Terms of Use

Updated: June 4th, 2015

1. Introduction

1.1 Welcome to Woozworld website (the “Website”). The Website is owned, operated and presented to users by Woozworld Inc. of Montreal, Province of Quebec, Canada, its affiliates and subsidiaries (collectively, “Woozworld“, “we“, “us” or “our”).

1.2 IF YOU HAVE NOT YET REACHED THE AGE OF MAJORITY, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN (COLLECTIVELY, THE “PARENT”) REVIEW THESE TERMS OF USE (THE “AGREEMENT”) WITH YOU AND REGISTER FOR YOU.

1.3 If you are a Parent of a child under the age of majority, the terms “you” and “your” as used herein refer, as applicable, to you and your child, or the child under your legal authority.

1.4 It is very important that you review this Agreement so that you know what you can and cannot do on the Website, since your use of the Website is subject to the respect of this Agreement which is legally binding and contains important information about the use of the Website.

1.5 YOUR OWN USE OF THIS WEBSITE AS A PARENT OF A MINOR CHILD, OR THE USE BY YOUR MINOR CHILD OR THE CHILD UNDER YOUR LEGAL AUTHORITY, WILL BE DEEMED ACCEPTANCE OF THIS AGREEMENT BY YOU ON YOUR OWN BEHALF, AND ON BEHALF OF YOUR MINOR CHILD OR THE CHILD UNDER YOUR LEGAL AUTHORITY, AND WILL CONSTITUTE YOUR LEGAL AGREEMENT TO BE BOUND AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERM OF THIS AGREEMENT, PLEASE DISCONTINUE IMMEDIATELY YOUR ACCESS TO AND USE OF THIS WEBSITE.

1.6 PARENTS ARE ADVISED TO EXERCISE SUPERVISION OVER THEIR CHILDREN’S ON-LINE ACTIVITIES.

1.7 We reserve the right, at our sole discretion, to change the terms herein at any time. In such a case, we will publish a revised version of this Agreement on the Website and if we make a material amendment to it, we will notify you by posting a notice of such amendment. An amendment will be effective as of the date of its posting. You are responsible for regular review of this Agreement and your use of the Website following any such change means you accept and will abide by the changes.

2. User Information, Privacy and Security Measures

2.1 When using the Website, you may be asked to provide some personal information to us (“User Information“). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy and in any other rules, guidelines or regulations provided on the Website in connection with a particular service or feature, which are hereby incorporated to form part of this Agreement. Woozworld complies with the U.S. Children’s Online Privacy Protection Act (COPPA) and the guidelines of the Children’s Advertising Review Unit (CARU) of the Council of Better Business Bureau, Inc. Being COPPA compliant, Woozworld is certified under the PRIVO-Cert® – PRIVO’s Privacy Assurance Certification.

2.2 You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information, and you agree to update it. By using the Website, you specifically acknowledge and consent to the collection, processing, transfer and use of your personal data as indicated in this Agreement and our Privacy Policy.

2.3 We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the collected personal information. We have in place careful internal procedures to safeguard such information in our computer system and we use Secure Sockets Layer technology to protect highly sensitive information, such as credit card data during transmission. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to Woozworld. We agree to provide our best effort to ensure the security and confidentiality of the collected personal information.

3. Limited Right to Use

3.1 You are permitted by Woozworld to access and use the Website subject to your continued compliance with the terms of this Agreement and of the Privacy Policy and the Code of ConductUSE OF THE WEBSITE BY A USER CONSTITUTES HIS ACCEPTANCE OF THIS AGREEMENT AND OF WOOZWORLD’S PRIVACY POLICY AND CODE OF CONDUCT.

3.2 Woozworld agrees to grant you, and you agree to be granted, a limited, non-exclusive, non-transferable, revocable and single license to use and display the Content (as defined below), for your personal and non-commercial use only, subject to this Agreement. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You agree to use the Website in compliance with all applicable laws and regulations, which may apply to your use of and access to the Website.

