Family Genealogy Research is owned and operated under the corporation: Oombawka Design, Ltd.
WHO WE ARE
Oombawka Design, Ltd. (“Oombawka Design”, “Our”, “Us”, or “We”), is committed to protecting the privacy of your Personal Information.
This document is designed to explain the types of Personal Information We collect, how it is used, and the steps We take to ensure your Personal Information is handled appropriately.
- Our websites and mobile applications including: https://oombawkadesigncrochet.com https://www.freecrochettutorials.com , https://favouritefamilyrecipes.com , https://familygenealogyresearch.com and https://charitycrochet.com (collectively, the “Website”);
- When you interact with our Branded advertising and applications on third-party websites and services, when they include links to Our policy;
- Our marketing campaigns and contests (collectively, “Services” and each is a “Service”).
If you do not agree to the collection, use and disclosure of your Personal Information in this way, please do not use the Website, Our Services or otherwise provide Oombawka with your Personal Information.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)
WHAT IS PERSONAL INFORMATION?
- Personal information does not include aggregated data from which the identity of an individual cannot be determined.
- Personal Information does not include business contact information.
The types of Personal Information that Oombawka Design collects are described below.
WHAT PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT
Oombawka Design collects personal data from and about the users of our Website to communicate with you, or to make Our Services better.
- Oombawka Design collects only the information required to provide and market Our products and Services to you.
- Oombawka Design will collect Personal Information only by clear, fair and lawful means. We will not, as a condition of supplying you with a product or Service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the specified, legitimate purpose.
- The amount of Personal Information provided by you and collected by Oombawka Design depends on the circumstances and the Personal Information We collect may include contact, demographic or other types of information.
We may collect the following types of information from you:
Oombawka Design does not collect, review, retain, or access any payment information you may provide in connection with the Services or Your use of the Website. Our payment processing vendor collects your credit card information and billing address. Please see the Sections “Disclosure of Your Personal Information” and “Interactions with Third Parties” for more information on the collection, use and disclosure of such information by Our payment processing vendor.
Other Information that You Provide:
We may occasionally request from you or you may otherwise voluntarily provide Us with information that personally identifies you (e.g. when you register for prize draws or competitions, sign up to receive information, fill out a survey or make a comment or enquiry). This may include your name, mailing address and telephone number. We may receive Personal Information about you from a broad range of activities through the services, including, but not limited to, your inputs to the Website and general correspondence with Us.
When you send email or other communications to Us, We may retain those communications in order to process your inquiries, respond to your requests and improve the Services.
Online and Offline Communications:
We may combine and store Personal Information about your use of the Website and the online information you have provided with certain other online and offline information We may have collected.
Oombawka Design collects data that is about you but that does not individually identify you.
- Data such as your social media handles, IP addresses, your internet connection, the equipment you use to access Our Website and Usage Information.
WHY DOES OOMBAWKA DESIGN COLLECT PERSONAL INFORMATION
Oombawka Design identifies the purpose for which your Personal Information is collected and will be used or disclosed.
By using the Website and/or the Services, you will be deemed to consent to Our use of your Personal Information for the purposes of:
- conducting surveys, contests and promotions;
- administering and managing the Services and Our business operations;
- understanding and responding to your needs and preferences, including to communicate with you and to provide you with support and other services;
- developing, enhancing, marketing, selling, providing, and informing individuals of Oombawka Design’s products and Services;
- developing, enhancing, marketing, selling, providing, and informing individuals of third parties, including suppliers with whom Oombawka Design has a commercial relationship;
- updating and verifying Our databases;
- protecting against fraud or error;
- personalizing user experiences with the Website, as well as evaluating statistics on Website activity;
- complying with legal and governmental requirements; or
- for any other purpose to which an individual consents.
Oombawka Design will not use or disclose your Personal Information for purposes other than those for which it was collected, except with your consent or as permitted or required by law or regulatory authorities.
PRIVACY AND THE SITES
We also collect certain types of information whenever you interact with Us through the Website, including, but not limited to, the following:
INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU ACCESS AND USE THE WEBSITE
In addition to any Personal Information or other information that you choose to submit to the Website, We and Our third party service providers (including content and analytics providers and advertising companies) may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Website or one of Our advertisements or other content elsewhere online (“Usage Information“).
