Lifestrummer Legal
TERMS AND CONDITIONS OF USE
Last updated on May 14th, 2011
Lifestrummer Inc. (“Lifestrummer”, the “Company”, “we”, “us” and terms of similar meaning) provides this website at http://www.lifestrummer.com (the “Site”) and the services and products provided by or through this Site subject to these terms and conditions of use (the “Terms”). In these Terms we refer to the services and products we provide through the Site as the “Services”. Site visitors who purchase our Services are referred to as the “Customers”. Customers, members of the Lifestrummer forum, people who post comments on our blogs and casual browsers of the Site are all referred to as “Users”. BY USING THIS SITE, YOU AGREE WITH THESE TERMS AND ACKNOWLEDGE THAT THESE TERMS CONSTITUTE AND AGREEMENT BETWEEN YOU AN LIFESTRUMMER.
Lifestrummer reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and at its sole discretion. If changes are made, we will notify you of the change by posting on the home-page of the Site If you do not agree with the changes at that time, you may cancel your account with us at any time, provided that you pay any balances owing on your account. Any changes or modifications will be effective immediately upon the posting of the changes on the Site. Your continued use of the Site and the Services after the changes have been posted will constitute acceptance of the changes up to the time you cancel your account. You should review the Terms and the associated policies and guidelines to understand them and how they apply to your use of the Site and Services. The Terms, policies and guidelines will always show the “Last Updated” date at the top of the page. If you do not agree to any Terms or associated policies and guidelines, you must stop using this Site and the Services. If you have any questions about the Terms or any of the policies and guidelines associated with this Site, you may contact us at info@lifestrummer.com
1. Privacy Policy
Lifestrummer’s Privacy Policy [NTD: Provide link to privacy policy on site here] provides information on how we collect, use, disclose and store personal information we obtain from our Users. Please review this policy. When you use this Site and Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
2. Registration Data and Account Security
When you register for an account on this Site, you agree that:
you will provide us with all information as may be prompted by the registration form on this Site (the “Registration Data”) and this Registration Data will be accurate, current and complete;
you will maintain and properly update the Registration Data and keep the Registration Data and any other information you provide accurate, current and complete;
you will maintain the the security of your password;
you accept all risks of unauthorized access to the Registration Data and any other information that you provide us; and
you are responsible for all activity on your Lifestrummer account and for all charges incurred to your Lifestrummer account.
3. Prices, Payments, Charges and Taxes
Prices and any other charges for our Services as may be described on the Site are provided only to give you an estimate of the cost of our services. Estimates and revisions to estimates will be provided at various steps throughout the process of providing you our Services. The final price may vary from estimates depending on the number of revisions requested and the extent of changes at the revisions.
Payments will need to be provided in installments as indicated through the process of providing you our Services. For print and other merchandize, full payment is required before we process your order.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
4. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Lifestrummer reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.
5. Payment Methods
We accept payments through Freshbooks, 2Checkout and PayPal. Please review their privacy policies and terms of use before you use these services to make payments.
We may also accept money orders, cashier’s cheques, personal cheques, and company cheques in Canadian dollars, or if the order is made in India, in INR. Orders are processed on receipt of a money order or cashier’s cheque, unless we have discussed other arrangements. For personal and company cheques, please allow up to ten banking days after receipt for clearance of funds before the order is processed. We will charge a $25 fee on all returned cheques.
6. Shipping Policy
Shipments will be billed based on actual cost. You will be charged $25 for any shipment that is refused. We do not ship on Saturday or Sunday. Due to shipper restrictions we cannot deliver to P.O. Boxes. All shipments are subject to stock availability.
7. Ownership, Copyright and Trademarks
The content available through the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other media files, and their selection and arrangement is called “Content”. Content provided by the Users, whether they are Customers or other Users is called “User Content”. The final work-product provided to Customers through the Site as a result of our Services including the graphics, pictures, information, data designs and media files associated with the final work-product is called the “Final Product Content”. All Content, other than the User Content and the Final Product Content is “Company Content”.
User Content
User Content belongs to that User and is that User’s property. A limited license is granted to Lifestrummer for that User Content as described in Section 8 and is subject to Section 17 of these Terms. Your User Content is your responsibility. Lifestrummer has no responsibility or liability for it or for any loss or damage your User Content may cause to you or other people. We have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site or through the Services and we may do this at any time or for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site or provide us in order for us to provide the Services.
