Terms of Use

Welcome to Stoked.com (the “Site”), a website owned and operated by David Lawton doing business as Stoked.com (“Stoked.com“).  The Site or any product or service offered on the Site (collectively the “Services“) are provided by Stoked.com, conditional on your acceptance of the terms and conditions of use set out below (the “Terms and Conditions of Use”).  Your use of the SiteTerms And Conditions Of Use shall constitute your binding acceptance of the Terms and Conditions of Use. 

Stoked.com reserves the right to modify or amend the Terms and Conditions of Use without notice at any time.  As such, it is important that the Terms and Conditions of Use be read on a regular basis so that you are aware of any such changes. 

By accessing any part of the website, you agree to be bound by these Terms and Conditions of Use. 

1.             Copyright and Trade-marks 

All content included on the Site excluding all posted videos (including, without limitation, the design, text, graphics, trade-marks, service marks, logos, slogans and internet domain names as well as any User Submissions), and any selection or arrangement thereof (the “Content”), is the exclusive property of Stoked.com or its licensors and is protected by international copyright, trade-mark, service marks, patents, or other proprietary rights and laws.  All such rights therein are expressly reserved by Stoked.com. 

Except as expressly stated in these Terms and Conditions of Use, none of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of Stoked.com.  

2.             User Conduct 

In consideration of the availability and your use of the Site, you agree to comply with the Terms and Conditions of Use and all applicable laws when using the Site.  You acknowledge that Stoked.com may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.  Additionally, you agree not to: 

(a)           post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet; 

(b)           post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, threatening, harassing, or unlawful material or information; 

(c)           post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus or other harmful or disruptive component; 

(d)           interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site; 

(e)           sell, license, rent, reproduce, modify or attempt to modify the Content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Content for any public or commercial purpose; 

(f)            use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or the Content in whole or in part; 

(g)           access the Site for the purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose; 

(h)           attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; 

(i)             access any Content (including User Submissions) through any technology or means other than through the Site itself, the embeddable player software (the “Embeddable Player“) or other explicitly authorized means permitted by Stoked.com; 

(j)             use the Site, including the Embeddable Player for any commercial use, without the prior written authorization of Stoked.com.  Prohibited commercial uses include, but are not limited to, any of the following actions taken without Stoked.com’s express approval: 

(i)             sale of access to the Site or Services on another website; 

(ii)            use of the Site or Services for the primary purpose of gaining advertising or subscription revenue; or 

(iii)           any use of the Site or Services  that Stoked.com finds, in its sole discretion, to use the Content with the effect of competing with or displacing the market for Stoked.com, Stoked.com content, or its User Submissions. 

For greater certainty, prohibited commercial uses do not include: 1) uploading an original video to Stoked.com, or maintaining an original channel approved by Stoked.com to promote your business or artistic enterprise; 2) using the Embeddable Player to show Stoked.com videos on an ad enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Stoked.com; and 3) any use that Stoked.com expressly authorized. 

If you use the Embeddable Player on your website, you must include a prominent link back to the Site on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way. 

3.             Use of Content 

In addition to the general restrictions set out above, the following restrictions and conditions apply specifically to your use of Content on the Site: 

(a)           you may access User Submissions solely: 

(i)             for your information and personal use; 

(ii)            as intended through the normal functionality of the Site and Services; and 

(iii)           for Streaming; 

“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site and related Services to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing videos for any purpose or in any manner other than Streaming is expressly prohibited; 

(b)           user comments are made available to you for your information and personal use solely as intended through the normal functionality of the Stoked.com Site and Services. User comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or related Services; and 

(c)           you understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Stoked.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You furtherunderstand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Stoked.com with respect thereto, and agree to indemnify and hold Stoked.com, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. 

4.             Copyright Infringement Protection 

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Stoked.com with the following information: 

(a)           a description of the copyrighted work or other intellectual property that you claim has been infringed; 

(b)           a description of where the allegedly infringing material is located on the Site, with enough detail that we may find it; 

(c)           your address, telephone number, and email address; 

(d)           a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; 

(e)           a statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and 

(f)            a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. This signature must be witnessed by another individual of legal age. Please clearly print the name of the witness on your notice. 

5.             Internet Communications 

The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication.  Stoked.com is not liable for any damages resulting from the transmission, interception or corruption of communications to or from the Site. 

