Welcome to SUPERU.
Use of this site (the "Site") is governed by these Terms and Conditions, our Privacy Policy and our Community Guidelines.
By using this Site you are agreeing that you have read and understood these Terms and Conditions, our Privacy Policy and our Community Guidelines. and agree to be bound by them.
You affirm that you are either more than 19 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. In any case, you affirm that you are over the age of 14, as the Site is not intended for children under 14.
The Site and all of the content on the Site is the property of SUPERU.CA and/or the members of the Super U community and/or its suppliers. It is protected by the copyright and/or other intellectual property laws of Canada, the United States and internationally. You may view and retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify, or otherwise distribute any of the material on this Site unless specifically authorized in writing by SUPERU.CA to do so. No other use of the materials or information is authorized and may result in civil and/or criminal liabilities.
Legal notices and various other acknowledgments and credits may be posted on pages of the Site. Do not remove these legal notices or other acknowledgments or credits, or any related information, contained on pages of the Site.
SUPERU.CA reserves the right to revise these Terms and Conditions, the Privacy Policy and the Community Guidelines at any time. You are responsible for reviewing these pages from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you.
Certain additional terms and conditions or legal restrictions may appear on particular pages of the Site (“Additional Terms and Conditions”). Such Additional Terms and Conditions may be more restrictive than these Terms and Conditions and in such case the most restrictive Terms and Conditions shall apply.
The SUPERU.CA team strives to provide you with useful, accurate, and timely information on this Site but we assume no responsibility or liability for the accuracy and completeness of that information or materials. Please inform us if you feel the information provided is not accurate and we will do our best to check it out.
SUPERU.CA may change the content of any information or materials available on this Site, or change the products and services that it offers, at any time without notice. However, SUPERU.CA makes no commitment to update the information or materials on this website which may be out of date.
SUPERU.CA retains the right to alter the rules of any contest that SUPERU.CA runs prior to contest closing, should SUPERU.CA be unable to award the prizes in accordance with the Contest Rules for any reason beyond the control of SUPERU.CA, in which case SUPERU.CA shall make reasonable commercial efforts to award a prize of comparable value to the most deserving entrant in the sole discretion of SUPERU.CA. SUPERU.CA may also cancel or amend any monthly or recurring contests upon reasonable notice.
Information and opinions expressed in bulletin boards or other forums are not necessarily those of SUPERU.CA. Neither SUPERU.CA, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on SUPERU.CA.
You hereby acknowledge and agree that, except for User Content as described in S. 12 below, as between SUPERU.CA and you, all right, title, and interest in and to the Site and any element thereof, shall be owned exclusively by SUPERU.CA. Except as expressly authorized by SUPERU.CA herein, you agree not to make, copy, display, license, distribute or exploit for any commercial purposes material in the Site, or create derivative works based on the material in the Site. Any rights not expressly granted herein are reserved.
You agree not to access the Site by any means other than through the interface that is provided by SUPERU.CA for use in accessing the Site. In connection with your use of the Site, SUPERU.CA may make software available to you for download from the Site; your download and use of such software shall be pursuant to a separate license agreement that shall be agreed to upon your download or installation of such software.
SUPER U™, the SUPER U logo, Contest Central™, Film Central™, Script Central™, Score Central™ and all contest titles are trademarks of Petunia Resources Ltd. and are used under license by SUPER U HOLDINGS LITD. SUPER CHANNEL® and the SUPER CHANNEL logo are trademarks of Allarco Entertainment Inc. and are used with consent of the owner. All other brand names, product names and trade marks are the property of their respective owners.
Except as expressly specified in these Terms and Conditions, nothing contained herein shall be construed as conferring any license or right under any patent, trademark, copyright or any other proprietary rights of SUPERU.CA or any third party.
SUPERU.CA provides users with the opportunity to contribute to the Site and you agree that all information, comments, feedback, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site (collectively, the "User Content"), whether publicly posted or privately transmitted, are your sole responsibility to ensure that such material conforms to our Community Content Guidelines and the requirements of S. 13 below.
This also means that you, and not SUPERU.CA, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site. SUPERU.CA does not control or pre-screen the User Content posted via the Site or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of SUPERU.CA and under no circumstances will SUPERU.CA be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize SUPERU.CA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms and Conditions.
SUPERU.CA reserves the ultimate right to decide whether User Content is appropriate and complies with these Terms and Conditions and our Community Guidelines for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SUPERU.CA may remove such User Content and/or terminate a User's access for uploading any material at any time, without prior notice and at its sole discretion.