Usage Information may include the browser you are using, the URL that referred you to Our Website, all of the areas within Our Website that you visit, and the time of day, among other information.
Our systems may also automatically gather information about the search terms you use on Our Website and the links you select from within Our Website to other areas of the Web or elsewhere online.
In addition, We may collect your IP address or other unique identifier for your computer, cell phone, or other device used to access the Website (collectively referred to as a “Device Identifier“).
A Device Identifier is a number that is automatically assigned to your computer, your cell phone, or other device used to access the Website, and Our computers identify your device by its Device Identifier.
Usage Information may be non-identifying or may be associated with you.
Whenever We associate Usage Information or a Device Identifier with you, as an individual and identifiable person, We will treat it as Personal Information.
INFORMATION FROM OTHER SOURCES
We may receive information about you from third parties.
For example, if you are on another website and you opt-in to receive information from Our Website, the third party website may forward to Us your email address and other information about you so that We may contact you as requested.
We may supplement the information We collect about you online with outside records from third parties in order to enhance Our ability to serve you, to tailor Our content to you, and to offer you opportunities to purchase products or services that We believe may be of interest to you.
SOCIAL MEDIA/INTEGRATION WITH THIRD PARTY PLATFORMS
The Website may permit you to interact with a third party website or service, such as enabling you to “like” Us on another website or “share” content from the Website with other websites (a “Social Networking Service“).
If you choose to “like” or “share” content or to otherwise post information from or via the Website to a Social Networking Service, that information may be publicly displayed, and the third party may have access to certain information about you and your use of the Website.
Similarly, if you interact with Us through a Social Networking Service, We may have access to information about you (for example, if you “like” or “follow” Our page on a third party website).
Please note that if you mention or comment upon Oombawka Design’s or the Website in your post to a third party platform, the third party platform may allow Us to publish your post on the Website.
You may also choose to use a social media tool offered by a third party, but available on the Website (such as posting a review or logging into the Website with your username and password for another website, such as Facebook).
Use of such a feature may allow Us to collect (or the third party to share) information about you, including Personal Information.
Information about you, including your name and profile photo, may be shown to other users of the Website if you are logged in through the Website or through a third party website or service or if you have previously posted content to the Website while logged in.
When you choose to use a social media tool available through the Website, you may be opting to link your activity on Our Website with that third party website or service, which may then collect information about your visits to Our Website and may publish that activity as you request to your profile or similar feature with that third party.
In addition, We may receive information about you if other users of a third party website give Us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third party website or interactive service.
COOKIES AND SIMILAR TECHNOLOGIES
The Website may include the following tracking technologies, and similar technologies, and which may be set and controlled by Us or by Our third party service, advertising or content providers (including advertising services such as Google.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
By default, most browsers will automatically accept cookies, but by altering your browser’s settings, you can either disable cookies completely or be prompted prior to a cookie being loaded. Consult each individual browser’s “help” feature for more information.
If you leave a comment on Our Website you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies last for one year.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
An embedded script is programming code that is designed to collect information about your interactions with the Website, such as the links on which you click. The code is temporarily downloaded onto your computer, mobile device or other device from Our web server or a third party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter.
Articles on this site may included embedded content (e.g. videos, images, articles, etc.) Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
In addition, We may use a variety of other technologies on the Website that collect information for
Information collected using Analytical Tools will be transmitted and stored on servers located outside of Ontario, specifically in the United States or any other country with which Oombawka Design or service providers maintain facilities, and may be accessible to law enforcement or other authorities in those foreign jurisdictions.
The third party providers of Analytical Tools may also transfer this information to other third parties (such as governmental authorities) where they are required to do so by law, or where such third parties process the information on their behalf.
As some Analytical Tools rely on cookies to perform their functions, you can avoid having your usage data collected by those Analytical Tools by disabling cookies in your browser.
HOW TO DISABLE COOKIES IN YOUR BROWSER
You can obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome); (b)https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
You can also use this opt-out tool from Google: Google Analytics Opt-Out Tool.
Please note that blocking cookies may have a negative impact on the functions of many websites, including Our Website. Some features of Our Website may cease to be available to you.