6.             Liability Disclaimer 

All Content and Services provided on or through the Site are provided “as is” and in good faith by STOKED.COM.  STOKED.COM does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content and all warranties and representations are hereby excluded to the extent permitted by law.  STOKED.COM does not warrant that the Content is accurate, reliable or correct, that the Site will be available at any particular time or location, that any defects or errors will be corrected or that the Content is free of viruses or other harmful components.  Further, nothing on the Site constitutes advice, nor should the Site, or any part thereof, be relied upon in making, or refraining from making, any decision. 

Use of this Site is solely at your own risk.  To the extent permitted by law, STOKED.COM hereby disclaims all liability (howsoever arising) in connection with any loss or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Site or the Content, or any action taken (or refrained from being taken) as a result of using any of the foregoing. 

STOKED.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

7.             Indemnity 

You agree to indemnify, defend and hold harmless Stoked.com and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from your use of or connection to the Site, any violation of the Terms and Conditions of Use by you, any claim that one of your User Submissions caused damage to a third party or any violation of applicable law or rights properly belonging to another party by you. 

8.             Privacy 

Stoked.com respects the privacy and confidentiality of your personal information.  Stoked.com does not collect your personal information, except where you provide such information in the course of using the Site.  By submitting personal information to Stoked.com, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form.  The general policies of Stoked.com with respect to the collection, use and disclosure of personal information are reflected in Stoked.com’s privacy policy, found at http://stoked.com/privacy-policy/ (the “Privacy Policy“) and any questions in that regard may be directed to Stoked.com’s privacy officer (as identified in the Privacy Policy).  Should Stoked.com change its Privacy Policy, the revised policy will be posted prominently on the Site, or it will be otherwise brought to your attention. 

9.             Age Restriction 

You affirm that you are over the age of 14, as the Site is not intended for children under 14.  If you are under 14 years of age, then please do not use the Site. 

10.          Submission of Ideas and Suggestions 

Stoked.com is always modifying the Site and developing new features. If you have ideas or suggestions regarding improvements or additions, Stoked.com would like to hear them, provided any submission will be subject to the Terms and Conditions of Use.  Under no circumstance shall any disclosure of any idea or suggestion be subject to any obligation of confidentiality or expectation of compensation.  By submitting the idea or suggestion you are waiving any and all rights that you may have in the idea or suggestion and are representing and warranting to Stoked.com that the idea or suggestion is wholly original to you, that no one else has any rights in the idea or suggestion and that Stoked.com is free to implement the idea or suggestion if it so desires, as provided or as modified by Stoked.com, without obtaining permission or license from any third party. 

11.          Third Party Sites 

The Site may include links to third party websites which are not controlled or maintained by Stoked.com.  Any such links are included solely for your convenience and are not an endorsement by Stoked.com of the sites linked to, nor does Stoked.com have any control over the content of any such sites.  You acknowledge and agree that Stoked.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any use of, or reliance upon, any content, goods or services available on or through any such third party websites. 

12.          Cookies and Web Beacons 

To enhance your experience with the Site, Stoked.com reserves the right to use “cookies” (“Cookies“).  Cookies are text files we place in your computer’s browser to store your preferences.  Cookies, by themselves, do not tell Stoked.com your e-mail address or other personal information unless you choose to provide this information to Stoked.com.  However,once you choose to furnish the Site with personal information, this information may be linked to the data stored in the Cookie. 

Stoked.com uses Cookies to understand Site usage and to improve the content and offerings on the Site.  For example, we may use Cookies to personalize your experience at the Site (e.g., to recognize you by name when you return to the Site), or save your password in password-protected areas.  We also may use Cookies to offer you products, programs, or services. 

“Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page.  For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page.  We may use web beacons on this Site from time to time for this and other purposes. 

13.          Changes to Terms and Conditions of Use 

Stoked.com reserves the right to modify, add to, delete from, alter or update the Terms and Conditions of Use (each a “Change”) without notice at any time.  Any Changes will be posted to this page and it is your responsibility to ensure that you are aware of any such Change from time to time.  Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any Changes if you continue to access the Site after that time. 

14.          Governing Law 

The Terms and Conditions of Use shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to conflict of laws principles.  You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to the Terms and Conditions and you agree not to bring any action, suit or proceeding against Stoked.com, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta. 

15.          General 

The Terms and Conditions of Use constitute the entire agreement between you and Stoked.com with respect to the use of the Site.  Stoked.com’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions of Use shall not be construed as a waiver of any provision or right of Stoked.com. 

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED