The following are the rules or "Terms" that govern use of
the Mammoth Communications website (hereinafter known as the “Site").
By using or visiting the Site, you expressly agree to be bound by these
Terms and to follow these Terms and all applicable laws and regulations
governing the Site. Mammoth Communications reserves the right to change
these Terms at any time, effective immediately upon posting on the Site.
Please check this page of the Site periodically. We will note when there
Mammoth Communications may terminate your use of the Site, bar you from
future use of the Site, and/or take appropriate legal action against you
at your own cost.
No Deep Linking. You agree that you are only authorized to visit, view
and to retain a copy of pages of this Site for your own personal use,
and that you shall not duplicate, download, publish, modify or otherwise
distribute the material on this Site for any purpose other than to review
event and promotional information, for personal use, or to purchase merchandise
for your personal use, unless otherwise specifically authorized by Mammoth
Communications to do so. You also agree not to deep-link to the site for
any purpose, unless specifically authorized by Mammoth Communications
do so. The content and software on this Site is the property of Mammoth
Communications and/or its suppliers and is protected by Canadian and international
copyright laws. We post a legal notice and various credits on pages of
the Site, which may not be removed. Please do not remove this notice or
these credits, or any additional information contained along with the
notices and credits.
User Contributions to the Site. There may be opportunities for you to
contribute to the Site. These may include, among others, etc. which collectively,
we call "Content". Mammoth Communications is not liable or responsible
for any Content provided by its users or other third parties to the Site
("User Content"). The contributions of third parties do not
necessarily represent the view or opinions of Mammoth Communications.
Mammoth Communications cannot preview User Content before it appears.
Users can be held liable for any illegal or prohibited User Content they
provide to the Site, including among other things, infringing, defamatory
or offensive materials. If you discover this kind of material on the Site,
please notify the webmaster. We will investigate your claim and may then
take the actions deemed appropriate.
Links and Search Results. The Site may automatically produce search results
that reference or link to third party sites throughout the World Wide
Web. Mammoth Communications has no control over these sites or the content
within them. Mammoth Communications cannot guarantee, represent or warrant
that the content contained in the sites is accurate, legal and/or inoffensive.
Mammoth Communications does not endorse the content of any third party
site, nor do we warrant that they will not contain viruses or otherwise
impact your computer. By using the Site to search for or link to another
site, you agree and understand that you may not make any claim against
Mammoth Communications for any damages or losses, whatsoever, resulting
from your use of the Site to obtain search results or to link to another
site. If you have a problem with a link from the Site, please notify the
webmaster, and we will investigate your claim and take any actions we
deem appropriate in our sole discretion.
Prohibited Content. The following is a partial list of the kind of Content
which is illegal or prohibited on the Site. It includes Content that:
• is patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
• could be harmful to minors;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
• promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information from anyone
• provides instructional information about illegal activities such
as making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
• Solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and engages in commercial activities
and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
Offline Conduct. Although Mammoth Communications can not monitor the conduct
of its Users off the Site, it is also a violation of these rules to use
any information obtained from this Site in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit or
sell to any User without their prior explicit consent.
No Commercial Use. The bulletin board, chat and other areas and potential
areas of this ‘Site’ may not be used by our visitors for any
commercial purposes such as to conduct sales of tickets, merchandise or
services of any kind. You must obtain our prior written consent to make
commercial offers of any kind, whether by advertising, solicitations,
links, or any other form of communication. Without limiting the foregoing,
you may not resell or link to other sites for the purpose of selling tickets
of any kind. We will investigate and take appropriate legal action against
anyone who violates this provision, including without limitation, removing
the offending communication from the Site and barring such violators from
use of the Site.
Access and Interference. You agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy our web pages
or the content contained thereon or for any other unauthorized purpose
without our prior expressed written permission. You agree that you will
not use any device, software or routine to interfere or attempt to interfere
with the proper working of Mammoth Communications’ web site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You agree that you
will not copy, reproduce, alter, modify, create derivative works, or publicly
display any content (except for your own person, non-commercial use) from
our website without the prior expressed written permission of Mammoth
Unauthorized Use of the Site. Illegal and/or unauthorized uses of the
Site, including, but not limited to, unauthorized ticket sales, unauthorized
framing of or linking to the Site, or unauthorized use of any robot, spider
or other automated devise on the site, will be investigated and appropriate
legal action will be taken, including without limitation civil, criminal
and injunctive redress.