We use the services of third party advertising networks, ad agencies, third party traffic measurement services and other vendors (“Third Party Ad Providers”) to provide Us with information regarding traffic on the Website, to serve Our advertisements elsewhere online, including advertisements based upon your prior visits to the Website, and to provide Us with information regarding the use of the Website and the effectiveness of Our advertising activities on other websites or electronic messages that We send.
DISCLOSURE OF YOUR PERSONAL INFORMATION
From time to time Oombawka Design may disclose Personal Information to:
- its service providers, including an organization or individual retained by Oombawka Design to perform functions on its behalf or to provide services to Oombawka Design, such as marketing, data processing, software development, website hosting, information technology and office services, and further provided such organization or individual does not collect, use or disclose the Personal Information for any purpose other than to perform such functions or provide services to Oombawka Design;
- a person who, in the reasonable judgment of Oombawka Design, is providing or seeking the information as an agent of the subject individual;
- a person who, in the reasonable judgment of Oombawka Design, ought to be informed in emergency situations in which We believe that the life, health or safety of an individual may be in danger; or
- any third party or parties, with the consent of the subject individual or where disclosure is required or permitted by law.
Your Personal Information may also be shared in the following ways:
- We may de-identify your Personal Information and share anonymized data with third parties.
- We may combine your information with other information in a way that it no longer identifies you and share that aggregated information internally or externally with third parties for the purpose of enhancing the Website and the Services and your user experience.
Information, including Personal Information, which We collect from users of the Services and others, is considered to be a business asset. As a result, in the unlikely event that We go out of business, enter bankruptcy or if We are acquired as a result of a transaction such as a merger, acquisition or asset sale, your Personal Information may be disclosed or transferred to the third party acquirer in connection with the transaction.
You are deemed to consent to disclosure of your Personal Information for the above stated purposes. If your Personal Information is shared with third parties, those third parties are bound by appropriate agreements with Oombawka Design to secure and protect the confidentiality of your Personal Information.
We may also disclose your Personal Information when We believe such disclosure is appropriate to comply with the law, enforce Our policies, or protect Our or others’ rights, property or for safety.
TRANSFER OR STORAGE OUTSIDE CANADA
Personal Information may be securely transferred or stored outside of Canada, to the United States or to any other country in which Oombawka Design or service providers maintain facilities.
Where information is transferred or stored outside Canada, it may be accessible to foreign law enforcement and other foreign authorities.
ACCURACY AND RETENTION OF PERSONAL INFORMATION
Oombawka Design endeavours to ensure that any Personal Information in its possession is as accurate, current and complete as necessary for the purposes for which We use that information.
- If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
If We become aware that Personal Information is inaccurate, incomplete or out of date, We will revise the Personal Information.
We keep your Personal Information only as long as it is required for the reasons it was collected.
The length of time We retain information varies, depending on the purpose for which it was collected and the nature of the information.
This period may extend beyond the end of your relationship with Us, but it will be only for so long as it is necessary for Us to have sufficient information to respond to any issues that may arise at a later date.
When your Personal Information is no longer required for Oombawka Design’s purposes, We will destroy, delete, erase or convert it into an anonymous form.
YOUR ACCESS TO YOUR PERSONAL INFORMATION
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
You can request access to your information stored by Us.
Upon receiving such a request, Oombawka Design will:
(i) obtain satisfactory proof to confirm your identity;
(ii) inform you about what type of information We have on record or in Our control, how such information is used and to whom the information may have been disclosed;
(iii) provide you with access to your information so you can review and verify the accuracy and completeness and request changes to the information; and
(iv) make any necessary updates to your information.
To access your Personal Information, refer to the “How to Contact Us” section below.
INTERACTIONS WITH THIRD PARTIES
This Policy only addresses the use and disclosure of information collected from the use of the Website and Services.
The information collected and stored by the third party remains subject to the third party’s privacy practices.
We make no representations or warranties about the privacy practices of any third party individual, website or service that you may encounter through the use of the Website.
The Website may contain links to third party websites or services (“Third Party Materials”), which are intended for convenience only.
Third Party Materials are wholly independent from Oombawka Design.
As third party individuals, and Third Party Materials are wholly independent from Oombawka Design, We are not responsible for the privacy practices of third parties or the content of any Third Party Materials that may be linked by Oombawka Design or other Oombawka Design users.
