Last updated on: April 26, 2010.
Acceptance and Modification
Please read the terms and conditions of use (the "Terms of Use") set forth below carefully as they contain the legal terms that govern your use of any website, including without limitation, lozzal.com (the "Site"), web page, software, services and products operated or provided by We-Create Inc. (the "Company", "us", "our", or "we"). Your use of any website including, without limitation, the Site, as well as any web page, software, services and/or products operated, provided or suggested by the Company are collectively referred to as the "Services". These Terms of Use may be modified by us from time to time in our sole discretion, so please frequently return to the Terms of Use to review them. If you do not agree with any of the terms and conditions, you must discontinue using the Services. Your continued use of the Services means that you accept any and all changes to these Terms of Use.
Privacy Policy
Our policies and procedures with respect to our collection and use of your personal information are governed by our Privacy Policy. To view the Privacy Policy, please visit our Privacy Policy.
Through the Services, we strive to provide valuable information to you (also referred to as "suggestions" herein). We do not collect person information about those who access and use the Services. We do, however, place cookies on your access device (such as your mobile phone or handset or computer) (the "Access Device") to track your use of the Services. Through the use of cookies, we collect certain limited information about your access to the Services, including, but not limited to, IP addresses (a numeric address assigned automatically to computers when they access the Internet), web browser manufacturer and version (if available) that you use to access the Services, and your interaction with the Services. This information is assigned to the randomly generated user ID assigned to your use of the Services, which are stored in a cookie; it is not assigned to any description or identifier that could personally identify you.
Location Information
The Services incorporate and use location-related information derived from an Access Device. The Services use your Access Devices' internal global positioning system chip or the wireless access points visible to your Access Device to determine your location. If the Services are unable to determine your location from these access points, other methods may be used such as IP address mapping or the Company's solicitation of your location through your submissions or other inputs to the Services.
No personally identifiable information such as your name or contact information is sent to the Company in connection with the Services. The Company does, however, keep track of all suggestions made to your Access Device and all requests made by your Access Device, as part of your use of the Services. Location-related information in the request, or derived from the request or in providing the suggestion (such as latitude and longitude) may be retained by the Company so that we may provide you with, and continue to operate, the Services. In connection with the foregoing, we may also capture the date and time of the request or the suggestion made to you and other additional location-related information that you may have provided using the Services, such as an address, latitude and longitude, a place name, or the start and end address of a route. Location requests made to the Services or suggestions made by us in providing the Services are stored in a transaction log. The log is used to improve the quality and accuracy of the Services.
By using the Services you consent to the Company's collection, retention and use of any of your location-related information or other information provided to you by us for the purposes of providing the Services.
Access and Use of the Services and Beta Testing
Please be aware that the Services are under development by the Company and are being offered to you with limited availability at this time. During this development period (or beta period), you may see and/or have access to only certain portions of the Services and their corresponding functionality. Further, the Services may be unreliable and should not be used for any purpose other than the evaluation of the Services. The feedback we receive from beta users like you will help us produce a more stable product, and/or enhanced Services for general release. As a beta tester, you are asked to test the Services under operating conditions simulating those you would normally expect. However, you must take adequate precautions to prevent damage to your Access Device in the event any portion of the Services fails.
The Company grants to you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company in accordance with these Terms of Use.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, "Submissions"), provided by you to the Company are solely your Submissions and not that of a third party, are non-confidential to you and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive to and in favour of the Company your moral rights in and to your Submissions.
You are required to comply with all applicable laws in connection with your use of the Services and such further limitations as may be set forth below and in any written or on-screen notice from the Company. When using, or otherwise accessing the Services, you shall not:
- use any of the Services for any purpose that is unlawful or prohibited by these Terms of Use or are otherwise harms the Company or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
- copy, modify, create a derivative work of, reverse engineer or decompile the Services or any part thereof, unless this is expressly permitted or required by law, or unless expressly permitted by the Company;
- take any action that imposes an unreasonable or disproportionately large load on the Services' infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted in connection with the Services;
- use any unauthorized means to modify or reroute, or attempt to modify or reroute the Services;
- access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement with the Company;
- access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services; and
- reproduce, duplicate, copy, sell, trade or resell any of the Services for any purpose, unless you have otherwise been specifically permitted to do so in a separate agreement with the Company.
The Services are intended for a general audience and are not to be used by children under the age of thirteen. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
You agree that the Company shall not be liable to you nor any third party for any termination of your access to the Services.
