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Effective Date: March 15, 2019
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Ownership of the Site and its Content
The Site, including all content displayed on the Site, such as text, graphics, logos, images, design, as well as the compilation thereof, and any software or code used on the Site (collectively, “Content”), are protected by intellectual property and other applicable laws, including without limitation, copyright, trademark, trade secret, and any other proprietary rights protected under the laws of Canada. All Content and intellectual property rights therein are either the exclusive property of Jack Link’s, or have been displayed with the permission of the rights owner.
Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary for you to lawfully access and use the Site and to display, download, or print portions of the Site on a temporary basis and for your personal, educational, non-commercial use only, provided that you not: modify the Content or create any derivative works thereof; retain any copyright or other proprietary rights notices contained in the Content; or copy or post the Content on any network computer, or broadcast the Content in any media.
If you print off, copy or download any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Site not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other intellectual property laws.
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use through the Site.
Responsibility for User-Generated Content Posted on or Through The Site
To the extent that portions of the Site allow you to comment or otherwise post regarding content on the Site (“User Content”), you may not post User Content that:
By posting User Content on the Site, you are granting us a non–exclusive, worldwide, fully paid–up and royalty–free, fully assignable, transferable and sub-licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the Site, you represent and warrant that the posting of your User Content does not violate the Terms or any applicable laws.
Jack Link’s does not and shall not have any obligation to review User Content; therefore, we do not guarantee the accuracy, integrity or quality of User Content, and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on our Site. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit or remove any User Content, in whole or in part, at our sole discretion. UNDER NO CIRCUMSTANCES SHALL JACK LINK’S OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SITE.
Removal of Content
You can seek removal of objectionable User Content by contacting us at firstname.lastname@example.org. We will review all such requests and will remove User Content that we determine should be removed, in our sole discretion and in accordance with the Terms and applicable law. Please be aware, however, that if the User Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User Content we remove from the Site may remain on back-up servers. We have no obligation, nor any responsibility to any party to monitor the Site, and do not and cannot undertake to review User Content that you or other users submit to the Site without notification to us.
Our policy is to respond to notices of alleged copyright infringement that comply with the Copyright Act (“Act”). If you believe that any content on the Site infringes the intellectual property right of a third party, you may notify us at: email@example.com. To submit a notice, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Site that infringes upon the copyright, and a declaration that: you, in good faith, believe the information is infringing on the copyright of a third party, the information you include in your notice is accurate, and you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.
Content that you post specifically about how we can improve the Site and the products and services we make available through the Site (“Feedback”) will be and will remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of the Site, you agree that to the extent you provide personal information to Jack Link’s it will be true, accurate, current, and complete, and that you will update all personal information, as necessary.
To the extent you create an account through the Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization, and to logout from your account at the end of each session. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us at firstname.lastname@example.org. Until we are so notified, you will remain liable for any unauthorized use of your account. We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, Trojan horses, worms, spiders, robots, logic bombs, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. We reserve all rights and remedies available to us.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JACK LINK’S, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). YOUR USE OF THE SITE IS AT YOUR OWN RISK.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
Links to Third-Party Websites
The Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Jack Link’s shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. The Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Governing Law, Jurisdiction and Venue
The Terms will be governed by and construed in accordance with the laws of Canada and the provincial laws applicable therein, without giving effect to any choice or conflict of law provision, principle or rule, notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of the Site or the Terms will be instituted in the courts of the applicable province and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
You agree to indemnify and hold Jack Link’s, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth above and/or if any material that you post using the Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
Your Consent to Other Agreements
LSI Enterprises Canada ULC
2676 Argentia Rd
Telephone: (905) 542-2185