Terms of Service

BLACK MANE INNOVATIONS (“WE”/”US”/THE “COMPANY”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.DB8.COM (“WEBSITE”) AND SERVICE (AS DEFINED BELOW). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY THE COMPANY FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.IN ORDER TO USE THE WEBSITE AND SERVICES (DEFINED BELOW). FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE WEBSITE OR SERVICES.

The Service. The Company provides access to a debate community where individuals can engage in debate, argument and idea sharing

Promotions. We may advertise a discount in connection with the use or potential use of the Services or the purchase of specially marked products (each a “Promotion”) on the Website. Additional terms of a Promotion may be displayed or otherwise transmitted therewith and otherwise governed accordingly. We reserve the right to vary or discontinue any Promotion at any time without any notice or liability to you. Any change will take effect immediately, unless stated otherwise.

User Conduct. In using the Services, you agree that you will comply with these terms and all applicable laws, rules, and regulations at all times when using the Services and during any other dealings with the Company. The Company reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. 

Restrictions on Use of the Services. In using the Website and Services you shall not:

copy any content unless expressly permitted to do so herein;

upload, post, email, transmit or otherwise make available any material that:

is unlawful, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

you do not have a right to make available under any law or under a contractual relationship;

infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);  

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;  or

interferes with or disrupts the Website or servers or networks connected to the Website, or disobeys any requirements, procedures, policies or regulations of networks connected to the Website or probes, scans, or tests the vulnerability of any system or network or breach or circumvent any security or authentication measures/

intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; and 

modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company’s Website or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

The Company reserves the right, in its sole discretion, to suspend, limit or terminate your access to the Website and Services with or without notice at any time for any violation of the User Conduct terms of section 4 or this section 5. 

End User License. The Website and Services, and the information and materials contained therein, are the property of the Company and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, the Company grants you a non-transferable, non-exclusive, license to use the Website and products purchased on the Website for your use. Nothing in the Terms gives you a right to use the Company’s name, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.  Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.

Payments. All payments (i.e., product fees, sales tax and shipping fees) will be automatically charged by our payment processors in full to your credit card on the day that the products ship. 

No Returns. We cannot accept returns of any Products delivered to you, and accordingly, it is not the Company’s policy to provide refunds. 

Feedback.  If you provide us with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services ("Feedback"), we may use such Feedback on the Website or in any of our other products or services (collectively, "Company Offerings"). Accordingly, you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to us, (c) the Company (including all of its successors and assigns and any successors and assigns of any of the Company Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Company Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from the Company or any of the other users of the Website in respect of the Feedback.

Advertising. You acknowledge and agree that the Website may contain advertisements.  If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that the Company shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.  You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).  You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website.  It is your responsibility to ascertain whether any information or materials, if any, downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links & Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by the Company.  In no event shall any reference to any third-party, third-party product or service be construed as an approval or endorsement by the Company of that third party, third party product or service. We are also not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that we endorse or accept any responsibility for the content or use of such websites, and you hereby release us from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. 

We may employ the use of analytical tools and third-party service to track and monitor website activity, and these tools may collect information sent by your browser as part of a web page request such as cookies, IP address, and geographical location.  For information on how we use data please refer to our Privacy Policy, which can be found here: https://www.db8.com/privacy-policy.   

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.  THE WEBSITE AND SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS."  THE COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FFOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND THE COMPANY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.  THE COMPANY WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, DIRECT OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY DAMAGE THAT OCCURS TO THE PRODUCT WHILE THEY ARE IN TRANSIT AFTER THEY HAVE BEEN DELIVERED TO A CARRIER. 

INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Termination. We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that you may have with us (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to the Company), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities.  Termination of your access to the Website may also include removal of some or all of the materials uploaded by you to the Website.  You acknowledge and agree that all terminations may be made by the Company in its sole discretion and that the Company shall not be liable to you or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by you to the Website.  Any termination of these terms of use by the Company shall be in addition to any and all other rights and remedies that the Company may have.

Availability & Updates.  The Company may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  The Company may periodically add or update the information and materials on this Website without notice.

Security.  Information sent or received over the Internet is generally unsecure and the Company cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. The Company will not be liable for any loss or damage arising from your failure to comply with these requirements.

Survival.  In addition to Sections 8 – 15, 18 and 19, all representations, warranties and conditions made by you in these terms of use shall survive the termination of these terms of use.  Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by you in these terms of use shall survive their termination.  All payment obligations incurred by you prior to the termination of these terms of use shall survive their termination.

General.  These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Services and all related activities.  These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by the Company.  If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.  The failure of the Company to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by the Company must be in writing and shall only apply to the specific instance identified in such writing.  You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the Company’s prior written consent. Except as expressly provided in this Agreement, all amounts in this Agreement are stated and shall be paid in Canadian currency. The parties hereto have requested that this Agreement be drawn up in the English language. Les parties ont exige que le present accord soit redige en langue anglaise. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.

Contact. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: us at contact@db8.com or at 151 Charles Street W, Kitchener, ON  N2G1H6.

Updated: March 22, 2023