Website Terms Of Use

INTRODUCTION

Welcome to Loonie Times Inc.’s Internet web site (the “Site”). This Site contains text, images, audio clips, video clips, software and other materials (collectively, the “Content”), provided by Loonie Times Inc. Canada, for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the Terms of Use set out below (“Terms of Use”). If you do not agree to these Terms of Use, do not access the Site or any Content.

Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use will mean you accept those changes.

 

PRIVACY

Loonie Times Inc. has long been committed to maintaining the accuracy, confidentiality, security and privacy of your personal information. We consider your personal information to be information about you as an identifiable individual that is protected by law.

We’d like you to better understand how your personal information is collected, used and disclosed when you access and use our Site:

  1. Transactions and inquiries: You may be asked for personal information, such as your name, address or e-mail address, current phone number, payment information and permission to conduct a credit inquiry when you order a product or service online.
  2. Cookies: the Site uses cookies (small text files that contain a unique identifier that identifies your browser – but not you- each time you visit our Site). Cookies tell us which pages of our Site are visited and by how many people. This allows us to understand what information is useful and what might need improvement. You can manage your cookie preferences on your web browser, but note that if you refuse to use them, some features of the Site might not work.
  3. Quality assurance: Loonie Times Inc. may capture, replay and analyze details of your Site visits to find site errors or issues and understand the impact that transaction failures have on business processes and to improve the operation of the Site.
  4. Contests and promotions: You may choose to participate in the contests or promotions offered by Loonie Times Inc. intended to increase awareness of our products and services. When entering into certain contests or promotions, Loonie Times Inc. may request your permission use your personal information to contact you about products or services you may find of interest.

 

For additional information on how your personal information is collected, used and disclosed by Loonie Times Inc.in connection with your use of this Site, please consult our Privacy Policy available at Loonie Times.com/privacy, where you will also find the answers to many frequently asked questions.

RESTRICTIONS ON USE OF MATERIALS

All Content accessible through this Site is protected by copyright. The Content is: Copyright © Loonie Times Inc. Canada its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Loonie Times Inc. grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

 

TRADEMARKS

Loonie Times Inc. and the Loonie Times Inc. logo, Loonie Times company Mascot are registered trademarks of Loonie Times Inc. Other Loonie Times Inc. product or service names or logos referenced in the Site are trademarks or registered trademarks of Loonie Times Inc. or its affiliated companies and entities. All other products, services and company names mentioned in the Site may be trademarks of their respective owners. The absence of a product or service name or logo from this list does not constitute a waiver of the trademark or other intellectual property rights of Loonie Times Inc. or its affiliated companies and entities concerning that name or logo. You may not use any trademark displayed on the Site without the written permission of Loonie Times Inc. or the relevant owner of the trademark.

 

REGISTRATION, ACCOUNTS AND PASSWORDS

Certain of the features made available on the Site may require registration or subscription and the setting up of an account. Should you choose to register or subscribe for an account, you agree to provide accurate and current information about during the registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You are responsible for protecting your account(s) and password(s) and for all use of your account by yourself and other users (authorized or not). You must notify Loonie Times Inc. immediately should you suspect unauthorized use of your account. You agree that Loonie Times Inc. may rely on any changes you make to your account (such as requested changes to your Loonie Times Inc. services) and shall not be responsible for any errors or omissions in any changes you incorrectly request through your account. Any purchases of products and services you make through your Loonie Times Inc. account accessed through the Site are subject to the Terms of Use applicable to such purchases. Loonie Times Inc. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

 

SUBMISSION OF IDEAS AND/OR SUGGESTIONS

Loonie Times Inc.is always improving its websites and products and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms of Use. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to Loonie Times Inc. be subject to any obligation of confidentiality or expectation of compensation or attribution to you. By submitting the idea and/or suggestion or any related material to Loonie Times Inc., you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to Loonie Times Inc. that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that Loonie Times Inc. is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by Loonie Times Inc., without obtaining permission or license from any third party.

FORUMS AND CONTENT SUBMISSIONS

By uploading materials available on the Site or otherwise submitting any materials to us (files for images/illustration/design, etc.) on the Site collectively such materials and content being termed as “User Content”, you automatically grant (or warrant that the owner of such User Content expressly grants) Loonie Times Inc. a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such User Content, for the purposes of publishing and promoting such User Content in connection with the User Content was submitted or generated, and for all promotions thereof, as well as for any other purposes permitted under its Privacy Policy, all without attribution or compensation to you. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all “moral rights” in such User Content has been waived.

Loonie Times Inc.is not responsible for any loss, damage, or corruption that may occur to your User Content and Loonie Times Inc. bears no responsibility for maintaining the accuracy or confidentiality of your User Content.

If you are a minor, you must have permission from your parent or guardian to upload any User Content to Site. Loonie Times Inc. may request a parent’s or guardian’s email address from anyone who uploads any User Content to a Site for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that User Content is uploaded without permission, any or all uploaded User Content may be removed immediately and without notice to you.

Loonie Times Inc. may at any time and without notice remove any User Content and may in its sole discretion refuse to delete any User Content.

 

USE OF THE SITE

In consideration of the availability, and your use, of the Site, you agree to comply with all applicable laws and regulations and these Terms of Use when using the Site. You acknowledge that Loonie Times Inc. may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.

