Conditions de services – Je passe le chapeau

(beta version: please refer to the original English version; translations in other languages are automatic and they have not been corrected yet)

1. Introduction; Your Agreement to these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS DOCUMENT IS A BINDING CONTRACT. Welcome to the services operated by “I pass the hat .com” (and its affiliates, “I pass the hat .com”) consisting of the website available at http://www. “I pass the hat .com”, its network of websites, and the software applications, or any other products or services offered by “I pass the hat .com” ( “I pass the hat .com” services ). The other services may be subject to separate terms. When using the services you will be subject to the privacy policy from “I pass the hat .com”, the community guidelines from “I pass the hat .com”, and you will be subject to additional guidelines or rules that are posted in the services of “I pass the hat .com” or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. “I pass the hat .com” may also offer certain paid services, which are subject to the “I pass the hat .com” terms of sale as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines (“the Guidelines”) are incorporated into these Terms of Service by reference. The terms of service apply whether you are a user that registers an account with the “I pass the hat .com” services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the “I pass the hat .com” services, you are entering into a legally binding agreement between you and “I pass the hat .com” regarding your use of the “I pass the hat .com” services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the “I pass the hat .com” Services. When using or opening an account with “I pass the hat .com” on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you:

are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; et
agree to these Terms of Service on behalf of such Subscribing Organization. When you use or open an account with “I pass the hat .com” on behalf of a business, entity or organization (collectively, “subscribed organization”), you represent and warrant that you:
1. are an authorized representative of this subscribed organization with the power to bind this organization to these conditions of use and to grant the licenses set out herein; et
2. accept these terms of use on behalf of this subscribed organization.

2. Use of “I pass the hat .com” by Minors and Blocked Persons

The “I pass the hat .com” Services are not available to persons under the age of 13 years old. If you are between the ages of 13 et 18 years old (or between 13 years old and the age of legal majority in your jurisdiction of residence), you may only use the “I pass the hat .com” Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The “I pass the hat .com” Services are also not available to any Users previously removed from the “I pass the hat .com” Services by “I pass the hat .com”. Finally, the “I pass the hat .com” Services are not available to any persons barred from receiving them under the laws of Canada (such as it’s export and re-export restrictions and regulations) or applicable laws in any other jurisdiction. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE “I pass the hat .com” SERVICES, YOU STIPULATE THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 YEARS OLD AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE SERVICES FROM “I pass the hat .com”.

3. Privacy Policy

Your privacy is important for “I pass the hat .com”. Please see our Privacy Policy for information relating to how we collect, we use, and we disclose your personal information, and Privacy Choices on how you can manage your online privacy when you use the “I pass the hat .com” Services.

4. Account

User name and Password
- In order to open an account, you will be asked to provide us with certain information such as an account user name and password. You are solely responsible for maintaining the confidentiality of your user name and password, for restricting access to your computer, and for all activities that occur under your user name or password. Please make sure the information you provide to “I pass the hat .com” upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge. Unless expressly permitted in writing by “I pass the hat .com”, it’s not possible to sell, to rent, to share or to provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. “I pass the hat .com” reserves all available legal rights and remedies to prevent unauthorized use of the “I pass the hat .com” Services, including, but not limited to, technological barriers, IP mapping, et, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Third-Party Accounts
- “I pass the hat .com” may permit you to register for and log on to the “I pass the hat .com” Services via certain third party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how “I pass the hat .com” collects, uses and discloses your personal information when you link your “I pass the hat .com” account and with your account on any third party service can be found in our Privacy Policy.

5. Use of Devices and Services

Access to the “I pass the hat .com” services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the “I pass the hat .com” Services.

6. Modification of these Terms of Service

“I pass the hat .com” may amend any of the terms of these Terms of Service by posting the terms. Your continued use of the “I pass the hat .com” Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

Twitch may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Twitch Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

For residents of the Republic of Korea, “I pass the hat .com” will provide reasonable prior notice regarding any material amendments to its Terms of Service. All amendments shall become effective no sooner than 30 calendar days after posting; provided that any amendment regarding newly available features of the Service, features of the Service that are beneficial to the user, or changes made for legal reasons may become effective immediately.

