Terms and Conditions of Use

Welcome to "HarryPotter.ca" (the "Site"). Thank you for visiting and have a great time!

It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

Your Acceptance of Terms

If you do not agree with any of these Terms of Use, please do not use this Site because by using this Site you will be deemed to have irrevocably agreed to these terms. If you choose to leave this Site, try visiting Google.ca as it may have the website and information you're seeking.

The Terms and Conditions are applicable to this Site and not necessarily to other Harry Potter web sites on the World Wide Web pages. When leaving Harry Potter (.ca), please read the privacy policy applicable to the site you are visiting. If you do not agree with this Privacy Policy, please do not use that web site.

This site is an unofficial Harry Potter site, and therefore should only be entered by people who fully understand that the site holds no connection or relation to J.K. Rowling, Scholastic Books, Bloomsbury Publishing or Warner Bros. All imags and material realted to the J.K. Rowling novels is © Scholastic Books (US), and Bloomsbury Publishing (UK). All material related to the "Harry Potter" films is © Warner Bros. Alternatively if you are looking for official Harry Potter sites then try the following:

Areas of this Site offered by Harry Potter (.ca) may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on February 15, 2001.

How To Contact Us

This Site is controlled and operated by HarryPotter.ca domain registrant. Please forward any complaints, questions or general correspondence to the contact information posted on the contact page.

Your Registration

To access some of the resources this Site has to offer, you will be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at Harry Potter (.ca) believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.

We will assume (and by using this Site you warrant that) that either you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of this Site and accept these Terms of Use on your behalf.

Online Privacy Policy

Your privacy is important to us. To better protect your privacy, we provide a privacy policy explaining our online information practises and the choices you can make about the way your information is collected and used at this site. Click here to show this policy, which forms part of these Terms of Use.

Trademarks and Copyrights

Some of the characters, logos or other images incorporated by Harry Potter (.ca) on this Site are also property of registered or unregistered owners who hold the rights to thetrademarks, trade names and/or service marks owned by the owners. Harry Potter (.ca) respects the intellectual property rights of others and asks users of this Site to do the same.

Your Use of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks of any 3rd parties and / or Harry Potter (.ca) and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use only.

Disclaimer of Warranties YOUR USE OF THIS SITE IS AT YOUR OWN RISK. HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material) AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HARRYPOTTER.CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARRYPOTTER.CA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HARRYPOTTER.CA'S WEB SITES OR THE THIRD PARTY SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HARRYPOTTER.CA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material) OR ANY SITES LINKED TO HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HARRYPOTTER.CA MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material) WILL NOT INFINGE THE RIGHTS OF OTHERS AND HARRYPOTTER.CA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material). IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

HARRYPOTTER.CA DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material) OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material), REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF HARRYPOTTER.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT HARRYPOTTER.CA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Discussion Forums & Membership Directories and Profiles

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF HARRYPOTTER.CA OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. HARRYPOTTER.CA DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF HARRYPOTTER.CA. HARRYPOTTER.CA MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Submissions, Postings and E-mails

HARRYPOTTER.CA is interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited or solicited submissions of concepts, stories, or other potential content. Therefore, please do not send HARRYPOTTER.CA any unsolicited submissions.

Any material you send to us will not be treated as confidential.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by HARRYPOTTER.CA) or privately transmitted on or through this Site are the sole responsibility of the sender, not HARRYPOTTER.CA, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

We at HARRYPOTTER.CA require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) you do not have the right to transmit under any contractual or other relationship (e.g., insider information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
(l) copies any other pages or images on this Site except with appropriate authority;
(m) includes MP3 format files;
(n) amounts to a 'pyramid' or similar scheme;
(o) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via this Site;
(p) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by HARRYPOTTER.CA anywhere on this Site (e.g., on any web space made available for your use).

System Abuse

Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Security

Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). HARRYPOTTER.CA shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that HARRYPOTTER.CA considers insecure, HARRYPOTTER.CA will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, HARRYPOTTER.CA reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations

HARRYPOTTER.CA reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. HARRYPOTTER.CA may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. HARRYPOTTER.CA may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If HARRYPOTTER.CA believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. HARRYPOTTER.CA will fully cooperate with any law enforcement authorities or court order requesting or directing HARRYPOTTER.CA to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HARRYPOTTER.CA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HARRYPOTTER.CA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER HARRYPOTTER.CA OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).

HARRYPOTTER.CA, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations

HARRYPOTTER.CA makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Indemnity

You agree to indemnify and hold harmless HARRYPOTTER.CA and its owners, management, webmaster(s), officers, directors, employees, agents, distributors and/or affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto HARRYPOTTER.CA's servers (including third-part servers), and/or from any and all use of your account.

Our Use of Content

HARRYPOTTER.CA will consider anything you provide to HARRYPOTTER.CA and/or contribute to this Site as available for our use free of any obligations to you.

By posting or uploading any content to this Site and/or providing any communication or material to HARRYPOTTER.CA ("User Content"), you automatically and irrevocably: (a) grant and assign to HARRYPOTTER.CA any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by HARRYPOTTER.CA and/or by any person authorized by HARRYPOTTER.CA, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint HARRYPOTTER.CA as your agent with full power to enter into any document and/or do any act HARRYPOTTER.CA may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that HARRYPOTTER.CA shall not be liable for any use or disclosure of such User Content.

Third Party Sites

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of HARRYPOTTER.CA, and you acknowledge that (whether or not such sites are affiliated in any way with HARRYPOTTER.CA) HARRYPOTTER.CA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by HARRYPOTTER.CA or any association with its operators.

HARRYPOTTER.CA cannot ensure that you will be satisfied with any products or services or content that you purchase from any third party site that links to or from HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material) since those other sites are owned and operated by independent third parties. HARRYPOTTER.CA does not endorse any of the merchandise, nor has HARRYPOTTER.CA taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. HARRYPOTTER.CA does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. For further information about the policies of the online merchants in HARRYPOTTER.CA (an unofficial Harry Potter website and in no way affiliated to Warner Bros., JK Rowling or other associates of Harry Potter trademark and copywritten material), click here.

Proprietary Online Services

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues

The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products related to Harry Potter. The Site is controlled and operated by HARRYPOTTER.CA from its location in Canada.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the province of British Columbia (Canada), as they are applied to agreements entered into and to be performed entirely within British Columbia. Any action you, any third party or HARRYPOTTER.CA may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the Province or Federal Courts located in Vancouver, British Columbia, Canada and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims of Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at HARRYPOTTER.CA want to hear from you. Please forward the following information in writing to the Copyright Agent named below:

(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; and
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.

NOTE:

Our aim is to provide a friendly online environment for people of all ages who hold an interest in Harry Potter to come together to have fun, collaborate with each other and provide entertainment. In no means does Harry Potter.ca mean or aim to defame any party. All we want is a fun, peacefull community for all Harry Potter fans to come together. If anything on this site goes against this goal, please let us know as we strive hard to provide the friendly environment to all.

Thank you.