3.3 Except as expressly permitted in this Agreement or in the Website, you may not modify, copy, distribute, communicate, broadcast, display, perform, reproduce, publish, license, create derivative works from, create hyperlinks to, deep link, frame, transfer, sell, or in any way otherwise use or exploit the Website or any Content, information or services available on the Website. You may not circumvent, reverse engineer, decrypt, decompile or disassemble or otherwise alter or interfere with the Website or its services, or any Content or software thereof, including any proprietary communications protocol used by the Website or any of its software, or make any unauthorized use thereof, or attempt to do any of the said actions, or encourage or support anyone else’s attempt. You may not use the Website or the services or features made available on the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services or features, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests. You may not attempt to obtain unauthorized access to Woozworld’s computer systems or database records. You may not engage in any activity that interferes with another user’s access, use or enjoyment of this Website. Unauthorized or inappropriate use of or access to the Website, including but not limited to unauthorized entry into Woozworld’s computer systems, misuse of passwords or misuse of any information obtained through our Website is strictly prohibited.

3.4 Each unauthorized use of the Content may constitute a violation of copyright, trademarks and more generally intellectual property laws, rights of privacy and publicity of third parties, telecommunication laws and regulations and may engage your personal liability on civil or criminal basis. Any use of the Website or Content, in whole or in part, for any other purpose then those permitted herein is strictly prohibited and may: (i) result in us exercising our right to terminate your account without notice to you under this Agreement; and/or (ii) subject you to civil and/or criminal liability.

3.5 WOOZWORLD EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR UNAUTHORIZED USE OF THE WEBSITE OR THE CONTENT.

4. Intellectual Property

4.1 This Website contains information, materials and other items relating to Woozworld and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content“). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered Trademarks (as defined below), illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later developed.

4.2 All Content is copyrighted and protected by national laws and international treaties on copy right and intellectual property, and is either owned exclusively by Woozworld or its business partners, licensors, and licensees, and other third parties. All of Woozworld’s intellectual property rights and those of persons providing Content to the Website are FULLY RESERVED. The limited right of use provided herein does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this Agreement may be construed as conferring to you, by implication, estoppels, or otherwise, any license or right to any Content under any copyright or any other intellectual property right. When using this Website, you must respect the intellectual property rights of Woozworld and third parties. Woozworld respects the intellectual property rights of others so if you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the Section 16 herein entitled Procedure for Alleging Copyright Infringement.

5. Trademarks

All trademarks, logos, service marks and trade names displayed on this Website (collectively, the “Trademarks“) are registered or unregistered Trademarks of Woozworld and/or its licensor, and may not be used unless authorized in writing by the Trademark’s owner. ALL RIGHTS RESERVED. Nothing contained in this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, reproduce or download any Trademark without the express written permission of Woozworld or the third party holder of the rights.

6. Your Submissions

6.1 In your communications with Woozworld, please keep in mind that, unless Woozworld specifically requests them, Woozworld does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way, and Woozworld does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters (except when Woozworld expressly ask you to participate to a poll). Therefore, please do not send to Woozworld any unsolicited materials, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.

6.2 In any event, any such submissions, including without limitation, text, messages, stories, photographs, drawings, videos, musical compositions (including lyrics), sound recordings, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted by you to Woozworld by fax, mail, e-mail or otherwise, or transmitted, posted, uploaded, embed, displayed, communicated or otherwise distribute by you to the Website (collectively, “Your Submissions“), will be treated as non-confidential (except as otherwise described in our Privacy Policy), and non-proprietary, and Woozworld will not assume any responsibility, obligation, or liability for them or for Woozworld’s receipt or non-receipt of them. Woozworld may delete or destroy Your Submissions at any time. Woozworld’s receipt of Your Submissions is not an admission by Woozworld of their novelty, priority, or originality, and it does not impair Woozworld’s right to contest existing or future intellectual property rights relating to Your Submissions.

