1. Introduction

The following sets forth the terms and conditions of use (the “Terms of Use”) for our website: www.liparidesign.ca (the “Site”) made available by Vanessa Lipari Design Inc. (“Lipari Design”, “we”, “us”, or “our”).

The purpose of the Site is to provide information, products, and services related to our mission, approach, and initiatives.

The content of the Site includes, without limitation, all information, data, products, materials, services, software applications and tools, design elements, texts, images, photographs, illustrations, audio and video content, artwork, and graphics contained therein or otherwise made available to you (collectively the “Content”) and, unless the context requires otherwise, or we explicitly mention it in writing, the term “Site” includes all Content.

These Terms of Use constitute a legally binding agreement between you and Lipari Design regarding your use of and access to the Site.

These Terms of Use do not modify in any way the terms and conditions of any other agreement you may have with Lipari Design, unless otherwise agreed in writing by Lipari Design. If you violate any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any content in your possession and cease all use of the Site.

2. Provision of the Site by Lipari Design

You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at our discretion, without prior notice. You may stop using the Site at any time. You do not need to inform Lipari Design when you stop using the Site or any of its features.

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Site, your account details, or any files or other content contained in your account.

3. Use of the Site by You

Your use of the Site is subject to all applicable local, provincial, state, and federal laws and regulations. You may not use, authorize, or permit others to use the Site, or knowingly condone the use of the Site by others, in any manner that could or is likely to:

• be obscene, fraudulent, defamatory, libelous, indecent, rude, racist or ethnically offensive, harassing, threatening, abusive, pornographic, or discriminatory;

• adversely affect us or have a negative impact on us, the Site, our goodwill, name, or reputation, or cause duress, distress, or discomfort to us or any other person, or discourage any person, firm, or enterprise from using all or part of the features or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;

• send or result in the transmission of junk mail, chain letters, duplicate or unsolicited messages, or so-called “spamming” and “phishing”;

• transmit, distribute, or upload content or programs containing viruses, Trojan horses, worms, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

• modify, disrupt, harm, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;

• advocate or encourage any illegal activity;

• infringe or misappropriate the copyright, patent, trademark, trade secret, publicity rights, or other intellectual property rights or proprietary rights of Lipari Design or third parties;

• violate the privacy of any person, including users of the Site; or

• violate applicable local, provincial, state, or national laws or regulations (anywhere in the world).

In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you provide to us will always be accurate, correct, and up to date.

Unless you have been specifically permitted to do so by Lipari Design in a separate written agreement, you agree not to reproduce, duplicate, copy, sell, trade, or resell the Content or any of Lipari Design’s products and services for any purpose.

You agree that you are solely responsible for (and that Lipari Design has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Lipari Design may suffer) of any such breach.

4. Participation in News, Events, Submissions, and Comments

The Site encourages submissions to almost all aspects of our Site. As a site focused on user-generated content directly related to your community, you are invited to post events, news, photos, comments, classified ads, or businesses (“User Content”). You acknowledge and agree that if you submit User Content to the Site, you will be solely responsible for such User Content. Lipari Design will in no way be responsible for any such submitted User Content. You further agree not to:

• submit User Content that is harassing, abusive, threatening, harmful, libelous, or defamatory, that encourages conduct that could constitute a criminal offense or give rise to civil liability, or is otherwise illegal;

• submit User Content protected by intellectual property laws or privacy rights, unless you own the rights to it or have received all necessary consents. You will be solely responsible for any damage resulting from any infringement of copyright, trademark, or other proprietary rights;

• submit User Content containing a virus or other harmful components;

• engage in activity that interferes with or disrupts the use of the Site by other users;

• submit User Content that encourages illegal activities, or provides advice or training activities on such illegal activities;

• make any false representation, including impersonating any person or entity or misrepresenting your affiliation with any person or entity; or

• use any User Content for commercial purposes, such as advertising products or services, reselling, or publishing posted or transmitted information.

When you submit ANY User Content in ANY form to the Site, whether via messaging services, events, news, or comments, you are solely responsible for the content of any comments you make. You agree that no comment you submit to the Site will:

• violate the rights of any individual, group, community, or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;

• be defamatory or contain defamatory or otherwise illegal, libelous, abusive, or obscene material, or constitute the misappropriation of trade secrets of a third party;

• disparage the products or services of any third party; or

• contain personal information (other than your username).

Lipari Design does not screen, monitor, or edit User Content posted or submitted to the Site. However, Lipari Design reserves the right to modify, limit, or delete such User Content at its sole discretion. Nevertheless, you remain solely responsible for any User Content you submit or post.