You are prohibited from:

  1. using, enabling, facilitating, or permitting the use of the Site for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with Loonie Times Inc..’s network operations (including preventing a fair and proportionate use by others);
  2. using or permitting the use of the Site without reading and accepting (or in contravention of) the terms of any separate license agreement or terms of use provided to you by Loonie Times Inc. for the use of any information;
  3. enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing;
  4. uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geo-blocks, registration and any other anti-theft mechanisms) or in the fraudulent use of telecommunications or broadcasting services;
  5. using the Site for anything other than private, personal, family or household use (such as reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of any Loonie Times Inc. product or service);
  6. adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any applications, or programs used in connection with the Site (whether owned by or used under licence to Loonie Times Inc..) for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through the Site or using any intellectual property except for the express purpose for which such intellectual property is made available to you through the Site;
  7. posting or transmitting any information or software containing a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component or committing any act which may compromise the security of your Internet host in any way (including analyzing or penetrating a host’s security mechanisms); and
  8. using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Loonie Times Inc. employees, suppliers, agents and representatives.

 

You are solely responsible for ensuring that your systems are able to use the Site and IT IS RECOMMENDED THAT YOU USE AND UPDATE COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS THAT ACCESS THE SITE.

 

RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.

 

SOFTWARE & CUSTOMER SITE

The Site may provide you with access to software Content or access to client specific content via dedicated login (“Software/Client Content”). Loonie Times Inc. reserves the right periodically to update or change the Software/Client Content remotely or otherwise. You may use the Software only in connection with the Site and for no other purpose. The Software/Client Content may be subject to an end user license agreement (“EULA”). Your use of the Software/Client Content is subject to any such EULA and you agree to abide by the terms of such EULA in respect of your use of the Software. For Software/Client Content not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Loonie Times Inc. or its licensors to use/access the Software/Client Content (and any corrections, updates and upgrades thereto) solely in connection with your use of the Site. You may not make any copies of the Software/Client Content. You agree that the Software/Client Content is confidential information of Loonie Times Inc. or its licensors and that you will not disclose or use the Software except as expressly permitted herein. You further agree that Loonie Times Inc., including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software/Client Content, including the failure of the Software/Client Content to meet your needs, standards, expectations or specifications.

 

CONTENT LINKED TO A LOONIE TIMES INC.SITE

Please exercise discretion while browsing the Internet. Please note that certain links on the Site may take you to other websites. Loonie Times Inc. provides these links only as a convenience and not as an endorsement by Loonie Times Inc. These linked sites are not necessarily under the control of Loonie Times Inc. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Loonie Times Inc.is not responsible for the content of any such linked sites or any other web page which is not part of the Site and under Loonie Times Inc.’s control. Unless otherwise expressly provided, Loonie Times Inc. makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Loonie Times Inc. will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site.

 

DISCLAIMERS

You expressly understand and agree that: (a) the site is provided on an “as is” and “as available” basis and that Site makes no warranties, representations or conditions (as used in this section, “warranties”) of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed, and (b) Site specifically makes no warranties that the Loonie Times Inc. site, including any content, information, products or services obtained from or through the use of the site, will be provided on an uninterrupted, timely, secure or error-free basis or that such product or services or the results derived therefrom will meet your requirements or expectations. nothing in the content shall amend or supplement any contract you may have with Loonie Times Inc. for any products or services.

 

MONITORING

You acknowledge that Loonie Times Inc. has no obligation to monitor the Site or Content accessible, transmitted through or posted to the Site. You agree that Loonie Times Inc. has the right to monitor the use of the Site and Content electronically from time to time and to disclose any information necessary to: (a) satisfy any legal, regulatory or other government request; (b) to operate the Site properly; or (c) to protect itself, other users of the Site in accordance with the Privacy Policy.

 

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless each of Loonie Times Inc., its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms of Use; (b) your access to or use of the Site or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LOONIE TIMES INC.., INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER LOONIE TIMES INC.HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR USER CONTENT, OR (C) ANY OTHER MATTER RELATING TO THE SITE. You expressly acknowledge that Loonie Times Inc. has entered into these Terms of Use, and has and will make the Site and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Site. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

 

GOVERNING LAW/JURISDICTIONAL ISSUES

The Site is controlled, operated and administered by Loonie Times Inc. from its offices within Canada. Loonie Times Inc. makes no representation or warranty that the Site is appropriate or available for use at any locations outside Canada. If you access the Site from outside Canada, you are responsible for compliance with all applicable laws. These Terms of Use shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

Some products and services referred to on the Site may not be available in all parts of Loonie Times Inc.’s territory. Contact Loonie Times Inc.’s customer service department for information regarding the products and services which may be available to you in your area.

 

ARBITRATION AND ACTIONS

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, your use of the Site or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

TERMINATION

You acknowledge and agree that Loonie Times Inc., in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Site, and remove and discard any User Content, for any reason, including where Loonie Times Inc. believes that you have violated any of these Terms of Use. You further agree that Loonie Times Inc. shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Loonie Times Inc. in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

 

MISCELLANEOUS

These Terms of Use, the Loonie Times Inc., Privacy Policy, and other documents referenced herein, constitute the entire agreement between Loonie Times Inc. and you with respect to your use of this Site. Loonie Times Inc.’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any of the Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these Terms of Use and all related documents be drawn up in English.

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is Copyrights and Trademarks

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