Changes to the Terms or Site
The Ruptured Sky may, in its sole discretion, modify the Terms at any time effective upon posting the modified Terms on the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using the Site and the Services if you do not agree to the amended terms, and to provide The Ruptured Sky notice to remove you from any distribution list or other communication list that are available to you through registration on this Site. YOUR CONTINUED USE OF THE SITE OR ANY MATERIALS OR SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS. The Ruptured Sky may at any time and from time to time modify or discontinue, temporarily or permanently, the Site (or any part of it). The Ruptured Sky shall not be liable to any User or other third party for any such modification, suspension or discontinuance. The Ruptured Sky may from time to time add services, features or web properties to the Site, and unless otherwise indicated, all such services, features and sites are subject to and governed by these Terms.
Third Party Offerings and Sites
The Site may contain or reference links to Third Party Sites, Third Party advertising or a variety of Third Party offerings. Some of those links are provided as a convenience only. The inclusion of any link or reference to a Third Party service, product, promotion or any other offering, is not, and does not necessarily imply any affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by The Ruptured Sky. If you decide to use a Third Party service, product, promotion or any other offering, you are responsible for reviewing, understanding and accepting the terms and conditions defined by the Third Party (including their privacy policies). You agree that The Ruptured Sky, is NOT liable or responsible for the performance of the Third Party service, product, promotion or any other offering, as well as, the information defined in such Third Party relationships as well as your use or inability to use such Third Party offerings.
Reporting Concerns or Disputes
Creating an Account
You agree that the information that you supply during the registration process will be true, current, accurate and complete, and you agree not to (i) register under the name of another person; (ii) choose a username that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading Site Users as to your true identity; (iv) choose a username that incorporates a solicitation (e.g. your product, your services, your Site); or (v) violate the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site User, Moderator (Host) or any The Ruptured Sky employee, Officer or Director. You agree to maintain and promptly update your registration data as necessary to keep it true, current, accurate and complete.
You are responsible for maintaining the confidentiality of your passwords and account information and access. You are also entirely responsible for any and all activities (and any misuses) that occur under or that originate from your account, including activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You agree to ensure that you exit from your account at the end of each session (if you use a shared computer) and to notify The Ruptured Sky immediately of any unauthorized use of your account or any other breach of security. The Ruptured Sky will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Additionally, you could be held liable for losses incurred by The Ruptured Sky or another party due to someone else using your account or username. You may not use anyone else’s account at any time, without the permission of the account holder.
Termination of Membership or Participation
Your privilege to use or access the Site and/or Services may be terminated by The Ruptured Sky immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not to re-register or otherwise make use of, or attempt to use, the Site or Services. Furthermore, you acknowledge that The Ruptured Sky reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site or Services. You understand that The Ruptured Sky may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to The Ruptured Sky.
Disclaimer of Warranties and Limitation of Liability
The Terms are a complete statement of the agreement between you and The Ruptured Sky, and set forth the entire liability of The Ruptured Sky and your exclusive remedy with respect to your access and use of the Site. Any waiver of the terms herein by The Ruptured Sky must be in a writing signed by an authorized officer of The Ruptured Sky and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. The Terms will be governed by Ontario law and the applicable federal laws of Canada as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction. You also agree that such dispute may be resolved with personal jurisdiction by, and the choice or forum or venue shall be in, the provincial and federal courts of the Province of Ontario, City of Toronto, and such courts will have exclusive jurisdiction. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that The Ruptured Sky may have under trade secret, copyright, patent or other laws. The Ruptured Sky reserves the right at all times to disclose any information as The Ruptured Sky deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Ruptured Sky’s sole discretion. The Ruptured Sky, The Ruptured Sky’s Board, and The Ruptured Sky related brands are trade-marked and may be registered in the Canada, United States and other jurisdictions. Other brands, logos and marks are trade-m