By visiting, shopping, booking a rental or renting equipment at www.twilightforest.ca, you accept these conditions, so please read them carefully. We reserve the right at our discretion to revise these Terms and Conditions from time to time. Please check these Terms and Conditions periodically. By using the Web Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them.
If you do not agree to abide by these Terms and Conditions, please do not enter or make any use of the Web Site.
All content of this Web Site, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the intellectual property of Blooming Trends Inc. operating as Twilight Forest (www.twilightforest.ca), its affiliates, or third parties who have licensed the materials and products to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of Canada and other countries. This Web Site in its entirety including, without limitation, the design, layout, selection, coordination, and enhancement of the content, is protected by all copyright and applicable trade dress laws. All worldwide rights, titles, and interests are reserved.
This Web Site and its contents are intended solely for your personal, non-commercial use in order to view, purchase or rent merchandise and equipment and participate in the programs that we offer (the "Permitted Use") and subject to these Terms and Conditions, you may use this Web Site only for the Permitted Use. You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the contents of the Web Site, or any related software, or any part thereof for any other purpose whatsoever. You may download or electronically copy and print any page contents displayed on the Web Site for the Permitted Use only and no rights to those materials are transferred to you by such copying. Software used on this Web Site is the property of the Company or its licensors, and is protected by Canadian and international copyright laws.
Copyright and Other Intellectual Property Rights
The design of this Web Site and all text, graphics, pictures, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with our express prior written permission.
All other trademarks not owned by Twilight Forest that appear on the Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Twilight Forest and use of this Web Site grants you no right to such materials.
Web Site access
You may not download (other than page caching) or modify the Web Site or any portion of it, without our express prior written consent. This includes: a prohibition on any resale or commercial use of the Web Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Web Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from Twilight Forest on this Web Site and other than generally available third party web browsers (e.g., Google Chrome, Mozilla Firefox, Apple Safari, Netscape Navigator, Microsoft Explorer). The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Twilight Forest without our express prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express prior written consent.
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Twilight Forest will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
A. Any photographs or other content submitted by you for consideration for publication on the Twilight Forest Web Site or any of the Social Media Channels owned by Twilight Forest (e.g. Facebook, Twitter, Instagram, Youtube, Google my Business) , collectively referred to as "User Submissions," shall be subject to the provisions of these Terms & Condition. By using this Web Site and submitting User Submissions, you agree to these Terms & Conditions. You understand that whether or not any User Submissions are published, Twilight Forest does not guarantee any confidentiality with respect to the User Submissions, Twilight Forest does not promise or agree to publish any User Submissions, and Twilight Forest will not return any User Submissions but is free, in its discretion, to destroy the User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of the posting or publishing of them. In connection with User Submissions, you affirm, represent, and warrant that you own and have the right to assign and transfer to Twilight Forest, without permission or consent of any third party, all right and interest in the User Submissions and in the intellectual property, and any other proprietary right, contained therein without limitation.
C. By tendering the User Submissions to Twilight Forest, you warrant, represent and agree that all intellectual property rights contained in the User Submissions, including all copyright, trademark, trade secret, and any other proprietary rights are thereby assigned and transferred to Twilight Forest without any further documentation and that Twilight Forest shall thereafter be the sole and exclusive owner of the User Submissions and of all intellectual property rights and proprietary rights contained there without exception or limitation. By tendering the User Submissions, you warrant, represent and agree that Twilight Forest shall have the sole and exclusive right of use of any and all patent, trademark, trade secret, copyright or other proprietary rights in and to the User Submissions without limitation.
E. You warrant, represent and agree that, in connection with User Submissions, you will not submit material that is contrary to the Twilight Forest guidelines that may exist from time to time, or contrary to applicable local, national, and international laws and regulations. Further, as to any User Submissions invited by Twilight Forest to be submitted for consideration of publishing on its Web Site, you warrant, represent and agree that no law was violated and no right of any person was harmed in obtaining, procuring, creating or developing the material included within the User Submissions, it being clearly understood that Twilight Forest does not authorize, approve or encourage any violation of the law or harm to any person’s legal rights with respect to the User Submissions.
