Last Revised: March 2, 2017
As used in this Agreement, "you" means (and "your" refers to) the user of the Services, "we" means (and "us", "our", and "ours" refer to) LWTL Media, and "Services" means any and all services and products that are made available on or through the Website. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO ELLETOURAGE AND THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
You can view, print, download or save this Agreement at any time, under the "Terms of Service" link that appears on the Website.
Part 1 applies only to a Member and Members (as those terms are described below in this Part). As used in this Part, "you" means (and "your" refers to) a Member, or Members, as the case may be, and "we" means (and "us", "our", and "ours" refer to) LWTL Media.
Elletourage provides a new and unique opportunity for real human-to-human connection. Elletourage offers friend match ups, travel partners, blogging, and bartering with an approach that is unprecedented – all you need to do is sign up (and become a "Member"). We match women according to a questionnaire that considers location, age, interests, marital status, etc. Members can participate in online discussions or look up previous topics for advice; they can create and look through other’s "markets", searching, sharing, bartering or selling items as they choose; they can find travel partners or go with friends they’ve been matched with from the initial questionnaire; and, with all of their increased social activity, Elletourage provides each member with a calendar of scheduled meet-ups that directly syncs with their device every time a new event is added.
If you want to use the Services, you need to become a Member. To become a Member, you must sign up and create an Elletourage account using the Website. This requires you to submit certain information, including your name, email address and a password. We may offer different methods of registering an account: 1) you can register directly through our Website; or 2) you can register using a third party service that we may offer to you, from time to time, such as Facebook Connect. Your use of these third party services is subject to terms and conditions that are imposed by the third party.
We reserve the right to refuse registration of accounts, or to cancel any existing accounts, that we deem to be inappropriate, in our sole discretion. If you use the Services, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activity that occurs under your account. We are not responsible for updating your account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third party rights.
We provide you with the opportunity to connect with other Elletourage users, who become your "Friends", but you are ultimately responsible for your decision to make a Friend. We take no part in any communication you have with a Friend or any other Member, and we are not responsible for, or a party to, any agreements you may enter into with such Friends or Members.
Part 2 applies to all users of the Website. As used in this Part, "you" means (and "your" refers to) the user of the Services, "we" means (and "us", "our", and "ours" refer to) Elletourage.
If you want to use the Services, we need you to provide basic information about yourself. We also need you to let us share some of this information with other Members, so that they can have the opportunity to connect with you and become your Friend.
When you visit the Website, use the Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may revise this Agreement, at any time, by updating this posting. We may provide notice to you of such revisions by means of a general notice on the Website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
We may, from time to time, offer an online store (the "Market"), through which you may be permitted to purchase, barter, or trade products and/or services (“Products and Services”), which may be provided by you or other Members. WE ARE NOT A PARTY TO THE RELATIONSHIP BETWEEN YOU AND ANY OTHER MEMBER, AND AS SUCH, WE HAVE NO RESPONSIBILITY TO YOU AS REGARDS: (A) THE PRODUCTS AND SERVICES YOU PURCHASE OR SELL THROUGH THE MARKET, INCLUDING BUT NOT LIMITED TO ANY STATEMENTS ON THE WEBSITE WITH RESPECT TO SAME; (B) YOUR INTERACTION WITH OTHER USERS ON OR THROUGH THE MARKET; (C) ANY TRANSACTIONS YOU MAY ENTER INTO OR ATTEMPT TO ENTER INTO, ON OR THROUGH THE MARKET; (D) COLLECTING OR REMITTING ANY APPLICABLE TAXES. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. Elletourage may remove or restrict any content you have placed on the Market which is (or is reasonably believed by Elletourage to be) in violation of this Agreement. Notwithstanding that we have no duty to monitor anything which is placed on the Market, we are not liable if we remove or restrict Products and Services and other statements you have placed on the Market. Your purchase or sale of the Products and Services may be subject to the terms of service of third party payment processors. Please note that we have no responsibility for those terms or your compliance with them. You should review these terms of service before you enter into a transaction on or through the Market.
Our Content: Except for Your Content (which is discussed below), all materials displayed or otherwise accessible on the Website, including, without limitation, text, photographs, images, illustrations, graphics, icons, code (collectively, "Our Content") and the selection and arrangement of Our Content on the Website are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content. Portions of Our Content may have been licensed to us or published on the Website by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Website or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited. The display of Our Content does not imply that you have been granted a license by us or other entities with respect to it.
Your Content: You retain ownership in and to materials you submit to us, including, without limitation, text, photographs, images, illustrations, graphics and icons (collectively, "Your Content"), but you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Services and supporting our operation of Elletourage, generally. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness. You may request deletion of Your Content, but our ability to delete Your Content may be restricted if you have shared it with others.
Trademarks: Certain words, phrases, names, designs or logos on the Website may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Website does not imply that you have been granted a licence by us or others with respect to them.
