Welcome to “IF HE ONLY KNEW”, a website owned and operated by SUNNY D ENTERTAINMENT LTD. (the “Company”), a company duly incorporated under the laws of the Province of British Columbia, Canada, and located at the following URL: http://www.ifheonlyknew.com (the “Website”). All references to “we” or “us” shall be deemed to be including the Company unless otherwise expressly stated.

Sections

1.0 Membership Agreement and Terms of Use

2.0 Privacy Policy

Please Read This Document Carefully! This Agreement (the “Agreement”) governs your relationship with the Company respecting the Website and describes the legally binding terms for your access to and use of the Website.

SECTION 1.0 – MEMBERSHIP AGREEMENT AND TERMS OF USE

1. 1. By using the Website, you represent that you are over the age of NINETEEN (19) and you agree to be bound by this Agreement and all applicable laws governing this Agreement. If you do not agree with any of it, you should leave the Website and discontinue your use of it immediately.
   2. The Company reserves the right to modify any or all terms of this Agreement from time to time and such modification shall be effective immediately upon being posted on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted.
   3. By signing up, you will have an opportunity to create a profile containing your personal information (a “Profile”) and become a registered member (a “Member”), and receive our newsletter. From time-to-time, we may expand what we offer to all of our Members, who will then be given the option of receiving these expanded offerings or not. Becoming a Member is void where prohibited by law.
   4. By becoming a Member, you represent and warrant that (a) all information in your Profile is truthful and accurate and that you will maintain the accuracy of such information; and (b) you are NINETEEN (19) years of age or older and are capable of entering into a legally binding contract. Your Membership may be terminated without warning if: (1) we believe that you are under NINETEEN (19) years of age or are not capable of entering into a legally binding agreement in British Columbia, Canada; or (2) you breach any of the terms and conditions of this Agreement; or (3) your use of the Website breaches any applicable law in Canada or violates any right of any person.
   5. In some cases, users are invite to contribute comments or ask questions (“User Contributions”). User Contributions may not be, and your Profile may not include nor link to any content or information that is perceived by the Company as being, racist, defamatory, pornographic, offensive, obscene, lewd, excessively violent, harassing, sexually explicit, discriminatory or otherwise illegal or objectionable in nature, nor shall it include passwords, viruses, spyware, malware, illegal software or any hyperlinks to same. If you become aware of misuse of the Website by any person, please contact info@ifheonlyknew.com.
   6. You acknowledge that the Company has the right but not the obligation to monitor the Website, and the Company does not assume any responsibility for User Contributions. The Company does not endorse any User Contribution nor does any User Contribution posted on the Website necessarily reflect the views and opinions of the Company. The Company makes no warranties, express or implied, as to any material or information transmitted by any Member to anyone else.
   7. The Company shall have the irrevocable, perpetual, and unfettered right and license to use (or not use), modify, edit, alter, remix, juxtapose, compile, publish, display, reproduce, publicly perform, broadcast, exhibit, promote, advertise, market, sub-license and exploit all User Contributions without further consent from you.
   8. You represent and warrant that your User Contributions are all original to you and are owned in their entirety by you at the time of the upload and that you have the unencumbered right to make the grant of license set forth in the preceding paragraph 1.7.
   9. The Company is not obliged to pay you any consideration, royalties, fees or buy-outs of any kind or nature for your User Contributions. All claims for monetary or non-monetary consideration, compensation, royalties, fees or buy-outs for your User Contributions, along with any claims for droit moral, are expressly and forever waived by you.
   10. Unauthorized mirroring or, framing of or linking to the Website is prohibited. Third party commercial advertisements, affiliate links, and other forms of solicitation shall be removed without notice and may result in suspension of you Membership.
   11. You are not permitted to use any of the Company’s identification marks as a reference or means of promotion or publicity. Furthermore, you will not create an association, express or implied, between you and us.
   12. You may cancel your Membership at any time by emailing sunny@ifheonlyknew.com. Cancellation of Membership does not terminate the Company’s ongoing rights and licenses in and to your User Contributions granted under paragraph 1.7 above.
   13. We reserve the right, but not the obligation, to delete any information about any Member and further reserve the right to unilaterally remove from the Website any material that it deems to be in violation of this Agreement. However, given the “always on” nature of the world-wide web, it is realistic to expect that, at times, the Website may contain material that you are offended by. If you encounter such content, please immediately notify us at info@ifheonlyknew.com.
   14. The Company owns all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Website (and any derivative works or enhancements thereof), including but not limited to all information, content, materials, products, services, URLs, software, technology, editorial or user guidelines, documentation and music, and shall be permitted unfettered use of this material. You shall not acquire any right, title or interest therein. Any rights not expressly granted herein are deemed withheld.
   15. You agree to defend, indemnify and hold the Company and its respective affiliates, officers, directors, employees, shareholders, heirs and assigns, agents, funders and licensees harmless from and against any and all costs, claims, fines, penalties, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable legal and accounting fees arising out of or in connection with your use of the Website, or any alleged violation by you of any of the terms contained in this Agreement. Notwithstanding the foregoing, the Company retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Company and in no event shall you settle any such claim without our prior written approval.
   16. Members may from time-to-time be eligible to participate in contests organized by the Company, subject to the rules of those contests. If you do not want to participate in a particular contest, please advise us in writing at contests@ifheonlyknew.com.

THIS WEBSITE IS PROVIDED TO YOU SOLELY FOR ENTERTAINMENT PURPOSES.

ACCORDINGLY, THIS WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTIES OR ANY LAWS.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OR FROM ANY ERRORS OR OMISSIONS CONTAINED ON, THE WEBSITE OR ANY CONTENT OR SERVICE THEREIN, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.