Therefore, user transactions with any third parties and access to any Third Party Materials are entirely at your own risk.
It is also your responsibility to take all protective measures to guard against viruses or other destructive devices and programs. You should refer to the privacy policies of third parties if you have any questions.
STORAGE OF BACKUPS
LINK PARTY PLUGIN
Automattic (Jetpack) Cookies Policy
We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
SOCIAL MEDIA BUTTONS
OTHER WORDPRESS PLUGINS
SuperCache (speed up Website)
Cloudflare (Content Delivery Network)
Content Views Plugin (suggested posts)
Cookie Law Info (notice of cookies)
NinjaForms (contact forms)
PrintFriendly (makes posts printable)
Coschedule (schedules social posts)
Yoast SEO (optimizes SEO)
SOCIAL MEDIA ACCOUNTS
THIRD PARTY PAYMENTS
HOW WE PROTECT YOUR DATA
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
- SSL (https) enabled (all communications between your browser and Our Website are encrypted)
- Double Opt In Login
- Sucuri Firewall and Security
- Defender from WPMU Dev
- All payments are handled offsite through Paypal, LoveKnitting/LoveCrochet and Etsy
We are not responsible for the loss or breach of any of the third party sites we use to provide you with content or services.
Unfortunately, the transmission of information on the internet is not completely secure. Although We do Our best to protect your personal information, We cannot guarantee the security of your personal information transmitted to Our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
WHAT DATA BREACH PROCEDURES WE HAVE IN PLACE
- Website will be temporarily disabled;
- Passwords and Security Certificates will be changed;
- Emails will be sent to notify our users of the breach;
- An Internal investigation will be conducted;
- Once Our Website and server are secure they will be re-enabled;
- Changes will be made and documented to prevent a similar breach from occurring in the future;
- A follow-up email will be sent to Our users to explain what happened and what We have set in place to prevent future breaches.
You are free to refuse or withdraw your consent to Our collection, use and disclosure of your Personal Information at any time, subject to contractual and legal restrictions and reasonable, advance notice, by contacting Oombawka Design. If you refuse or withdraw your consent to certain purposes, We may not be able to establish or maintain a commercial relationship with you or provide you with Services or information which may be of value to you.
HOW TO CONTACT US
For more information about Oombawka Design’s privacy practices, to amend or obtain access to your personal information, to opt-out or withdraw your consent, or if you have privacy-related questions, or concerns, please contact Our Privacy Officer: Rhondda Mol
Send us a Letter:
Oombawka Design, PO Box 23, Wellesley ON Canada N0B 2T0
Send us an Email: [email protected]
Originally Prepared by:
GOWLING WLG (CANADA) LLP,
50 Queen St N, Suite 1020,
PO Box 2248,
Kitchener, Ontario, NSH 6M2, Canada.
Updated to include extra information for the GDPR by:
Rhondda Mol, Oombawka Design, Ltd.
IMPORTANT – YOU MUST BE AT LEAST 18 YEARS OLD TO USE ANY OF THE SERVICES. IF YOU ARE UNDER THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DO NOT GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS AGREEMENT, THEN YOU DO NOT HAVE PERMISSION TO USE ANY OF THE SERVICES.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES. BY ACCESSING AND/OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT, AND YOU MUST NOT, ACCESS OR USE ANY OF THE SERVICES.
- Modification of this Agreement. Company, in its sole and absolute discretion, may change this Agreement and any of the Other Terms or Additional Terms, at any time, and such changes shall be effective immediately upon posting to the Website. You acknowledge and agree that: (i) Company may notify You of such changes by posting them to the Website and/or the Services; and (ii) Your use of any of the Services after such changes or modifications have been made (as indicated by the effective date noted at the top of this page) shall constitute Your acceptance of this Agreement as last revised. If You do not agree to such amended Agreement, then You must immediately stop using all of the Services.
- Eligibility. Company makes no representation that the Services are appropriate for use in locations other than Canada. You are solely responsible for compliance with all Applicable Laws. Any diversion of the Services contrary to any Applicable Law is prohibited.
- Rights to Use the Services.
- Access to the Services. Subject to the terms set forth in this Agreement, We grant You a non-transferable, non-exclusive, revocable license to use the Services for Your personal non-commercial use.
