Website Terms of Use
Note: By accessing this website, you agree to be bound by these Terms of Use detailed below. If you do NOT agree to all of these terms, you should NOT access or use this website.
First Descent Software Ltd. ("First Descent", "we", "us" or “our”), provides to you this website at www.barryblasttext.ca and www.barryblasttext.com (“website”) for your personal, educational and entertainment use. The following Terms of Use govern your access and use of this website. Please read these Terms of Use carefully before using this website. Specific terms and conditions may apply to specific Content (as defined below) on or available through this website and to specific content, data, materials, or information you may upload, submit and/or publish to the website (“User Content”). Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.
When used in these Terms of Use, “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this website.
1. Acceptance of Terms of Use
By accessing, browsing or using this website, you agree to Terms of Use and all terms and conditions contained or referenced herein and all additional terms and conditions set forth on the website. Usage of this website is strictly voluntary. If you do NOT agree to all of these terms, you should NOT access or use this website.
2. Age of Majority
Content on the website is not intended for use by children. By using this website, you acknowledge that you are the age of majority or older.
3. Modification of Terms
These Terms of Use may be amended by First Descent, in its sole discretion, at any time without notice to you. We will update the effective date upon modification. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this website, you will be deemed to have accepted such amendments. You should regularly review any applicable terms and conditions. Other First Descent websites may have their own terms of use which apply to such websites.
4. Privacy Notice
Personal information provided through this website shall be used in accordance with First Descent’s Privacy Notice and the Terms of Use posted on this website.
5. Copyright and Trademarks
You acknowledge that all content on this website, including, without limitation, the website’s design, graphics, text, formatting, sounds, pictures, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, wordmarks, service marks, trade names, trade dress, logos and other materials and information on this website, and the selection and arrangement thereof (collectively, the “Content”), is owned, controlled or licensed by or to First Descent, and is protected by Canadian and international copyright, trademark and various other intellectual property laws and rights. You understand and agree that except as expressly authorized in these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of First Descent. First Descent authorizes you to view and download the Content, provided that (i) you use the Content only for your own personal, non-commercial use, (ii) you include and keep intact all copyright and other proprietary notices on the website, and (iii) you do not modify or adapt the Content in any way. All rights to the Content not expressly granted in these Terms of Use are expressly reserved to First Descent.
6. Links to Third Party Sites
Links on the website to third party sites are provided only as a convenience to you and are not an endorsement by First Descent. When you click on these links, you will leave the website. We are not responsible for examining or evaluating these third-party sites. You understand that such sites are independent of First Descent and you agree that First Descent and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside sites or for your use of or inability to use such sites. You use and access these third-party sites at your own risk. First Descent recommends that you make yourself aware of and read the legal and privacy notices of all the third-party sites that you visit.
7. Services Agreement
We offer outstanding and diverse services to assist your business in the climb to success; we offer a wide range of services including without limitation to help you set business goals, to develop, execute and evaluate your campaigns, to innovate and to take client relationships to the next level. The website contains general descriptions of services we offer and broad advice. These descriptions and broad advice are provided for information purposes only and are not specific advice. You agree to not rely upon anything on the First Descent website as specific advice. Use of the website does not create a client relationship with First Descent. In order to become a client of First Descent, you must enter into a written services agreement which will be prepared as part of a larger discussion concerning requested services.
8. Results
We carefully consider each campaign, each service, each relationship we have with our clients. Each client is unique. We help to identify your goals and challenges and then work with you to create success. You understand that we cannot, however, guarantee the success of any campaign or service.
9. Employment Opportunities
You may choose to submit an application to First Descent by way of email to info@firstdescent.software. Any employment application emails are received at our head office in Winnipeg, Manitoba, Canada and will be administered in accordance with our obligations under Manitoba law and our employment policies as established from time to time.
10. Disclaimer of Warranties
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS IN CERTAIN CIRCUMSTANCES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
First Descent strives to provide accurate and up-to-date material on this website. However, we make no warranties or representations as to the accuracy or timeliness of the Content.