When participating in User Content publicly posted on the Site, you may be exposed to inaccurate, incomplete, or inappropriate User Content. The nature of the Site is to allow opinions and ideas without infringing on the rights of others. Please inform Lipari Design (using the contact details at the bottom of this document) of any illegal or inappropriate User Content, and Lipari Design will take appropriate action. Lipari Design will ensure that any offensive comments are removed and will take appropriate action against the offender. Lipari Design will not be responsible for User Content or the accuracy of information and will not be liable for acts or decisions made based on such information.

Lipari Design may establish procedures and practices regarding the use of and participation in the Site. These procedures and practices may include limitations on the number of entries and file sizes that can be submitted, limitations on the number and type of User Content submitted at any one time, and the number of days content will be stored before deletion. Lipari Design will not be responsible for any User Content deleted by Lipari Design or otherwise, or for your inability to submit any User Content.

5. Acceptance of Terms of Use and Additional Terms

By accessing and using the Site in any way, you acknowledge that you have read these Terms of Use and all terms and conditions contained herein. Before continuing to use the Site, please review these Terms of Use and contact us if you have any questions.

Lipari Design reserves the right to modify, amend, and supplement these Terms of Use from time to time as it sees fit, with additional terms and conditions governing certain information, content, products, and services made available to you via the Site (“Additional Terms”). By accessing and using the Site, you agree to comply with and be bound by these Additional Terms. Please review these Terms of Use from time to time to ensure you are aware of and understand all Terms of Use and Additional Terms.

Additional Terms are hereby incorporated by reference into the Terms of Use and form an integral part of a legally binding agreement between you and us. In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall prevail. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, upon termination of any product, service, or feature, you will still be bound by your obligations under these Terms of Use and any Additional Terms.

6. Click-Through Agreements

Before using certain sections of the Site, you may be asked to confirm your agreement with specific special terms by clicking on an icon marked “OK” or “I Agree.” Any special terms you agree to will supplement and modify these Terms of Use.

7. Links to Third-Party Sites

The use of certain links on the Site will direct you away from the Site to websites owned by third parties. These third-party websites are not under the control of Lipari Design, and Lipari Design is not responsible for the content of any such website or any link contained in such website. Third-party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Lipari Design of such website or the products or services offered therein.

8. Confidentiality and Personal Information

We are authorized to use your email address to verify your identity, protect you against fraud, and contact you. Additionally, we may use it to send you updates related to your user account, new products and services, and Site updates. Your personal information will not be disclosed to any third party. The Site’s membership list will not be purchased, sold, loaned, misappropriated, reused, given, or provided outside of Lipari Design for any reason whatsoever. Any information you may receive from a third party via the Site will be facilitated and sent through Lipari Design, and not through the third party.

Personal information submitted by Site users may be used for the purpose of maintaining the integrity of the Site and its content, contacting our users if necessary, and improving the quality of service provided by the Site. Lipari Design’s servers also collect information specific to how you use the internet. Lipari Design’s servers note details such as the server to which you are connected and your IP address. This information is obtained solely for the purpose of maintaining Site integrity and improving our service. We may also ask you for more personal information from time to time as part of a survey. This information is specifically used to ensure that the Site is up to date and relevant, and that the products and services provided to you in advertising form are relevant and of interest to you. Any information used as demographic data will not reveal the source and will be kept secure. This additional information you provide is on a voluntary basis.

Lipari Design will use a data measurement service to track the performance of an advertisement on behalf of the advertiser. The information collected will not contain personal elements and will be shared only with that advertiser.

Lipari Design reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site; or to protect our business and our Members. While we strive to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

Questions or requests regarding your personal information can be sent by email to: info@liparidesign.ca.

9. Obligation and Intellectual Property

The Site, along with all trademarks and other intellectual property displayed, distributed, or otherwise made available through the Site, are the exclusive property of Lipari Design and its successors, assigns, licensors, and/or suppliers. Unless you have otherwise agreed in writing with Lipari Design, nothing in these Terms of Use gives you the right to use the Content, Lipari Design’s trademarks, or any other Lipari Design intellectual property. You may not assign or transfer any of the Content and you may not grant a license to use or access the Site to any party.

You may use the Site and the Content solely for your personal, non-commercial, and limited use, and for no other purpose.

No information or statement contained in these Terms of Use or on the Site shall be construed as conferring, directly or implicitly, by estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of Lipari Design or any third party. You must not modify, remove, or obscure any copyright or other notices contained on the Site, including notices on any Content you are authorized to download, transmit, display, print, or reproduce from the Site.

You may not authorize any third party (whether for your benefit or not) to reproduce, modify, create derivative works of the Content, display, perform, publish, distribute, broadcast, or circulate to a third party (including, without limitation, on or through a third-party website), or otherwise use any Content without the express prior written consent of Lipari Design or its owner if Lipari Design is not the owner.