- Restrictions on Use. We hope you enjoy the information and materials on our Site. We’re glad when you link to them or post them on your social media accounts, but only for your personal use. You’re not permitted to post or upload any of our Site content for your commercial, business, or non-personal use. If you use or post our Site information and materials for any non-personal purposes, you’ll be violating our intellectual property rights. You shall not use the Services (whether in whole or in part) in any fashion except as expressly permitted by this Agreement. Without limiting the generality of the foregoing, You shall not and shall not encourage or assist any third party to, directly or indirectly, do any of the following acts: (i) sell, reproduce, modify or attempt to modify the Services in any way; (ii) reverse engineer, disassemble or decompile the Website or any software or other products or processes accessible through the Services, or attempt to discover or recreate the source code used to provide or access the Services, including, but not limited to, the Website; (iii) use any of the Services in any manner or for any purpose other than as expressly permitted by this Agreement, Other Terms or Additional Terms; (iv) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to You with respect to the Services to any third party; (v) remove, obscure or alter any proprietary rights notice pertaining to any of the Services; (vi) use the Services to engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (vii) use any robot, spider, scraper or other automated means to access the Services; (viii) interfere with or disrupt servers or networks used by Company to provide the Services or used by other users’ to access the Services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of the Services; (ix) cause, in Company’s sole discretion, inordinate burden on the Services or Company’s system resources or capacity; (x) modify, translate, or create derivative works based on any portion of the Services; (xi) execute the Services on an emulator; (xii) access or use the Services in order to build a competitive product or service or copy any features or functions of any of the Services; (xiii) circumvent, remove, alter, deactivate, degrade or thwart any of any security technology or software that is part of the Services (or otherwise attempt to do so or encourage or assist any other party to do so); (xiv) impersonate or attempt to impersonate any member of the Company Group (as defined below); or (xv) violate any Applicable Law. You acknowledge and additionally agree that We reserve the right to stop any conduct that restricts or inhibits other users of the Services from fully utilizing and enjoying the Services.
- Intellectual Property Ownership and Reservation of Rights. Except for Content You post (as defined below) on, through or in connection with the Services, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary rights in or related to the Services are and will remain the exclusive property of Company or its licensors, whether or not specifically recognized or perfected under local law. You will not acquire any rights in the Services except the limited use right specified in this Agreement. The Services are proprietary to Company and/or its licensors. You agree to take adequate steps to protect the Services from unauthorized disclosure or use. All the content on the Site that was created, developed, designed or generated by Oombawka, including without limitation including patterns, posts, and images, as well as the selection, composition and arrangement of such content, are protected by worldwide copyright and either belong to or are licenced to Oombawka. You are strictly prohibited from sharing, modifying, transmitting, or using the components of the Site, in whole or in part, without Oombawka’s prior written authorization. If you would like to share content from the Website, please do so by sharing a link to the post or materials. If you are a blogger and would like to share content from our Services or the Website on your blog, you may share one image with a link back to the original post on the Website. No licence or right of use is granted to you or may be inferred from your use of this Site.
- Rights to Your Content.
- Company does not claim any ownership rights in the files, images, photos, works of authorship, applications, or any other materials (collectively, “Content”) that You upload, transmit, submit, display or publish (“post”) on, through or in connection with the Services. After posting Your Content on, through or in connection with the Services, You continue to retain any such rights that You may have in Your Content, subject to the limited license granted herein.
- By posting any Content on, through or in connection with the Services, You hereby grant to Company an irrevocable, non-exclusive, royalty-free, fee-free and fully paid, transferable, perpetual, worldwide right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, telecommunicate to the public, prepare adaptations and derivative works of, incorporate into other works, and otherwise use Your Content in connection with the Services by all means and manners now or later known, including, without limitation, on, through or in connection with the Services to third party email addresses, applications, widgets, websites, or mobile, desktop or other services which are linked by You at Your election (collectively, “Linked Services”), including, without limitation, distributing part or all of the Services and any Content included therein. Except as prohibited by law, You hereby waive, and You agree to waive, any moral rights (including attribution and integrity) that You may have in any Content. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted hereunder. You understand that You will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.