No Endorsement of Results of Third Party Services
Using the Services may result in the display of results, advertisements or other content that contain(s) hyper-links to or suggestions or results for websites, locations, products, services or activities. Such websites, locations, products, services or activities are not created or controlled by the Company (collectively, "Third Party Services"), are wholly independent from the Company and as such are intended for convenience only. Although the Company is pleased to make available Third Party Content through the Services, the Company can only do so with your clear understanding, acknowledgment and agreement that the Third Party Services are not under the control of the Company, are in no way endorsed by the Company and the Company is not responsible for the content, use, accuracy, completeness, usefulness, timeliness, copyright compliance, availability, legality or any other aspect of such Third Party Content. To the maximum extent permitted by law, Third Party Content is provided to you "as is" and "as available" without any conditions, endorsements, guarantees, representations or warranties of any kind, express or implied, including without limitation, any conditions, endorsements, guarantees, representations or warranties of durability, fitness for a particular purpose, merchantability, merchantable quality, non-infringement, satisfactory quality or title arising from a statute or custom or course of dealing or usage of trade.
You acknowledge and agree that any of your correspondence or commercial dealings with any provider of Third Party Services, including any merchants, service providers or advertisers, found on, or through, the Services, including payment for and delivery of related goods and/or services, are solely as between you and such third parties. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You acknowledge and agree that the Company will not be responsible or liable to you or any other party for any loss or damage of any kind incurred as a result of, or in connection with, any hyperlinks, content, advertisements or any other materials found on, or through, the Services.
Results May be Objectionable
Using the Services may produce content and/or links or suggested links to Third Party Services that some people find objectionable, inappropriate, or offensive. The Company cannot guarantee that use of the Services will not result in displaying unintended or objectionable content and the Company assumes no responsibility for the content of any Third Party Services displayed, included in any content or otherwise linked to by the Services. You understand that by using the Services you may be exposed to content that is inaccurate, misleading, objectionable, or otherwise inappropriate, especially for children.
Copyright
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content, are owned by the Company, or its third-party licensors, to the full extent provided under Canadian and international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, storing in any retrieval system or transmitting any of the contents of the Services for any purposes. Nothing stated or implied on the Services confers on you any license or right under any copyright of the Company or any third-party.
The Services and the information contained therein are for informational purposes only. Any reproduction, distribution, display, performance, copying, or redistribution for commercial purposes of any materials or design elements of the Services without the prior written consent of the Company is strictly prohibited. Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is also prohibited.
Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos and designs of the Company or third party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied in connection with the Services confers on you any license or right under any patent, copyright or trademark of the Company or any third party.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (1) ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE; AND (4) THE QUALITY OF ANY CONTENT, GOODS, SERVICES, INFORMATION OR OTHER MATERIAL THAT MAY BE OFFERED AND SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR ACCESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO SUGGESTIONS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SHOULD YOU CHOOSE TO FOLLOW ONE OF OUR SUGGESTIONS MADE TO YOU, YOU SHALL DO SO ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF USER CONTENT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ANY OF THE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR SUGGESTIONS OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, A THIRD PARTY THAT YOU ENGAGE AS A RESULT OF OUR SUGGESTIONS IN CONNECTION WITH THE SERVICES; OR (5) ANY THIRD PARTY CONTENT, ANY THIRD-PARTY SERVICES, OUR CONTENT OR OTHER MATTER RELATING TO THE SERVICES OR THE COMPANY.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from: (i) your access to or use of the Services, (ii) your violation of these Terms of Use, (iii) the infringement by you of any intellectual property or other right of any person or entity; or (iv) any claims brought by third parties arising out of your use of the information (including, without limitation, suggestions) accessed from the Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and reasonable legal fees of the Indemnified Parties in connection therewith.
System Outages
The Company periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. The Company shall have no liability whatsoever for (i) the resulting unavailability of the Services, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, mis-delivery, non-delivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Services.
Governing Law
These Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada as applicable. Each party hereby irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regard to the conflicts of laws principles and to waive any objections based upon venue.
General
These Terms of Use and the Privacy Policy constitute the entire agreement between the Company and you pertaining to your use of the Services and, except as specifically set forth herein, supersede any prior agreements between you and the Company relating to the Services. In the event that one or more provisions of these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms of Use. The Company may assign these Terms of Use, in whole or in part, at any time. The Company's failure to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. The paragraph headings are for convenience only and are not part of the Terms of Use.
Should you have any questions concerning the Terms of Use, contact the Company at:
We-Create Inc.
2-572 Weber Street North
Waterloo, Ontario
N2L 5C6
Canada
Phone: 1.888.615.7374
Fax: 519.745.7465
Web site: http://www.lozzal.com
Email: legal@lozzal.com