F. You warrant, represent and agree that Twilight Forest has the sole right to elect to publish or not to publish the User Submissions, and if published it has the right to terminate publication in its sole discretion without liability to you or to any third party.
G. You warrant, represent and agree that your User Submissions: 1. Shall not misrepresent any person or product; shall not falsely impersonate any person or product; shall not contain any false, misleading or deceptive trademarks, devices or symbols that could tend to confuse or could likely confuse any person as to the source, sponsorship, affiliation, membership, quality, characteristics, or features of the person or product represented in the User Submissions; 2. Shall not depict a minor person under the age of 18 years without consent of the parent or guardian of the minor person; 3. Shall not depict any person or product in a false light, or in a disparaging or tarnishing manner; 4. Shall not be copied by you or anyone else under your instruction or control; shall not be submitted for publication to any other person, publisher, Web Site or source; and 5. Shall not have been published previously on any Web Site or other medium prior to submission to Twilight Forest. H. Twilight Forest shall not be liable to you or to any third party for any royalty, payment, use fee or any other consideration for or pertaining to the publishing, copying, distribution or any other use of the User Submissions without limitation. You acknowledge and agree that your submission of the User Submissions to Twilight Forest for publishing consideration shall, together with your use of the Web Site, represent and constitute the sole and exclusive consideration for your obligations under these Terms & Conditions.
Pricing and product availability
The prices displayed at the Web Site are quoted in Canadian Dollars and are valid and effective only in Canada. We reserve the right to change the prices at any time and at our sole discretion. The products displayed may or may not be available at the time of the purchase or rent. In case of products being unavailable, our Customer Service team will advise you about the approximate date when the products will be available. We have no responsibility about penalties or costs incurred by you related to the delay of the delivery of the products and shall not be liable for any demurrage or waiting times as a result.
We have made every effort to display as accurately as possible the colors of our products that appear at the Web Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Use of our products (Referred to Release Agreement hereinafter)
Twilight Forest shall not be responsible or liable for any personal or property damages, injuries, deaths, fatalities or any other consequences caused as a result of the use or misuse of the equipment, merchandise, products and services that Twilight Forest offers hereinafter referred as “the Equipment”. You and any person using the products and services provided by Twilight Forest are entirely responsible for your actions and consequences and will not hold Twilight Forest and its (their) affiliates, directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”) accountable or liable for any of the aforementioned actions or consequences.
By purchasing or renting any of the Equipment from Twilight Forest you agree to all of the following:
1. That at all times, you must wear and use all personal protective and safety equipment that is required by the governing body for the activity you are performing while using the Equipment and that you must use caution at all times to prevent an accident involving yourself or others.
2. That you are aware that the use of the Equipment involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; variations in water conditions; rapid or uncontrolled acceleration on hills and inclines; mechanical failure of equipment; variation or changes in the playing surface and trails including rocks, gravel, roots; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for the use of the Equipment; travel on highways and backcountry roads; encounters with domestic and wild animals including but not limited to dogs, coyotes, bears, squirrels, racoons, birds, wild turkeys, foxes and any fish in the water; collision with pedestrians, motor vehicles, cyclists and other people using similar Equipment; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RISKS RELEASEES TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF THE USE OF THE EQUIPMENT.
3. THAT YOU ARE AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH USE OF THE EQUIPMENT AND YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
4. TO WAIVE ANY AND ALL CLAIMS that you have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that you may suffer or that your next of kin may suffer, as a result of your participation in the use of the EQUIPMENT DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE USE OF THE EQUIPMENT REFERRED TO ABOVE.
5. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from your participation in THE USE OF THE EQUIPMENT.
6. This Release Agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives, in the event of your death or incapacity.
7. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the use of the Equipment takes place and no other jurisdiction; and any litigation involving the parties to this Release Agreement shall be brought solely within the province where the use of Equipment takes place and shall be within the exclusive jurisdiction of the Courts of that province.
8. That by using the Equipment you are not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the use of the Equipment, other than what is set forth in this Release Agreement.
9. YOU CONFIRM THAT BY USING THE EQUIPMENT YOU HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO USING THE EQUIPMENT, AND YOU ARE AWARE THAT BY USING THE EQUIPMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU OR YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.