes the right to edit, host, index, cache, distribute, and tag such Interactive Content, as well as the right to sublicense the Interactive Content to third parties, including other users, for use on other platforms including but not limited to broadband, wireless, on demand, mobile phones, in video and music software computer programs. You represent and warrant that you own any such Interactive Content you submit, display, publish or post on the Website, and otherwise have the right to grant the license set forth herein. You further represent and warrant that the displaying, publishing or posting of your Interactive Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

Jurisdictional Issues

Unless otherwise specified, the materials on the Website are presented solely for the promotion of programs, films and other products available in Canada, its provinces, territories, possessions and protectorates. We control and operate the Website from our offices within the Province of Ontario, Canada. We make no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Website is further subject to Canadian export controls.

Termination

These Terms are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. These Terms will terminate immediately without notice from Guru if, in our sole discretion, you fail to comply with any term or provision of these Terms. Upon termination, you must destroy all materials obtained from the Website and any and all of our other websites and all copies thereof, whether made hereunder or otherwise.

Changes to Website

Guru reserves the right, at any time in our sole discretion, to modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Website.

Disclaimer

Your use and browsing of the Website is at your risk. If you are dissatisfied with any of the Materials contained in the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Website. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain of the disclaimers/limitation herein may be superseded by applicable local law.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GURU AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You specifically acknowledge and agree that we and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website (including any Message Board) or the server that makes it available, or your downloading of any Materials from the Website.

Third Party Websites

The Website may contain links to other websites that are not under the control of Guru. Neither Guru, nor its parent, affiliates or subsidiaries have any responsibility for such third party linked website nor does linking constitute an endorsement of any linked website. We have not reviewed all of the third party Websites which may be linked to the Website and are not responsible for the contents of or any products or services offered in such third party Websites, nor guarantee the accuracy, completeness, or usefulness of any content provided on or through the Website. You access and use the third party websites at your own risk. You should review such third party website’s own terms of use and privacy policies before using them.

Limitation of Liability

Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. Guru shall not be liable for any losses, claims or damages of any kind related to your use of the Website. The Website and Contents are provided “as is” without any warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Guru expressly disclaims any responsibility to update or revise the materials on the Website.

IN NO EVENT SHALL GURU, OUR PARENT COMPANY, AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITE OR THE CONTENTS, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, HOWEVER SUCH DAMAGES OR LOSSES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY.

In no event shall our total liability to you if any for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you, if any, for accessing the Website. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify and hold Guru, its parent, affiliates, subsidiaries, licensors, licensees, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, the Contents and/or your breach of any representation, warranty, or other provision of the Agreement.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the Province of Ontario, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the provincial and/or federal courts of Ontario or Canada. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Guru’s right to require strict observance of each of the terms herein.