7. License

The “I pass the hat .com” Services are owned and operated by “I pass the hat .com”. Unless otherwise indicated, all content, information, and other materials on the “I pass the hat .com” Services (excluding User Content, set out in Section 8 below), including, without limitation, “I pass the hat .com”’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the “I pass the hat .com” Services are the property of “I pass the hat .com” or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by “I pass the hat .com”, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the “I pass the hat .com” Services for your personal use or internal business use only. “I pass the hat .com” reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following:

resale or commercial use of the “I pass the hat .com” Services or the Materials;
distribution, public performance or public display of any Materials;
modifying or otherwise making any derivative uses of the “I pass the hat .com” Services or the Materials, or any portion of them;
use of any data mining, robots or similar data gathering or extraction methods;
downloading (except page caching) of any portion of the “I pass the hat .com” Services, the Materials, or any information contained in them, except as expressly permitted on the “I pass the hat .com” Services; or
any use of the “I pass the hat .com” Services or the Materials except for their intended purposes. Any use of the “I pass the hat .com” Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of “I pass the hat .com”, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. “I pass the hat .com” can terminate this license at any time, without notice, including where we reasonably consider that:
1. your use of the “I pass the hat .com” Services violates these Terms of Service or applicable law;
2. you fraudulently use or misuse the “I pass the hat .com” Services; or
3. we are unable to continue providing the “I pass the hat .com” Services to you due to technical or legitimate business reasons.

8. User Content

“I pass the hat .com” allows users to distribute streaming live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities in which you may create, Publier, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the “I pass the hat .com” Services (“User Content”).

License to “I pass the hat .com”
1. Unless otherwise agreed to in a written agreement between you and “I pass the hat .com” that was signed by an authorized representative of “I pass the hat .com”, if you submit, transmit, display, perform, post or store User Content using the “I pass the hat .com” Services, you grant “I pass the hat .com” and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to
  1. use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the “I pass the hat .com” Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; et
  2. use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that “I pass the hat .com” and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
2. With respect to User Content known as “add-ons”, “maps”, “mods”, or other types of projects submitted through “I pass the hat .com” or related sites (“Submitted Projects”), the rights granted by you hereunder terminate once you remove or delete such Submitted Projects from the “I pass the hat .com” Services. You also acknowledge that “I pass the hat .com” may retain, but not display, distribute, or perform, server copies of Submitted Projects that have been removed or deleted.
3. With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the “I pass the hat .com” Services, or generally by closing your account, except
  1. to the extent you shared it with others as part of the “I pass the hat .com” Services and others copied or stored portions of the User Content (e.g., made a Clip);
  2. “I pass the hat .com” used it for promotional purposes; et
  3. for a reasonable time, it takes to remove from backup and other systems.
User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that:

you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein;
your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person;
your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; et
unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of “I pass the hat .com” or third parties. “I pass the hat .com” reserves all rights and remedies against any users who breach these representations and warranties.

“I pass the hat .com” uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, “I pass the hat .com” does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that “I pass the hat .com” shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against “I pass the hat .com” for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY “I pass the hat .com” HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

Promotions

Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through or utilizing the “I pass the hat .com” Services (a “ Promotion ”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules:

You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions.
You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes, and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. “I pass the hat .com” has the right to remove your Promotion from the “I pass the hat .com” Services if “I pass the hat .com” reasonably believes that your Promotion does not comply with the Terms of Service or applicable law.
“I pass the hat .com” is not responsible for and does not endorse or support any such Promotions. You may not indicate that “I pass the hat .com” is a sponsor or co-sponsor of the Promotion. (iv) You will display or read out the following when a promotion is a connection with your promotion: “This is a promotion by (your name). “I pass the hat .com” does not sponsor or endorse (your name)’s promotion. And “I pass the hat .com” is not responsible for this promotion”.

You agree that your User Content will comply with the Competition Bureau’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the Competition Bureau’s .com Disclosures Guide, the Competition Bureau’s Native Advertising Guidelines, Office of the protection of consumers, laws on advertising and any other guidelines issued by the Competition Bureau from time to time (“Competition Bureau Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the “I pass the hat .com” Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the “I pass the hat .com” Services, you agree to comply with the Competition Bureau Guidelines’ requirements for disclosing such relationships. You, and not “I pass the hat .com”, are solely responsible for any endorsements or testimonials you make regarding any product or service through the “I pass the hat .com” Services.

Political Activity

Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; but not providing links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law and that you will abide by all relevant laws and regulations while doing so. You agree not to solicit the use of or use any “I pass the hat .com” monetization tool (e.g., Donation or subscriptions) for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election. Candidates for political office are not eligible to use any “I pass the hat .com” monetization tool on their channels.

9. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the “I pass the hat .com” Services. You agree that you will comply with these Terms of Service and “I pass the hat .com”’s Community Guidelines and will not:

create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the “I pass the hat .com” Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the “I pass the hat .com” Services, or perform any other similar fraudulent activity;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the “I pass the hat .com” Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests (except benefice events), petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
harvest or collect the email addresses or other contact information of other users from the “I pass the hat .com” Services;
defame, harass, abuse, threaten or defraud users of the “I pass the hat .com” Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the “I pass the hat .com” Services or User Content, features that prevent or restrict use or copying of any content accessible through the “I pass the hat .com” Services, features that enforce limitations on the use of the “I pass the hat .com” Services or User Content, or delete the copyright or other proprietary rights notices on the “I pass the hat .com” Services or User Content;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the “I pass the hat .com” Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
modify, adapt, translate or create derivative works based upon the “I pass the hat .com” Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
interfere with or damage operation of the “I pass the hat .com” Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
relay email from a third party’s mail servers without the permission of that third party;
access any website, server, software application, or other computer resource owned, used and/or licensed by “I pass the hat .com”, including but not limited to the “I pass the hat .com” Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures “I pass the hat .com” may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed “I pass the hat .com”, including but not limited to the “I pass the hat .com” Services;
manipulate identifiers in order to disguise the origin of any User Content transmitted through the “I pass the hat .com” Services;
interfere with or disrupt the “I pass the hat .com” Services or servers or networks connected to the “I pass the hat .com” Services, or disobey any requirements, procedures, policies or regulations of networks connected to the “I pass the hat .com” Services; use the “I pass the hat .com” Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the “I pass the hat .com” Services, or that could damage, disable, overburden or impair the functioning of the “I pass the hat .com” Services in any manner;
use or attempt to use another user’s account without authorization from that user and “I pass the hat .com”;
attempt to circumvent any content-filtering techniques we employ or attempt to access any service or area of the “I pass the hat .com” Services that you are not authorized to access;
attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; et
use the “I pass the hat .com” Services for any illegal purpose or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. “I pass the hat .com” takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is “I pass the hat .com” liable for any mistakes, defamation, slander, libel, omissions, falsehoods you may encounter when using the “I pass the hat .com” Services. Your use of the “I pass the hat .com” Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the “I pass the hat .com” Services will not contain any content that is prohibited by such rules. “I pass the hat .com” is not liable for any statements or representations included in User Content. “I pass the hat .com” does not endorse any User Content, opinion, recommendation, or advice expressed therein, and “I pass the hat .com” expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, “I pass the hat .com” reserves the right to remove, screen or edit any User Content posted or stored on the “I pass the hat .com” Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the “I pass the hat .com” Services at your sole cost and expense. Any use of the “I pass the hat .com” Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the “I pass the hat .com” Services.

10. Respecting Copyright

“I pass the hat .com” respects the intellectual property of others and follows the requirements set forth in the Canadian Notice and Notice (“CNAN”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the “I pass the hat .com” Services infringes upon your copyright, please submit a notice following our CNAN Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.

11. Trademarks

“I pass the hat .com”, the “I pass the hat .com” logos and any other product or service name, logo, or slogan used by “I pass the hat .com”, and the look and feel of the “I pass the hat .com” Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of “I pass the hat .com”, and may not be used in whole or in part in connection with any product or service that is not “I pass the hat .com”’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “I pass the hat .com”, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that “I pass the hat .com” may provide you from time to time. All other trademarks referenced in the “I pass the hat .com” Services are the property of their respective owners. Reference on the “I pass the hat .com” Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

12. Third Party Content

In addition to the User Content, “I pass the hat .com” may provide other third party content on the “I pass the hat .com” Services (collectively the “Third-Party Content”). “I pass the hat .com” does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the “I pass the hat .com” Services. You are responsible for deciding if you want to access or use third-party websites or applications that link from the “I pass the hat .com” Services (“Reference Sites”). “I pass the hat .com” does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the “I pass the hat .com” Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

13. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to “I pass the hat .com” or its employees, you acknowledge and agree that “I pass the hat .com” shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

14. Termination

To the fullest extent permitted by applicable law, “I pass the hat .com” reserves the right, without notice and in our sole discretion, to terminate your license to use the “I pass the hat .com” Services (including to post User Content), and to block or prevent your future access to and use of the “I pass the hat .com” Services, including where we reasonably consider that:

your use of the “I pass the hat .com” Services violates these Terms of Service or applicable law;
you fraudulently use or misuse the “I pass the hat .com” Services; or
we are unable to continue providing the “I pass the hat .com” Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions, “I pass the hat .com” Prime or Turbo accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with
1. the “I pass the hat .com” Services,
2. any term of these Terms of Service,
3. any policy or practice of “I pass the hat .com” in operating the “I pass the hat .com” Services, or
4. any content or information transmitted through the “I pass the hat .com” Services, is to terminate your account and to discontinue use of any and all parts of the “I pass the hat .com” Services.