Final Product Content
Lifestrummer retains the copyright in the Final Product Content provided to the Customer through the Services of the Site. When Lifestrummer delivers the Final Product Content to you, we automatically provide you, on behalf of ourselves, our employees and any sub-contractors engaged in the creation of the Final Product Content, a limited license as described in Section 9.
If you agree to let us use the Final Product Content for marketing purposes, Lifestrummer and its affiliates and subsidiaries may use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such Final Product Content, in the manner in and for the purposes for which the Services and the Site from time to time use such Final Product Content.
Company Content
The Services, all Company Content and all software available on the Site or used to create and operate the Site and Services is the property of Lifestrummer or its licensors, and is protected by Canadian and international copyright laws. All rights to the Services, Company Content and such software are expressly reserved. All trademarks, registered trademarks, trade names, product names or logos mentioned in the Services and on the Site are the property of their respective owners. Any references to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Lifestrummer.
8. Limited License of User Content to Lifestrummer
Lifestrummer does not have any ownership rights in the User Content. However, we will need the right to use the User Content in order to provide you with our Services and to the extent necessary to operate this Site. When you post User Content to the Site or distribute User Content to us through our Services or through any other means, you:
grant Lifestrummer and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services and the Site from time to time use such User Content;
represent and warrant that:
you own and control all the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and
the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
9. Limited License of Final Product Content to You
Lifestrummer grants you a limited use, royalty-free, transferable, sole license in Canadian and international copyrights and all other intellectual property rights in the Final Product Content.
You may purchase our products in digital format or in print format. Print formats include paper prints such as Comic-books, Invitation stationary, Guest Books as well as merchandise such as Photo-frames, Collages and Canvas prints that are printed with our artwork.
Final Product Content that is in Digital Format
In the case where we provide you the Final Product Content in digital format, including but not limited to image files, sound files and video, the limited license allows you to reproduce the Final Product Content in the same digital format as was provided to you by us. These reproductions may be made for non-commercial purposes such as personal storage and distribution to family and friends through copies on physical media, social networking sites, email and other electronic communication, and personal websites and web-pages. You may not reproduce the Final Product Content for any commercial purposes.
The limited license does not allow you to reproduce or distribute the Final Product Content in any format other than the original format in which we provided you the content. If you wish to change the digital format when reproducing the Final Product Content or wish to make a physical print copy, you must obtain Lifestrummer’s express, written permission to do so. Lifestrummer has the right to withhold such permission as it sees fit.
Final Product Content that is in Print Format
For Final Product Content that is in print format the limited license allows you to distribute the Final Product Content for non-commercial purposes only. You may not reproduce the Final Product Content in any way.
If you wish to reproduce the Final Product Content or any part of the Final Product Content in any form, you must obtain Lifestrummer’s express, written permission. Lifestrummer has the right to withhold such permission as it sees fit.
Common
Lifestrummer retains all moral rights in the Final Product Content on behalf of itself, its employees and any sub-contractors engaged in the creation of the Final Product Content. You many not make any changes to the Final Product Content when reproducing them in any way.
All reproductions of the Final Product Content must contain the identifying marks, trademarks, or artist signatures that are present in the original Final Product Content that was provided to you.
Lifestrummer reserves all rights in the Final Product Content, except those expressly licensed above.
10. Limited License of Company Content to You
Lifestrummer grants you a limited, revocable, non-exclusive, non-sublicenseable, non-transferable license to access the Services and to view, copy and print the portions of the Company Content available to you through the Services and the Site. Such license is subject to these Terms and specifically:
you may only view, copy and print such portions of the Company Content for your own non-commercial use;
you may not modify or otherwise make derivative works of the Company Content, or reproduce, distribute or display the Company Content, except for page caching, except as expressly permitted in these Terms;
you may not remove or modify any copyright trademark, or other proprietary notices that have been placed in the Company Content;
you may not use any data mining, robots or similar data gathering, or extraction methods; and
you may not use the Services or the Company Content other than for the intended purpose.