- Each time You post any Content, You represent and warrant that You are at least the age of majority in the jurisdiction in which You reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor (including Yourself) who is depicted in or contributed to any Content You submit, and that, as to that Content: (i) You are the sole author and/or owner of the Content posted by You on, through or in connection with the Services, or otherwise have the lawful right to grant the license set forth in Section 2 or that is provided in any Additional Terms, all without any Company obligation to obtain consent of any third party and without creating any obligation or liability of Company, (ii) the Content is accurate (other than as authorized in Section 8 or any Additional Terms); (iii) the posting of Your Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity; and (iv) the Content will not violate this Agreement (including the prohibitions in Section 8 or any Additional Terms, or cause injury or harm to any person or entity. You agree to pay all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by You on or through the Services and/or Linked Services.
- Prohibited Content.
- Please choose carefully the Content that You post on, through or in connection with the Services. Your Content may not include any form of Prohibited Content, as outlined in Section 2 below. You are solely responsible for the Content that You post on, through or in connection with any of the Services and/or Linked Services, and any material or information that You transmit to, and Your interactions with, third parties. We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to Us.
- We limit use of the Services to Content and activities that are appropriate, in Our discretion, to the Services. The following are examples, without limitation, of the kind of Content or activities that are illegal, or prohibited to post on, through or in connection with the Services (“Prohibited Content”). Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Company:
- includes a photograph of a third party that You have posted without that third party’s consent;
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party;
- is bullying, harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination,
- violates any law, regulation, or contractual obligations;
- is tortious, trade libelous, defamatory, false, intentionally misleading, or that impersonates any other person or entity, including any member of the Company Group;
- solicits or is designed to solicit personal information from anyone under age 18;
- solicits or is designed to solicit an inappropriate or unlawful relationship with a third party;
- publicly posts information that poses or creates a privacy or security risk to any person or entity;
- constitutes or promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
- furthers, promotes or depicts any illegal or criminal activity or enterprise.
- Company reserves the right to investigate and take appropriate action (which may include taking legal action) in Our sole discretion, with or without notice, against anyone who, in Company’s sole discretion, violates Sections 5.2 or 8, including, without limitation, removing the offending Content from the Services, reporting such Content or activities to law enforcement authorities. Company may reject, refuse to post or delete any Content that, in the sole judgment of Company, violates this Agreement, is inappropriate for the Services or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. However, We are not obligated to take any action not required by law. Company, may, but assumes no responsibility or obligation for reviewing or monitoring the Services for inappropriate Content or conduct. If at any time Company chooses, in its sole discretion, to review or monitor the Services, Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- Third Parties.
- Content of Other Users. The Services contain Content of Users (“User Content“). Except as otherwise provided within this Agreement, or in any Additional Terms, You may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the Services. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and do not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at Your own risk.
- Modification and Availability of the Services. We reserve the right to do any of the following, at any time, at Our sole discretion, with or without notice: (1) modify, suspend, or terminate operation of or Your access to the Services, or any portion of the Services; or (2) interrupt the regular operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Services. You agree that we will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
- Wireless Access. The Services may offer certain features and services that are available to You via Your wireless Device used to access the Services. These features and services may include the ability to access the Services’ features and upload Content to the Services and download applications to Your wireless Device (collectively, “Wireless Features”). Standard data and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or Device. You should check with Your carrier to find out what plans are available and how much they cost or any other questions regarding these carrier-related issues.
- We welcome Your feedback and comments regarding the Services. By submitting or providing Us with comments, messages, suggestions, ideas, concepts, feedback or other information about the Services, Company and/or its operations (collectively, “Submissions”) You thereby and hereby: (a) represent and warrant that none of the Submissions are confidential or proprietary to You or to any other party; (b) represent and warrant that none of the Submissions breach any agreement to which You are a party; and (c) grant Company an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to the right to use, share and commercialize Your Submissions in any way and for any purpose. You also waive in favour of Company and its successors and assigns any and all of Your moral rights in and to all Submissions. These rights survive this Agreement.