15. Disputes

Indemnification You agree to indemnify, defend, and hold harmless “I pass the hat .com”, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the “I pass the hat .com” Services, any User Content you post, store or otherwise transmit in or through the “I pass the hat .com” Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. “I pass the hat .com” reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify “I pass the hat .com”, and you agree to cooperate with “I pass the hat .com”’s the defense of these claims. “I pass the hat .com” will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.
Disclaimers; No Warranties TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
1. THE “I pass the hat .com” SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY “I pass the hat .com”;
2. “I pass the hat .com”, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“”I pass the hat .com” PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE “I pass the hat .com” SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN;
3. “I pass the hat .com” DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE “I pass the hat .com” SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE;
4. “I pass the hat .com” IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND
5. WHILE “I pass the hat .com” ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE “I pass the hat .com” SERVICES SAFE, “I pass the hat .com” CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE “I pass the hat .com” SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “I pass the hat .com” OR THROUGH THE “I pass the hat .com” SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “I pass the hat .com” INCLUDES “I pass the hat .com”’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
Limitation of Liability and Damages
1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
  1. IN NO EVENT SHALL “I pass the hat .com” OR THE “I pass the hat .com” PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE “I pass the hat .com” SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM “I pass the hat .com”, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORCE MAJEUR, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO “I pass the hat .com”’S RECORDS, PROGRAMS OR SERVICES; AND
  2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF “I pass the hat .com”, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE “I pass the hat .com” SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE “I pass the hat .com” SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
2. Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN “I pass the hat .com” AND RECEIVED THROUGH OR ADVERTISED ON THE “I pass the hat .com” SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
3. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT “I pass the hat .com” HAS OFFERED THE “I pass the hat .com” SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND “I pass the hat .com”, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND “I pass the hat .com”. “I pass the hat .com” WOULD NOT BE ABLE TO PROVIDE THE “I pass the hat .com” SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
d. Applicable Law and Venue
1. To the fullest extent permitted by applicable law, you and “I pass the hat .com” agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in
2. below, the following governing law and arbitration provision apply: PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH “I pass the hat .com” AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM “I pass the hat .com”. You and “I pass the hat .com” agree to arbitrate any dispute arising from these Terms of Service or your use of the “I pass the hat .com” Services, except that you and “I pass the hat .com” are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and “I pass the hat .com” agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to “I pass the hat .com” shall be sent to “I pass the hat .com”, 2146 rue Montgomery, Montréal, Québec, H2K 2R8, Canada. You and “I pass the hat .com” further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Montréal, Canada; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of Judicial Arbitration and Mediation Services; and that the provincial or federal courts in Montréal, Canada have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the Province of Québec and applicable Canadian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and “I pass the hat .com” will not commence against the other a class action, class arbitration or other representative action or proceeding.
3. If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply: Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence. Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.
Claims YOU AND “I pass the hat .com” AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE “I pass the hat .com” SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Miscellaneous

Waiver If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
Severability. If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by “I pass the hat .com” without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, et 15-17.
Entire Agreement. The Terms of Service, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and “I pass the hat .com” relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by “I pass the hat .com” as set forth in Section 6 above.

17. Requests for Information and How to Serve a Subpoena

All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any “I pass the hat .com” Service must be made using the appropriate level of the legal process, and must be properly served on “I pass the hat .com” via the Corporation Service Company (CSC), “I pass the hat .com”’s national registered agent. Please find below the Canadian address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State’s website): “I pass the hat .com”. Please note that “I pass the hat .com” does not accept such requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the “I pass the hat .com” Service at issue, e.g. www. “I pass the hat .com” , and the username at issue, e.g. the “I pass the hat .com” username: http://www. “I pass the hat .com” ), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate the efficient processing of your request. The “I pass the hat .com” Services are offered by “I pass the hat .com”, located at 2146 rue Montgomery, Montréal, Québec, H2K 2R8, Canada and email from our contact page. If you are a Québec resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.