Terms & Conditions

Welcome to CRANKYFEST, administered by iThentic Canada Inc. By using CRANKYFEST, the functions and services of CRANKYFEST, and/or accessing the Content offered by CRANKYFEST, you agree to be legally bound to the Terms and Conditions of iThentic, below. We reserve the right to modify or update CRANKYFEST, its offerings or services, and these Terms and Conditions with or without notice.

“iThentic” refers to iThentic Canada Inc., iThentic USA Inc., and its successors, licensees, assignees, directors and employees. “Content” refers to all audio visual elements and ideas offered by or submitted to CRANKYFEST including but not limited to videos, software, designs, likenesses, artwork, images, music, and information, tangible and intangible, including derivative works, on all media and formats, existing or future.

CRANKYFEST is intended for use by persons 13 years of age or older. If you are not at least 13 years of age or older or are legally, or otherwise, restricted from using this website, please discontinue using CRANKYFEST. If you are not 18 years or age older, you must have a parent or guardian’s approval prior to using CRANKYFEST. By using CRANKYFEST, you are certifying that you are at least 13 years of age, have parental consent if you are between 13 and 18, and are otherwise not restricted from agreeing to these Terms and Conditions.

The use of CRANKYFEST and its Content is restricted to only personal, non-commercial purposes.

You or any third party may not display, copy, store, modify, sell, publish or redistribute any portion of CRANKYFEST or its Content unless you are the licensor of that piece of Content and are subject to the CRANKYFEST Content License Agreement. Unauthorized use of CRANKYFEST or its Content is prohibited and may result in criminal prosecution and/or civil liability.

Access to CRANKYFEST’s Content, services, or functions, online or otherwise, may require registration, the creation of a user account, and/or a fee. Registration requires providing personal information and choosing a unique, secret password that may not be shared with others. Your personal information must be complete, accurate, and YOURS. You are not allowed to access others’ accounts. iThentic is not liable for losses or damages from unauthorized use of your account. We reserve the right to block any user account at our sole discretion for any reason. Content and functions of CRANKYFEST that require a fee may not be accessed by persons who have not paid the appropriate fee.

As a viewer of Content on CRANKYFEST, you understand and agree that iThentic is not responsible for any damages, losses, costs, or harm, tangible or intangible arising from the use or transmission of that Content and that the person providing the content is responsible, even though iThentic may review the Content for artistic merits.

You may not use CRANKYFEST for any illegal purpose, to make unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post obscene or unreasonably offensive material (to be determined at iThentic’s sole discretion), to negatively present iThentic or CRANKYFEST, nor for any commercial purposes. You are not allowed to transmit malicious code or to collect information of other users through iThentic’s servers or the CRANKYFEST website. You may not take any action to interrupt the functionality of or tamper with the content contained on crankyfest.com or its servers or to unreasonably affect others’ enjoyment of CRANKYFEST in any way. We reserve the right to block access to CRANKYFEST at our sole discretion for any reason.

CRANKYFEST and the Content are provided to you “as is” without any warranties of any kind, expressed or implied, with regard to but not limited to their quality, reliability, performance, purpose, or accuracy. You agree to assume all risks of using CRANKYFEST and not to hold responsible iThentic or any of its holdings, directors, employees, partners, or advertisers for any damages, losses, or harm, tangible or intangible, including but not limited to compensatory, consequential, punitive, incidental, or attorney’s fees arising for the use of CRANKYFEST or the Content. iThentic may not be held responsible for any third party or their websites whose links may accessed through the CRANKYFEST website nor may iThentic be held responsible for malicious code contained on or distributed by our servers. iThentic does not guarantee that there will be no interruptions, delays or inaccuracies in CRANKYFEST functionality or Content and does not guarantee the continued availability or electronic storage of any portion of CRANKYFEST or the Content. iThentic does not endorse any of the ideas, products, persons, or opinions expressed in the Content.

You assume full responsibility for any damages, losses, costs, or harm arising from your use of CRANKYFEST. You agree that your sole remedy, upon your written notice, from iThentic may be the modification or removal of Content determined by iThentic to be harmful, improper, and/or in violation of copyright, trademark, or otherwise. iThentic at its discretion may choose to refund partially or fully the monies paid by a user, if any, for services or functions where the above remedy is not commercially practical.

These Terms and Conditions shall be governed by the laws of the province of Ontario and by viewing CRANKYFEST you are agreeing that such Terms and Conditions and all other aspects of CRANKYFEST will be construed in all respects in accordance with the laws of the province of Ontario applicable to an agreement entered into and to be wholly performed therein, and you agree to submit to the exclusive jurisdiction of the provincial courts of Ontario. CRANKYFEST was designed for usage in the Canada and makes no representation or warranties with regard to international usage of CRANKYFEST. Those who access CRANKYFEST from outside Canada do so at their own risk and are subject to local laws and regulations.

You may not amend these terms. If any of the terms are illegal or unenforceable or there is a claim that we have breached any of these terms, it does not affect or invalidate the other terms. These rights or terms may not be waived without written consent from iThentic.

If you believe a user has violated your or someone else’s copyright, has breached your account, or is using iThentic inappropriately, please contact us immediately at abuse@ithentic.com. Additionally, all notifications of claimed copyright infringement through the service provider, iThentic, should be forwarded to our Designated Agent, at info@ithentic.com. Any copyright infringement notification must be in writing and include:

(a) State the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant;

(b) Identify the work or other subject-matter to which the claim of infringement relates;

(c) State the claimant’s interest or right with respect to copyright in the work or other subject-matter;

(d) Specify the location data for the electronic location to which the claim of infringement relates;

(e) Specify the infringement that is claimed; and

(f) Specify the date and time of the claimed infringement.

Message Boards: Although we support an individual’s right to post dissenting opinions, we reserve the right to remove comments that in our sole discretion infringe upon the rights of others.