If you believe in good faith that any material that is made available on the Website infringes your copyright, or if you have any other complaints about your use of the Services, please contact us at firstname.lastname@example.org. You can also contact us if another Member provides content or otherwise uses the Services in a way that you find objectionable. While we are not responsible for how others use the Services, we will make commercially reasonable efforts to make your use of the Services enjoyable.
Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of Our Content from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in the Website. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.
Any person who is found or reasonably suspected to have violated the rules of conduct provided above may be barred from using the Website, in our sole discretion, and may be subject to other legal remedies.
Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Your Content and Our Content. We will provide you access to Your Content, through your use of your account, but we are not responsible for copying, extracting or otherwise transferring Your Content to you.
Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.
Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary, including, without limitation, Your Content, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
We may make customer service features available to you, as a courtesy only. We are not obliged to provide customer service to you and our decision to do so shall not create an obligation to provide additional customer service to you.
No Endorsement or Responsibility: In addition to offering you access to Friends, the Website may include links to other websites, solely as a convenience to users. We do not endorse any such Friends, linked websites or the information, material, products or services created by or contained on other Friends or linked websites or accessible through other Friends or linked websites. We make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through other Friends and linked websites.
Linking to the Website: Please advise us to request permission to link to the Website. We reserve the right to cancel and revoke any permission we may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person.
NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO 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.
Use at Your Own Risk: Access to the Services is provided "as is" and without warranties of any kind, either express or implied. By accessing and using the Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Services. While we try to keep the Services available without interruption (including the Market), we are not responsible for ensuring the Services are available or that they will convey information to anyone, on your behalf.
Transactions and Interaction with Members: Elletourage allows you to trade and barter your Products and Services with other Members. WE ARE NOT A PARTY TO ANY RELATIONSHIPS YOU MAY HAVE WITH OTHER MEMBERS, AND AS SUCH, YOU ARE SOLELY RESPONSIBLE FOR ALL TRANSACTIONS AND ARRANGEMENTS YOU ENTER INTO, AND INTERACTION YOU HAVE, WITH OTHER MEMBERS, INCLUDING, BUT NOT LIMITED TO: (A) FITNESS OF GOODS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, PAYMENT ARRANGEMENTS, SHIPPING, REFUNDS AND COLLECTING AND REMITTING APPLICABLE TAXES, WITH RESPECT TO ANY TRANSACTIONS YOU ENTER INTO USING THE MARKET FEATURE OF ELLETOURAGE; AND (B) ANY CONDUCT OF ANY OTHER MEMBER. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. WE DO NOT CONDUCT BACKGROUND OR REGISTRY CHECKS ON OTHER MEMBERS OR VERIFY ANY STATEMENTS THEY MAKE. You agree to take whatever precaution is reasonably necessary, when you interact with other Members (through Elletourage or in person), or enter into transactions with other Members (including making payments to them). Practice safe Internet practices when you deal with other Members.
Third Party Information: We are not responsible for any materials or information on the Website or any linked website that you may find offensive, undesirable or objectionable. Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information.
Third Party use of Your Content: Be aware that information you share on your profile and with your Friends will be available to others. We are not responsible for what others do with Your Content, once you post it on your account and share it with your Friends.
Verification: We are not responsible for verifying your identity, the identity of anyone who uses your account, or the identity of any other Member.
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, OR (E) ANY DUTY AT LAW OR IN EQUITY. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 16 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: EXCEPT AS SET OUT IN THIS SECTION 16, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE WEBSITE AND THE SERVICES.
INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE AND THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 16 MAY NOT APPLY TO YOU.
FOR THE PURPOSE OF THIS SECTION 16, THE TERMS "WE", "US" AND "OUR" SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
Application of British Columbia Laws: We are physically located, and all activities with respect to the Services and the Website take place, within the Province of British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of British Columbia’s courts.
Laws Excluded: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (British Columbia), R.S.B.C. 1996, c. 236, as amended, replaced or re-enacted from time to time.
Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.
Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Unless otherwise specified, the Website and the Services are presented solely for the purpose of promoting products and services available in Canada. We make no representation that the Website, the Services, Our Content and all other materials on the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
Suspension of your Use of the Website by you: You may terminate this Agreement at any time, by cancelling your account. Your termination will be effective when we receive notice of your termination.
Suspension of your Use of the Website by us: If you breach any provision of this Agreement, you may no longer use the Website. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website or the Services, all without any notice or liability to you or any other person.
No Refunds or Rights on Termination: We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Website or any part thereof. We reserve the right to cease, suspend or interrupt operation of or access to the Website or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
Survival: The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Sections 4, 5, 7, 8, 12, 14, 15, 16, 17, 18, 21 and this Section 20.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction.
If you have any questions about this Agreement, or the Website generally, please contact us at:LWTL Media Inc.