You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that SUPERU.CA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is 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 SUPERU.CA with respect thereto, and agree to indemnify and hold the Site harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including, for example, infringing, defamatory, pornographic or offensive materials. So that the Site is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Site User Content that:
Is unlawful, harmful, threatening, tortuous, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;
Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
Is or 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;
Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by SUPERU.CA or any other party;
Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users;
Otherwise violates any local, provincial, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Site:
create, enable or cause any process that is designed to manipulate or exploit Super U Contests, Voting or other Super U elements in order to gain unfair or unethical advantage over competitors;
Impersonate any person or entity, including a SUPERU.CA officer or employee, or falsely misrepresent your affiliation with any other person or entity;
Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the Site;
Engage in commercial activities and/or sales without SUPERU.CA's prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
Post or transmit any Content that you do not have the right to post or transmit;
Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
Disrupt the ordinary flow and operation of any portion of the Site, including causing a screen to scroll faster than another User may be able to type in a chat room or bulletin board environment;
Interfere with or disrupt the Site or any server or network involved
Stalk or harass any other person;
Collect or "harvest" from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Site, please notify us at info@superu.ca
With respect to User Content, you retain all of your ownership rights in your User Content but when you elect to post or transmit for inclusion in or on the Site, you grant SUPERU.CA and its affiliates and partners the world-wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including without limitation in connection with the appearance of such User Content on SUPERU.CA and on the sites of our affiliates, partners and others with whom SUPERU.CA may have business relationships relating to the Site) and the distribution and promotion of the Site.
You may delete your own User Content except when you have won a Contest. For all Contest Entries, you may not delete your User Content from the Site until 10 days after the awarding of the prize as SUPERU.CA will have the right to license your User Content for International or Canadian Broadcast.
SUPERU.CA may approach you directly to license any of your User Content which is active on the Site for International or Canadian Broadcast in compilation programs or branded segments created by SUPERU.CA from the best films on the Site. You are under no obligation to license these rights to SUPERU.CA, but this can be a great opportunity to get some broadcast exposure for your film.
Once you have deleted your User Content, SuperU.CA will not repost your video without your permission. However, SuperU.CA reserves the right to retain a thumbnail of your video for use on a perpetual, world-wide, royalty free, non-exclusive, sub-licensable license for use in connection with the promotion of the Site and our affiliates, partners and others.
You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms and Conditions. The above licenses granted by you in User Content which is video content shall terminate within a commercially reasonable time after you remove or delete such content from the Site. You understand and agree, however, that the Site may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content which is not video are perpetual and irrevocable.
You further agree that SUPERU.CA is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
Without limitation of any of the rights granted to SUPERU.CA herein, you acknowledge and agree that SUPERU.CA may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Condition of Use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SUPERU.CA, its users and the public.
As a convenience and to make the Site truly service-oriented we have included links to sites on the Internet. These sites are owned and operated by third parties. SUPERU.CA makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the SUPERU.CA website is not an indication that SUPERU.CA endorses the third party or its site, or has any affiliation with or between SUPERU.CA and the third party site.
You will receive a Password and Username upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SUPERU.CA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Due to the nature of the Internet the Site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, spamming, harassment, fraud, hacking, system contamination, and other forms of activity that may even be considered unlawful. Information (including Registration Data, passwords and User Content) received or delivered or intended to be made available on and through the Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. Although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we can not guarantee that your account will be free from unauthorized access by third parties.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
You agree to indemnify and hold SUPERU.CA, its subsidiaries, affiliates, directors, officers, agents, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the Terms an Conditions of Use or any applicable laws or the rights of another.
Your use of the Site is at your sole risk. The Site, and its content, are delivered on an "as is" and "as available" basis. SUPERU.CA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SUPERU.CA makes no warranty that the Site or any related services, such as email, links, or searches offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. SUPERU.CA further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features.
Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and SUPERU.CA will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.
No advice or information, whether oral or written, obtained by you from SUPERU.CA or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions of use.
You expressly understand and agree that SUPERU.CA shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SUPERU.CA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site;; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Site; or (iv) any other matter relating to the Site or the content thereon, including without limitation any User Content posted thereon.
SUPERU.CA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that SUPERU.CA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any element of the Site.
SUPERU.CA may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to any bulletin boards, for any reason (but all the representations and warranties, indemnities, and limitation of liabilities set forth in these Terms and Conditions shall survive any such termination).
The Terms and Conditions of Use constitute the entire agreement between you and SUPERU.CA and governs your use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
The Site shall be deemed solely based in Alberta, Canada; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over the Site, either specific or general, in jurisdictions other than Alberta. This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein. The courts in the Province of Alberta shall have exclusive jurisdiction over any dispute arising out of or relating to this agreement, and each party hereby consents to the jurisdiction and venue of such courts.
The Site is controlled and offered from its facilities in Canada. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Any cause of action against the Site must commence within 12 months after the cause of action accrues, otherwise the claim is barred.
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and SUPERU.CA concerning your use of the Site. If you have questions regarding SUPERU.CA's Terms and Conditions, please contact us.