Except as expressly permitted above, any use of any portion of the Company Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including any limitation, copyright and trademark laws. Unless explicitly stated in these Terms, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Lifestrummer may revoke the license granted in this Section anytime.
You represent and warrant that your use of the Site, the Services and the Company Content will be consistent with the license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other party, or violate any applicable law.
11. Use of Interactive Areas and the Services
The Services may include discussion forums, bulletin boards, review services or other forums in which you and other third parties may post reviews or other content, messages, material or other items on the Site (the “Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. Any User Content submitted to an Interactive Area will be non-confidential.
You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service any of the following:
any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law;
content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
unsolicited promotions, political campaigning, advertising or solicitations;
private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
viruses, corrupted data or other harmful, disruptive or destructive files;
content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
User Content that, in the sole judgment of Lifestrummer, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the Services or the Site, or which may expose Lifestrummer, its affiliates or its users to any harm or liability of any type.
Lifestrummer has a zero-tolerance policy towards spam. You may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction, to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or the Service in violation of this Section violates these Terms and may result in termination or suspension of your rights to use the Interactive Areas and/or the Service.
12. Third Party Material
The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information, including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.
Lifestrummer makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides them or links to them only as a convenience. Lifestrummer does not endorse, adopt, sponsor or affiliate with such Third-Party Sites or Third-Party Content and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or web sites linking to this Site or Service. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
13. Advertisements and Promotions
Lifestrummer may run advertisements and promotions from third parties on the Site and while providing the Service. Your business dealings or correspondence with, or participation in promotions of third-party advertisers, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Lifestrummer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
14. DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, LIFESTRUMMER DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL LIFESTRUMMER BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES PROVIDED BY COMPANY OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF THE COMPANY OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL LIFESTRUMMER’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES. IN NO EVENT WILL LIFESTRUMMER BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, LIFESTRUMMER’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.
FOR THE PURPOSES OF THIS SECTION, LIFESTRUMMER SHALL INCLUDE THE COMPANY’S AFFILIATES AND THE COMPANY’S AND ITS AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
15. Indemnification
You agree to indemnify, defend and hold Lifestrummer and our affiliates along with their respective directors, officers, employees, agents, contractors and staff (the “Released Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of these Terms or use of the Site.
16. Applicable Law and Venue
The Services are controlled by Lifestrummer and operated by it from its offices in Toronto in the province of Ontario in Canada. You and Lifestrummer explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving Lifestrummer and arising out of or relating to (a) these Terms; (b) the Site, the Content or the Service; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content or the Service; or (d) the relationships that result from these Terms or the Site, the Content or the Service (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Lifestrummer related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Lifestrummer. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Lifestrummer and the other Released Parties for your failure to comply with any such laws.
17. Termination and Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Lifestrummer reserves the right, without notice and in its sole discretion, without any notice or liability to you, to
terminate your license to use the Services, the Company Content or any portion thereof;
block or prevent your future access to and use of all or any portion of the Services or Content, other than the Final Product Content;
change, suspend or discontinue any aspect of the Services or Content; and
impose limits on the Services or Content.
18. Inactive Accounts and Termination of Agreement
You and Lifestrummer may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Service you must pay your account balance at the time of the termination.
If you have not accessed your account in over a year, we will deactivate it and you will not be able to access it. If you would like to regain access to an inactive account, please email us at info@lifestrummer.com
When your Lifestrummer account is terminated or deactivated, your User Content will, shortly thereafter, not appear on the Service or Site, except for User Content submitted to Interactive Areas, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 7, 8, 9, 11, 13, 14, 15, 16, 17 and 18, and any representation or warranty you make in these Terms, shall survive indefinitely.
Miscellaneous
These Terms shall include any additional terms, conditions, notices, policies, guidelines or disclaimers provided by Lifestrummer, its licensors or vendors in specific areas of the Site. However, in the event of a conflict between such terms and these Terms, these Terms shall control.
If any term of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Lifestrummer.
Contact Information
Unless otherwise indicated, all correspondence with respect to these Terms and all notifications under the these Terms should be addressed to the following:
Lifestrummer
Inc.
18, Barkwin Drive,
Toronto, Ontario M9V 2W1
Tel: 1 (416) 527 3392
email: kamna@lifestrummer.com