Terms of Use
All use of this website at www.burningshenanigans.com is subject to the following terms and conditions as well as the terms set out in the Privacy Policy on a separate page.
Your use of this website constitutes your agreement to be bound by these terms, as amended from time to time. If you do not agree with these terms and conditions, please discontinue all use of this website.
The operators of this website are known as the “Burning Shenanigans” and they provide this web site as a public forum where individuals may access and anonymously share information of interest to the community.
INTELLECTUAL PROPERTY
User Content
Certain features of this website may permit users to post content, including messages, reviews, photos, video images, data and other works for publication to other account holders and/or the general public (the “User Content”). All User Content shall be and remain the sole property of the user. Users warrant that the User Content published by themselves via this website is their own original work or that they have legal authority to use, publicly disclose and reproduce such work.
The views and opinions expressed in the User Content are those of the authors and do not necessarily reflect the official policy or position of the Burning Shenanigans or any other person, organization or company. It is the user’s responsibility to verify all information posted to this website by Burning Shenanigans or others.
Users hereby grant the Burning Shenanigans a non-exclusive, limited, royalty-free, worldwide and perpetual license to use, publicly display, reproduce and distribute all User Content via its website at. This license does not grant the Burning Shenanigans the right to reproduce or otherwise distribute such material in any other media.
The Burning Shenanigans reserves the right to remove any User Content at any time, including material which in its sole judgment violates any of these terms and conditions, threatens the privacy or security of any person or entity or is otherwise considered inappropriate for any reason.
Burning Shenanigans Content
Unless otherwise specified above, the copyright in this website and all materials contained in it are owned or licensed by the Burning Shenanigans, including the layout and graphics that appear on all user interfaces. The content of this website as a whole, or in part, may not be reproduced without the express prior written consent of the Burning Shenanigans. To obtain such consent, please contact our marketing department at support@burningshenanigans.com.
BURNING SHENANIGANS™ is a trademark of the Burning Shenanigans. All other brand names, product names and trademarks are the property of their respective owners.
LINKING TO WWW.BURNINGSHENANIGANS.COM
The Burning Shenanigans acknowledges and appreciates links to the www.burningshenanigans.com website. Links should go directly to the homepage at www.burningshenanigans.com.
LINKS TO THIRD-PARTY SITES
This website includes hyperlinks to third-party sites. These links are provided for convenience only and do not mean that the Burning Shenanigans endorses or recommends the material contained in linked websites, or guarantees its accuracy, timeliness or fitness for a particular purpose. The Burning Shenanigans takes no responsibility for the content or practices of third-party sites.
CONFIDENTIALITY OF COMMUNICATIONS
The Burning Shenanigans does not guarantee the confidentiality of any communications sent to it by email. For more information on communication options, please refer to the Privacy Policy.
TERRITORY
This website can be accessed from Canada and other countries around the world. However, we operate this website from Canada and we make no representation that the information or services made available via this website will be available or lawful in other jurisdictions. If any of the terms herein are held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts shall remain in force.
PROHIBITED CONDUCT & TERMINATION
All users agree that they will not:
- knowingly use this website for any illegal purpose or in violation of any local, provincial, national, or international law;
- violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third-party intellectual property rights;
- post, upload, or distribute any User Content or other content that is irrelevant, repetitive, unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security-related features of this website, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or
(ii) reverse engineering or otherwise attempting to discover the source code of this website or any part thereof except to the extent that such activity is expressly permitted by applicable law; - interfere with the operation of this web site or any other users’ enjoyment of this web site, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) sending unsolicited electronic messages or otherwise making available offers or advertisements to other users, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to operate this web site;
- perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted exclusively to you as an account holder; or
- attempt to do any of the foregoing activities, or assist or permit any persons in engaging in any of the foregoing activities.
The Burning Shenanigans reserves the right to suspend or close the accounts of any party who violates the terms governing their relationship with the Burning Shenanigans or is subject to an ongoing investigation for an alleged violation of same.
