TERMS AND CONDITIONS
Last update: October 30, 2024
We thank you for visiting our Website (as hereinafter defined). We invite you to carefully read and understand the following terms and conditions, as they describe your rights and responsibilities as a user of our Website.PurposeVibrant Studios Inc. (“Vibrant Studios”, “we”, “us” or “our”) operates the Internet websites https://www.vibrantstudios.events and https://tickets.dndimmersive.com (collectively the “Website”). Your use of the Website is subject to the following terms and conditions, without limitation, as amended from time to time (the “Terms”). It is your responsibility to visit the Terms periodically to ensure that you accept any changes. Your continued use of the Website supposes your agreement to such changes. By using the Website, you acknowledge that you have read and understood the Terms and agree to be bound by such Terms. If you do not accept the Terms, do not use the Website in any way whatsoever. AccessThe Website may become unavailable due to maintenance, updates, software malfunction or any other reason. We reserve the right to alter, suspend or discontinue the Website at any time and for any reason, without prior notice.
Use of the WebsiteYou agree to use the Website for legitimate purposes and in compliance with applicable laws and regulations, including but not limited to intellectual property, privacy, copyright and trademark laws. If you fail to comply with the Terms, we reserve the right to immediately deactivate or delete your account and/or prohibit you from using and accessing the Website. We shall not be liable to you or any third party for any deactivation of your account, or any termination or cancellation of your access to, or use of, the Website.
NoticesWe will post any necessary notices on the Website. You agree to visit the Website periodically for notices and to be considered as having received such notice when it is posted on the Website. You authorize us to send notices via electronic mail as well.
Personal InformationPlease refer to our Privacy Policy for information regarding the collection, use and sharing of your personal information.
Errors and OmissionThe purpose of the Website is to provide information to users about Vibrant Studios and its experiences, programs, products and services. Although Vibrant Studios makes every reasonable effort to ensure that the information on the Website is accurate and up to date, it is possible that, from time to time, such information may be incomplete, contain errors or be out of date or inaccurate. We reserve the right to correct any errors or omissions at any time, at our sole discretion, and to change or update any information on the Website, without prior notice. We do not undertake to update information and correct any defect on the Website, except as required by law. Considering the above, and to the fullest extent allowed by law, except as explicitly stated in these Terms, the Website and all its content are provided on an “as is” basis, without any representations or warranties, express or implied. This includes, but is not limited to, warranties regarding merchantability, availability, non-infringement, accessibility, accuracy, completeness, legality, ownership, or fitness for a particular purpose. No warranties are given based on prior conduct, business practices, or any other implied obligations under applicable laws.
IndemnificationYou agree to defend and indemnify us, and hold us and our affiliates harmless, and our respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses in any way arising from, related to or in connection with your use of the Website, your violation of the Terms or your violation of any law or right of a third party.
Limitation of LiabilityWe are not responsible or liable for any damages of any kind, including direct, indirect, punitive, incidental, special, or consequential damages, such as loss of use, data, or profits. This applies to any claims arising from or related to the use or performance of the Website, delays or inability to access the Website, the provision or failure to provide services, any information, software, products, services, or related graphics obtained through the Website, or any other website-related issues. This limitation of liability applies regardless of whether the claim is based on contract, civil liability, negligence, strict liability, or any other legal theory. If you are dissatisfied with any part of the Website or these Terms, your sole and exclusive remedy is to stop using the Website.
Links to Third-Party WebsitesWe do not review, endorse, approve, recommend or control, and are not responsible or liable for any opinion, advice, statement, offers, events or other information or content expressed or made available on the Website by third parties. The links from or to websites outside our Website are for convenience only and accessible at your own risk. We make no warranties or representations regarding the content of any thirdparty websites, or the accuracy or reliability of any opinion, advice, statement, offers, events or other information or content expressed or made available on such websites. The use and access to any third-party websites is governed by the terms and conditions of such websites and not by the Terms set forth herein.
Account SecurityIf you sign up for an account on the Website, you agree to provide current, complete and accurate information on the application form. You are solely responsible for ensuring the confidentiality of your account and for all activities that occur under your account.
Use Comments, Feedback, and Other SubmissionsYou acknowledge your responsibility for the information, profiles, opinions, messages, comments and any other content (collectively the “Content”) that you post, distribute or share on or through the Website. You further acknowledge that you are entirely responsible for the Content, its legality, its accuracy and its intellectual property ownership. We reserve the right to edit, adapt, recreate, delete, publish or distribute any Content that you submit. You acknowledge that any Content becomes our exclusive property.
Protection of Website ContentAll content on the Website – including text, graphics, logos, icons, images, audio and video clips, designs, reports, special offers, press releases, software, and other intellectual property (collectively, the "Copyrighted Content") – is protected by copyright and owned by or licensed to Vibrant Studios. The Copyrighted Content may contain or display trademarks, service marks and trade names (collectively the “Trademarks”), belonging to or licensed by Vibrant Studios or its affiliates or belonging to third parties. Trademarks must not be used to promote or advertise content unrelated to our services or be associated in any way that falsely suggests an affiliation with another person, entity, or organization, or in any misleading manner.
You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the content on the Website in any way for any public or commercial purpose, or on any other website, networked computer environment or server, without our prior written consent or the written consent of the rights holder. In the event of a breach of the terms and conditions set out in this section, you must immediately destroy any copies you have made of the Copyrighted Content and we may, at our sole discretion, terminate or cancel your access to or use of the Website. No Copyrighted Content or any other content available on the Website shall be construed as conferring any license or right under any intellectual property rights of Vibrant Studios, its affiliates or any third party, including but not limited to copyrights, trade secrets, patents and trademarks.
You are prohibited from selling, reproducing, distributing, copying, duplicating, reselling, modifying, displaying, publicly performing, creating derivative works from, framing, mirroring, reposting, or otherwise exploiting the Website Content for any commercial or public purpose without prior written consent from us or the rights holder. Any breach of these terms requires you to immediately destroy any copies of the Copyrighted Content, and we reserve the right to terminate or revoke your access to the Website at our sole discretion. No content on the Website, including the Copyrighted Content, shall be interpreted as granting any license or right under any intellectual property laws, including but not limited to copyrights, trade secrets, patents, or trademarks, owned by Vibrant Studios, its affiliates, or third parties.
By agreeing to these Terms, you agree not to interfere in any way whatsoever with the proper working of our infrastructures, including but no limited to unsolicited communications, attempts to gain unauthorized access, or the transmission or activation of computer viruses or malware.
Entire AgreementThe Terms and any documents expressly referred to herein represent the entire agreement between you and Vibrant Studios in relation to the purpose of the Terms and nothing said or written previously which is not contained herein shall have any effect.
WaiverOur failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. A waiver by us of any right arising out of a breach of the Terms shall be construed restrictively and as applying only to that breach. The only effective waivers from us are those communicated to you in writing.
HeadingsAny headings and titles herein are for convenience only and shall not be deemed to be part of the interpretation of the Terms.
SeverabilityIf any of the provisions of the Terms is declared unlawful, void, invalid, or unenforceable by a competent authority, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall continue in full force and effect to the fullest extent permitted by law.
Governing LawThis Website is operated from the City of Montreal, Province of Quebec, Canada. Therefore, any dispute arising from or relating to the interpretation and application of the Terms shall be resolved in accordance with the laws in force in the Province of Quebec. Only the courts of the Province of Quebec shall have jurisdiction.