1. Acceptance of Terms
a. By using or visiting a Bryston Limited (“Bryston”) website (the “Website”), you agree to these terms and conditions (the “Terms”).
b. Bryston Limited may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
2. Bryston Limited Website
a. These Terms apply to all users of the Website, including users who contribute content to the Website. The Website may contain interactive areas designed to allow you to post content on the Website and/or comment. The use of these features is additionally governed by the Code of Conduct.
b. The Website may contain links to third party websites that are not owned or controlled by Bryston Limited. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by Bryston Limited. Bryston Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
Bryston Limited, the Bryston Limited logo, designs and catch phrases on the website are official marks or trade-marks of Bryston Limited. Other names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the website may constitute registered or unregistered trade-marks of third parties. While certain trade-marks of third parties may be used by Bryston Limited, the display of third-party trade-marks on the website should not be taken to imply any relationship or licence between Bryston Limited and the owner of such trade-mark or to imply that Bryston Limited endorses the wares, services or business of the owner of such trade-mark. Nothing contained on the website should be construed as granting you any licence or right to use any trade-mark, logo, design or catch phrase of Bryston Limited or any third party, without the written permission of Bryston Limited or the respective owner of any third-party trade-mark.
5. Ownership of Website Content
a. As between you and Bryston Limited, Bryston Ltd owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website. Bryston Limited grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Website, subject to the following conditions:
they must be used or reproduced accurately, without any modification;
they must identify Bryston Limited as the source;
they must be used solely for non-commercial purposes; and
a copyright notice must appear on every copy in the following form: “© Bryston Limited All rights reserved”.
b. Bryston Limited’s express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.
c. The Bryston Limited logos are trade-marks of Bryston Limited, and may not be used without the express written permission of Bryston Limited.
6. Notice and Procedures for Making Claims of Copyright Infringement
It is the policy of Bryston Limited to respond to claims of intellectual property infringement. Bryston Limited will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to our contact email address firstname.lastname@example.org
To be effective, the notification of infringement must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Online Commerce
The Website may allow you to purchase many different types of products and services online that are provided by Bryston Limited (the “Wares” and “Services”). When ordering Wares and Services on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, and shipping address, as well as any other information requested.
Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. Bryston Limited, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Bryston Limited, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. Bryston Limited, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, Bryston Limited, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
The Website may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). Bryston Limited is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Website or linked from the Website, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by Bryston Limited.
You release Bryston Limited Canada and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Website or by third-party web sites through the Website.
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BRYSTON LIMITED DOES NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, BRYSTON LIMITED DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BRYSTON LIMITED MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE WEBSITE AT ANY TIME. BRYSTON LIMITED MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
9. LIMITATION OF LIABILITY
BRYSTON LIMITED, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF BRYSTON LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BRYSTON LIMITED., ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BRYSTON LIMITED, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY’S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, BRYSTON LIMITED WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
a. You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
b. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of the law’s provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Website is physically maintained and operated by Bryston Limited from the Province of Ontario.
c. You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
d. These Terms constitute the entire agreement between you and Bryston Limited with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
To use certain features of the Website, you may be asked to register with the Website. You agree:
a. to provide true, accurate, current and complete information about yourself as prompted by any registration form; and
b. to maintain and promptly update the information you provide to keep it true, accurate, current and complete.
To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Bryston Limited immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Bryston Limited cannot and will not be liable for any loss or damage arising from Bryston Limited’s failure or your failure to protect your password or account information.
14. Code of Conduct
a. You may not use the Bryston Limited Website for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website.
b. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, Bryston Limited’s servers or computer network, or interfere with any other party’s use and enjoyment of the Website.
c. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not:
post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users or domain names;
upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
d. While Bryston Limited prohibits such conduct and User Content in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk.
e. Bryston Limited reserves the right to monitor use of this Website to determine compliance with these Terms. Bryston Limited reserves the right to remove any User Content and/or terminate your Bryston Limited User Account without notice for breach or for any other reason.