INDEMNITY
You agree that you will be responsible for your use of this web site, and you agree to defend, indemnify, and hold harmless the opertators of this web site and their employees, consultants, affiliates and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of this web site; (ii) your violation of these terms governing your relationship with the Burning Shenanigans or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
DISCLAIMERS OF LIABILITY
Although the Burning Shenanigans has made reasonable efforts to ensure that this website is safe and free from errors, it does not warrant or guarantee: (a) that the site will be available without interruption, error or omission; (b) that defects will be corrected; or (c) that this website and the server(s) that make it available are free from viruses or harmful components. This website and the materials provided on this website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.
Under no circumstances whatsoever are the operators of this website liable to any account holder or any other person or entity for any indirect, incidental, special, consequential, punitive damages or lost profits arising from the posting or use of any material provided on this website or the loss of any data or material stored via this website including, without limitation, claims based on copyright, trade secrets, defamation or invasion of privacy, whether or not Burning Shenanigans had been informed of the possibility of such damage.
You further agree that the aggregate liability of the Burning Shenanigans to you for any and all claims arising out of or relating to your use of this website (whether in contract, tort or otherwise) is limited to the greater of: (i) the sums you paid to the Burning Shenanigans for access to and use of any and all services made available via this website in the 12 months prior to the claim or (ii) $500 CDN.
MODIFICATION OR TERMINATION OF SERVICES
We also reserve the right to modify or discontinue this website, or any feature previously made available via this website, at any time without notice.
Upon termination or expiration of the relationship between the Burning Shenanigans and any account holder for any reason, the terms set out herein that by their nature should survive will survive such termination.
The Burning Shenanigans shall have no liability whatsoever on account of any change, suspension or termination of any account or this website or of any feature previously made available via this website.
DISPUTES
These terms and conditions and the resolution of any dispute related to this web site shall be governed by and construed under, the laws of the Province of Ontario and the laws of Canada applicable therein. Any legal action or proceeding between the Burning Shenanigans and any user or account holder related to this website shall be brought exclusively in a court of competent jurisdiction located in the province of Ontario, Canada.
NOTIFICATION OF CHANGES
These terms may be changed by the Burning Shenanigans at any time. If we decide to change these terms of use, we will post the changes to this page and highlight the changes on our the homepage and other places we deem appropriate for at least 30 days after introduction to ensure that our account holders and other regular users are always aware of the terms under which they may use this website.
If the changed terms materially modify your rights and obligations, we may require your express consent. If you do not accept such changed terms, we may terminate your account(s) and your participation in or subscription to any service made available via this website.
COMMUNICATIONS
You may contact the Burning Shenanigans by emailing us at:
support@burningshenanigans.com.
You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements.
FEEDBACK
We welcome your feedback, if you have questions or comments about this website, these terms of use or the privacy policy please contact us at support@burningshenanigans.com.
PRIVACY POLICY
The Burning Shenanigans is committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy. This Privacy Policy covers the website at www.burningshenanigans.com.
INFORMATION COLLECTION AND USE INFORMATION COLLECTION
The Burning Shenanigans is the sole owner of the information collected on this website. The Burning Shenanigans may collect information from our users at several different points on this website.
REGISTRATION
If registration is required to leave comments or share information on this website, you will be asked to open an account and register to participate. To register, you must provide your name, date of birth and a valid email address. You must be at least eighteen years of age to participate.
You will be required to select a unique username and password for your account. The username and password are used to create and protect your personally identifiable information which shall be protected as confidential (subject to exceptions discussed below). You may update the information associated with your account or close the account at any time. The Burning Shenanigans reserves the right to close accounts which are dormant for more than one year. When an account is closed, all information recorded in the account may be removed from our system and permanently destroyed at any time.