Any unauthorized or prohibited use of any Content may expose you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state, and local laws.

You may not create a link to the Site without prior authorization from Lipari Design. However, we may, upon request, grant a limited, non-exclusive right to link to the Site provided that such link leads to the Site’s entry page and does not represent Lipari Design or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.

The limited rights granted to you under these Terms of Use may be revoked by Lipari Design at any time for any reason.

Links to third-party websites on the Site are provided solely for your convenience. If you use these links, you will leave the Site. Lipari Design does not control and is not responsible for these third-party websites, their content, or their policies, including, without limitation, privacy policies or lack thereof. Lipari Design does not endorse or make any representations regarding these third-party websites or any information, software, products, and services found there, or any results that may be obtained by using such software, products, and services. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Lipari Design shall not be responsible, 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 such third-party websites.

10. Intellectual Property Infringement

We take intellectual property rights, ours and those of others, very seriously.

If you are an intellectual property owner (or the authorized agent of the owner) and believe that any of the Content or the Site infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of intellectual property infringement to: info@liparidesign.ca

In your written notification, please provide the following information:

• Identification of the intellectual property alleged to have been infringed;

• Identification of the Content that you believe infringes your intellectual property;

• Sufficient information to allow us to contact you, such as an address, telephone number, and, if applicable, an email address at which you can be contacted;

• A statement that you believe that use of the Content in the manner complained of is not authorized by the owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   

11. Third-Party Information

Any third-party content, data, or publications made available on the Site are provided “as is” by Lipari Design for your convenience and information. The opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the site, are those of the respective author(s) or publisher(s) and not of Lipari Design. LIPARI DESIGN MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, TO THE EFFECT THAT THE INFORMATION IN THESE PUBLICATIONS IS ACCURATE OR COMPLETE.

12. No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, LIPARI DESIGN AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (a) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIPARI DESIGN OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIPARI DESIGN SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIPARI DESIGN AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(a) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, INCREASED COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES; AND

(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE RESULTING FROM: (i) THE RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE; (ii) ANY CHANGES WHICH LIPARI DESIGN MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE; (iv) YOUR FAILURE TO PROVIDE LIPARI DESIGN WITH ACCURATE ACCOUNT INFORMATION; (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON LIPARI DESIGN’S LIABILITY TO YOU MENTIONED IN THIS SECTION SHALL APPLY WHETHER OR NOT LIPARI DESIGN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Termination

We may terminate your use of the Site and/or access to the Content, features, characteristics, products, and services made available in connection therewith, at any time and for any reason, with or without cause, without notice and without any liability or other obligation of any kind to you or any other party.

If you wish to terminate your account with Lipari Design, you may do so by closing your account in the manner indicated by Lipari Design.

Lipari Design may at any time terminate your use of the Site if: (a) you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms of Use); (b) Lipari Design is required to do so by law (for example, where the provision of the Site is or becomes illegal); (c) the partner with whom Lipari Design offered the services to you has terminated its relationship with Lipari Design or ceased to offer the services to you; (d) Lipari Design is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the service; or (e) the provision of the Site by Lipari Design is, in Lipari Design’s opinion, no longer commercially viable.

When these Terms of Use come to an end, all of the legal rights, obligations, and liabilities that you and Lipari Design have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

15. Indemnification

You agree to indemnify, defend, and hold harmless Lipari Design and its successors and assigns, as well as any of their officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from and against any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.

We reserve the right to assume, at our own expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement, or compromise negotiations, upon our request.

16. General

These Terms of Use, together with any Additional Terms, constitute the entire agreement between you and Lipari Design regarding your use and our provision of the Site.

You agree that Lipari Design may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

You agree that if Lipari Design does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Lipari Design has the benefit of under any applicable law), this will not be taken to be a formal waiver of Lipari Design’s rights and that those rights or remedies will still be available to Lipari Design.

If any provision of the Terms of Use is held to be illegal, invalid, or unenforceable, this shall not affect any other provision of the Terms of Use and the agreement between you and us shall be deemed amended to the extent necessary to make them legal, valid, and enforceable.

The laws of the Province of Quebec and the federal laws of Canada applicable therein shall govern these Terms of Use in all respects, without giving effect to conflict of laws principles.

No email addresses mentioned on the Site may be harvested or otherwise used for solicitation purposes.

17. Obtaining Consent from Lipari Design

To request consent from Lipari Design for any action for which such consent is required under the Terms of Use, please send an email to: info@liparidesign.ca. Lipari Design reserves the right to refuse such requests at its sole discretion.