- Disclaimer. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. COMPANY, COMPANY LICENSORS, COMPANY’S SUPPLIERS AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “COMPANY GROUP”) MAKE NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT) AS TO, ARISING OUT OF OR RELATED TO THE FOLLOWING: (I) THIS AGREEMENT; OR (II) THE SERVICES. YOU AGREE THAT WE MAY ENFORCE THIS SECTION 14 ON BEHALF AND IN FAVOUR OF COMPANY GROUP AS THEIR AGENT AND TRUSTEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY GROUP, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SERVICES, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OR IMPAIRMENT OF OTHER ASSETS) ARISING FROM THIS AGREEMENT, THE SERVICES, LINKED SERVICES OR THIRD PARTY SITES AND PRODUCTS OR OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL COMPANY GROUP’S CUMULATIVE OR AGGREGATE LIABILITY TO YOU FOR DIRECT OR ANY OTHER DAMAGES OF ANY KIND OR NATURE IN CONNECTION WITH THE SERVICES, LINKED SERVICES, THIRD PARTY PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO, THIRD PARTY SITES AND PRODUCTS), OR OTHERWISE UNDER THIS AGREEMENT EXCEED FIFTY CANADIAN DOLLARS (CDN $50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. YOU AGREE THAT WE MAY ENFORCE THIS SECTION 15 ON BEHALF AND IN FAVOUR OF THE COMPANY GROUP AS THEIR AGENT AND TRUSTEE.
- To the maximum extent permitted by Applicable Law, You agree to indemnify, defend (at Company’s election) and hold the Company Group harmless from any loss, expense, liability, claim, damage or demand alleged by any third party, including, but not limited to, reasonable legal fees and costs, due to or arising out of or in connection with: (a) Your use of the Services or Linked Services, and Your activities in connection with the Services or Linked Services; (b) Your violation of any Applicable Law in connection with Your use of the Services or Linked Services, or Your activities in connection with the Services or Linked Services; (c) a breach of this Agreement or any Additional Terms; or (d) any Content that You post on, through or in connection with the Services or Linked Services (all of the foregoing, “Claims and Losses”). You will cooperate fully as required by Company in the defense of any Claim and Losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Company. You agree that We may enforce this Section 16 on behalf and in favour of the Company Group as their agent and trustee.
- Termination. You or Company may terminate this Agreement for any reason by giving notice to the other party. We may suspend the Services at any time, with or without cause. All provisions of this Agreement, which by their nature should survive, shall survive termination of Services, including, without limitation, ownership provisions, Your payment obligations, warranty disclaimers, limitations of liability, indemnifications and Sections 1, 2, 3, 6 – 10,13 – 16 and 18 – 21.
- Compliance With Laws. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any Content, email or other messages that is believed or alleged (reasonably or not) to violate this Agreement or any Applicable Law. You acknowledge and agree that Company may investigate any violations of law and may cooperate with law enforcement authorities in this regard.
- Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable in that Province without regards to conflict of laws principles. The parties hereby expressly and irrevocably attorn to the exclusive jurisdiction of the courts in the Province of Ontario. The United Nations Convention on Contracts for the International Sale of Goods (also called the Vienna Convention, and which is cited in the statutes of Canada as the International Sales of Goods Contracts Convention Act) will not apply to this Agreement or the transactions contemplated by this Agreement.
- Miscellaneous. This Agreement (and the documents referred to herein, including, without limitation, Other Terms and Additional Terms) constitutes the entire agreement between You and Us in relation to the use of the Services, and replace and extinguish all prior agreements, arrangements or undertakings of any nature made by the parties, whether oral or written, in relation to such subject matter. The division of this Agreement into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. You may not transfer or assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Company and any such assignment shall be null and void from the beginning. We may assign this Agreement and all rights and/or obligations hereunder to any third party without notice for any purpose, including without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale of substantially all of the party’s assets to another entity. You hereby consent to such assignment. You must continue making all required payments to Us in accordance with Your billing statement, unless notified otherwise. This Agreement shall enure to the benefit of and be binding upon Company’s or Your respective heirs, executors, administrators, successors and permitted assigns.
- Contacting Company.
If You have questions about this Agreement, feel free to CONTACT US.
PO Box 23
Wellesley ON N0B 2T0
Thanks for reading!
Rhondda Mol / Oombawka Design, Ltd.
GOWLING WLG (CANADA) LLP,
50 Queen St N, Suite 1020,
PO Box 2248,
Kitchener, Ontario, NSH 6M2,
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