You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify the Burning Shenanigans by sending an email to support@burningshenanigans.com with the word “URGENT” in the subject line.
Once you open an account and register to participate, the Burning Shenanigans will know your identity, but shall not disclose your personally identifiable information to any third party except:
- where necessary to do so to operate this website and manage your account with the assistance of our suppliers;
- where you provide your express consent; or
- where we are compelled by law to do so.
The Burning Shenanigans shall not sell or rent your personally identifiable information to any third-party but may use this information to send you information about new information or services made available via this website.
INFORMATION USE
a. User Profile
We may store information that we collect through cookies, log files and/or third parties to create a profile of our users. A profile is stored information that we may keep on individual users that identifies their particular viewing preferences. Consequently, collected information may be tied to their personally identifiable information to provide offers and improve the content of the site for the user. This profile may be used to tailor a user’s visit to our websites and to direct pertinent information to them. The profiles for individual users will NEVER BE SHARED with any third parties.
b. Cookies
A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We may use both session ID cookies and persistent cookies. For a session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
c. Log Files
Like many websites, we may use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We may also use an in-house tracking utility that uses log files to analyze user movement.
d. Special Communications and Updates
We may send all new account holders a welcoming email to verify their subscription. Established account holders and others who have participated in discussions on this website in the past may occasionally receive information on new activity and services available on the website. Out of respect for the privacy of all recipients, we present the option to not receive these types of communications. Please see the Opt-out section.
e. Service Announcements
On rare occasions, it may be necessary to send out a strictly service-related announcement. For instance, if this website is temporarily suspended we might send account holders an email. Generally, account holders may not opt-out of these communications, though they may be able to deactivate their account. However, these communications are not promotional in nature.
SHARING
a. Legal Disclaimer
Though we make every effort to preserve the privacy of our account holders, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on this website.
b. Service Providers
We may from time to time partner with other third parties to provide support services to maintain this website and provide related services. For these purposes, we may share names or other contact information that is necessary for the third party to provide these support services. These third parties are not allowed to use personally identifiable information for any other purpose.
OPT-OUT
You can ask us not to send you communications by following the opt-out instructions in each email or other communication or you may let us know by contacting the Burning Shenanigans at support@burningshenanigans.com.
LINKS
This website may contain links to other sites. Please be aware that the Burning Shenanigans are not responsible for the privacy practices of such other sites. This Privacy Policy applies solely to information collected on this website.
EMAIL
While we welcome email inquiries, email sent over the Internet is not secure and may be lost, intercepted, or altered. If you send personally identifiable information to us via email, we will not be liable if it is lost or intercepted, altered or misused by someone else.
SECURITY
The Burning Shenanigans takes every precaution to protect your personally identifiable information. Access to such information is restricted in our computer systems. Only individuals who need the information to perform a specific service are granted access to personally identifiable information.
CORRECTING/UPGRADING/DELETING/DEACTIVATING PERSONAL INFORMATION
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied.
If your personally identifiable information changes or if you no longer want to maintain an account with this website we provide a way to correct, update or delete your personally identifiable information. This can be done via your account or by contacting the Burning Shenanigans at support@burningshenanigans.com. We will respond within thirty (30) days of receipt of your written request.
We will also respond to inquiries about our policies and practices relating to the handling of your personal information. Inquiries should be directed to the Burning Shenanigans at support@burningshenanigans.com or by using the contact information provided below. We will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, we will take appropriate measures to resolve it, including, if necessary, amend this Privacy Policy and its procedures.
CONTACT: support@burningshenanigans.com
NOTIFICATION OF CHANGES
If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We will use information in accordance with this Privacy Policy. If we propose to use your personally identifiable information in a manner different from that stated in this Privacy Policy, we will notify you via email. You will have a choice as to whether or not we use their information in this different manner. If you have opted out of all communication with the website or deleted/deactivated your account, then you will not be contacted, nor will your personally identifiable information be used in this new manner.