Violation of the Terms. You understand and agree that, in Mammoth Communications’
sole discretion, and without prior notice, Mammoth Communications may
terminate your access to the Site or exercise any other remedy available
and remove any unauthorized User Content, if Mammoth Communications believes
that the User Content you provided has violated or is inconsistent with
User or the law. You agree that monetary damages may not provide a sufficient
remedy to Mammoth Communications for violations of these terms and conditions
and you consent to injunctive or other equitable relief for such violations.
Mammoth Communications may release user information about you if required
by law or subpoena, or if the information is necessary or appropriate
to release to address an unlawful or harmful activity. Mammoth Communications
is not required to provide any refund to you if you are terminated as
Privacy. We believe that your privacy and the privacy of all our users
the Site, you authorize us to use or allow others to distribute, reproduce
or otherwise use the Content. Mammoth Communications is not liable for
any lost data resulting from the operation of our Site and/or the enforcement
of the Terms. We urge all users to maintain their own back up versions
of any content they submit to the Site. Other than in registration forms,
or when entering a contest on the Site that is sponsored by us, you should
not post information about yourself on the Site that can be used to identify
you, your home or work address, phone numbers, pagers, email address or
other such personal information. Mammoth Communications cannot prevent
such information from being used in a manner that violates these rules,
the law, or your personal privacy and safety. By posting such information
and sole liability for the results of such posting.
Copyright Policy. We will terminate the privileges of any user who uses
this Site to unlawfully transmit copyrighted material without a license
express consent, valid defense or fair use exemption to do so. In particular,
users who submit Content to this Site, whether articles, images, stories,
software or other copyrightable material must ensure that the Content
they upload does not infringe the copyrights or other rights of third
parties (such as privacy or publicity rights). After proper notification
by the copyright holder or it agent to us, and confirmation through court
order or admission by the user that they have used this Site as an instrument
of unlawful infringement, we will terminate the infringing users' rights
to use and/or access to this Site. We may, also in our sole discretion,
decide to terminate a user's rights to use or access to the Site prior
to that time if we believe that the alleged infringement has occurred.
Disclaimers. Mammoth Communications does not promise that the Site will
be error-free, uninterrupted, nor that it will provide specific results
from use of the Site or any Content, search or link on it. The Site and
its Content are delivered on an "as-is" and "as-available"
basis. Mammoth Communications cannot ensure that files you download from
the Site will be free of viruses or contamination or destructive features.
Mammoth Communications disclaim all warranties, express or implied, including
also any implied warranties of merchantability and fitness for a particular
purpose. Mammoth Communications s will not be liable for any damages of
any kind arising from the use of this Site, including without limitation,
direct, indirect, incidental, and punitive and consequential damages.
Mammoth Communications makes no guarantee of any specific result from
use of this Site. Mammoth Communications disclaim any and all liability
for the acts, omissions and conduct of any third party users, Mammoth
Communications users, advertisers and/or sponsors on the Site, in connection
with Mammoth Communications s services or otherwise related to your use
of the Site and/or Mammoth Communications’ services. Mammoth Communications
is not responsible for the products, services, actions or failure to act
of any venue, performer, promoter or other third party in connection with
or referenced on the Site. Without limiting the foregoing, you may report
the misconduct of users and/or third party advertisers, service and/or
product providers referenced on or included in the Site to Mammoth Communications
by emailing the responsible party. Mammoth Communications may investigate
the claim and take appropriate action, in its sole discretion.
Limitation on Liability. Except in jurisdictions where such provisions
are restricted, in no event will Mammoth Communications be liable to you
for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits, even if Mammoth Communications has
been advised of the possibility of such damages.
Disputes. If there is any dispute about or involving the Site, by using
the Site, you agree that the dispute will be governed by the laws of the
province of Manitoba without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the provincial and
federal courts of the Province of Manitoba, City of Winnipeg.
Colours. We have made every effort to display as accurately as possible
the colours of our products that appear on this site. However, as the
actual colours you see will depend on your monitor, we cannot guarantee
that your monitor’s display of any colour will be accurate.
Indemnity. You agree to indemnify and hold Mammoth Communications, its
subsidiaries, affiliates, officers, agents and other partners and employees,
harmless from any loss, liability, claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of the Site, including also your use of the Site to provide a link
to another site or to upload content or other information to the Site.
Trademarks. Mammoth Communications’ logo and design are trademarks
of Mammoth Communications. All rights reserved.