THE WEBSITE AND THE CONTENT CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRST DESCENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. FIRST DESCENT MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, INCLUDING ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE AND DAMAGES RESULTING FROM COMPUTER VIRUSES OR MALWARE OR SPYWARE.
11. Disclaimer of Damages and Limitation of Liability
Use of the website and its related software tools is at your own risk and is subject to these Terms of Use. First Descent is not and will not be liable for any uses made of the website and the related software tools.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES IN CERTAIN CIRCUMSTANCES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
NEITHER FIRST DESCENT OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FIRST DESCENT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS.
12. Indemnification and Release
You agree to forever indemnify, release and hold harmless First Descent and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, known and unknown, including any legal fees, resulting or arising from or relating to your use of or conduct on the website, any activity related to use of the website by you, any message or material that you submit to, post on or transmit through the website, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the website.
You will cooperate fully and as reasonably required by First Descent, and at your own cost, in defense of any claim. Notwithstanding any indemnity to be provided by you, we reserve the right to assume the exclusive control of any defense and any settlement decisions concerning any claim, suit or proceeding.
If you have a dispute with one or more users, you release First Descent and its affiliates from all claims, demands, causes of action, losses, expenses, damages and costs (actual and consequential), known and unknown, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. No Unlawful or Prohibited Activity
As a condition of your use of this website, you agree not to use the website for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the website. You agree not to post on or transmit through this website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, provincial, federal or international law. You agree not to use this website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the website. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.
You may have the option to submit comments through the website. First Descent may also make available, from time to time, features to receive comments or content from website visitors. All submissions shall be original and shall not violate third party rights.
When you submit comments, information or content to the website, you are granting to First Descent an irrevocable, royalty-free, world-wide right (but not an obligation) and license to use those comments, information or content for its own purposes, without any right to compensation by you.
In making any submission to First Descent of any kind, you agree that you will not engage in any of the following:
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- publish, post, upload, email, text, instant message, distribute, display, promote, disseminate or otherwise make available any material that is inappropriate (for example profane, vulgar, libelous, defamatory, obscene, racist, sexually explicit, offensive, false or unlawful);
- transmit any information or materials to First Descent that are not original or which violate third party rights, including without limitation proprietary or intellectual property rights;
- provide a submission that contains any virus, corrupt file, spyware, malware, adware or any other program that may damage or adversely affect First Descent, the website or those of other users;
- interfere with or disrupt First Descent or the functionality or appearance of the website.
In the event that First Descent chooses to offer features such as forums, bulletin boards, chat rooms or other interactive areas, you must follow the terms and conditions specifically established for those features. You will use these features only to communicate on the direct issues addressed thereon and not for any other purpose. Without restricting any of the foregoing, you agree that you will not at any time submit inappropriate content or content that violates third party rights to First Descent.
First Descent reserves the right, in its sole discretion, to suspend or terminate your access to this website and prohibit any and all current and future use by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this website.
14. Site Service and Modification
First Descent reserves the right at any time to add, modify, delete or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice or consent. First Descent and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the website.
15. Governing Law and Dispute Resolution
These Terms of Use and all matters relating thereto shall be governed by, and interpreted in accordance with, the laws of Manitoba, Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. You agree that any action at law or in equity arising from or relating to the use of this website or to these Terms of Use shall be brought exclusively in the courts of the Province of Manitoba sitting in the City of Winnipeg. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this website, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.
16. Severability
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.
17. No Waiver
The failure of First Descent and/or its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit First Descent’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.
18. Authority
You hereby represent, warrant and confirm to First Descent that you have all necessary power and authority to agree to these Terms of Use.
19. General
These Terms of Use and any documents or materials incorporated by reference herein constitute the entire agreement between you and First Descent with respect to the subject matter hereof. There are no representations or warranties between the parties except as expressly set out herein. All notices to be provided to users generally under these Terms of Use will be featured on the website; if you have set up an account and have provided us with an email address, we may communicate with you through that email address and provided notice by email in our discretion. Users are responsible to ensure that their current email is on file with First Descent. These Terms of Use may not be assigned by a user without the prior written consent of First Descent.