6.3 By submitting or sending Your Submissions to Woozworld, you grant to Woozworld a non-exclusive, royalty-free, worldwide, perpetual, unrestricted, unconditional, irrevocable, and fully transferable, assignable and sub-licensable right and license to host, use, disclose, edit, remove, copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, broadcast, sell, sub-license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions in any and all way known or later developed. You also grant other authorized users of the Website a non-exclusive license to access, reproduce and display Your Submissions through the Website. If required, you consent that Woozworld identifies you as the contributor of Your Submissions. When sending us Your Submissions, you represent and warrant that: (i) Your Submissions is original to you, that no other party has any rights thereto, and that any “moral rights” in Your Submissions have been waived; (ii) you have the right and authorization to give the foregoing grant and warranties without the consent of any third party; and (ii) Your Submissions are accurate and, as permitted to be used by Woozworld in this Agreement, do not and will not infringe any right of any third party.

6.4 Woozworld has no obligation to monitor or enforce your intellectual property rights to Your Submissions but has the right to protect and enforce its and its licensees’ licensed rights to Your Submissions, including, without limitation, by bringing and controlling actions in your name and on your behalf, at Woozworld’s cost and expense, to which you hereby consent and irrevocably appoint Woozworld as your attorney-in-fact, with the power of substitution and delegation.

7. Online Shopping

7.1 This Website allows making online purchases, including, without limitation, for the subscription of services, such as memberships, or for the purchase of virtual goods or products. If we do make available online stores on this Website, such online stores may provide more information on the purchasing policies. By ordering online from the Website, you agree that you are responsible for paying all applicable sales, export, use, and other similar taxes.

7.2 Minors: You must have reached the age of majority to make any such purchases or have your Parent’s permission. By ordering online from the Website, you represent that you have reached the age of majority. If a minor orders online from the Website without his Parent’s permission, then the Parent may cancel the purchase for a refund according to the posted returns and exchanges policy that relate to that order. The cancellation will only be possible within delays as established by Woozworld and cancellation fees may apply. If you are a minor and you purchase without your Parent’s permission, Woozworld has the right to cancel, close and delete your membership and account as well as revoke any further access to the Website without any liability.

7.3 COPPA: For privacy reasons, SMS payments require the Parent’s verifiable prior consent before collecting personally identifiable information from a child under 13. For the time being, the SMS method of payment is not offered to users under 13 of age in the USA. Please refer to Section 3: Collection and Use of Information in the Privacy Policy for more information.

7.4 Virtual Currencies and Goods: You agree that virtual currencies and goods can only be used in connection with the Website and only in the virtual worlds where you obtained them and except for the right to use such items in the virtual worlds, you have no other right or title in or to any such items and we may control, modify, discontinue manage or otherwise regulate these items from time to time. You agree that these items cannot be traded outside of the Website for money or other items for value.

7.5 Cancellation Policy: When you cancel a monthly subscription to the Website, your access to the Website is deactivated from the anniversary day of your first subscription, i.e. if you subscribed to the Website on October 17th and want to unsubscribe on April 20th, your access will be deactivated on May 17th. If you would like to terminate a 3-months, six-months or yearly subscription, please contact us at: customerservice@woozworld.com. Cancellation fees may apply.

7.6 Refund Policy: Refunds may occasionally be offered at the sole discretion of Woozworld. Since monthly subscription fees are paid in advance, Woozworld cannot reimburse partial month already paid when a user decides to cancel his subscription within such month.

8. Conduct for Community Areas, Chat Services and WoozIn

8.1 The Website is designed for kids. It provides a secure chat using CommunitySift™ technology which doesn’t allow messages to contain other words or expressions than those pre-approved from a moderated dictionary. For security reasons, use of numbers is also limited to prevent personal information transmission. Woozworld is entitled to inspect writings, pictures, and other user-generated content and remove, without notice, any content that might breach this Agreement, the Code of Conduct or the Privacy Policy.

8.2 Even though Woozworld applies its best effort to provide a secure Website, Woozworld cannot be held responsible for exchange of personally identifiable information or inappropriate behavior from the users. Except as specifically set forth herein, Woozworld will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website. However, Woozworld reserves the right to do so at its sole discretion in connection with any service or feature. Woozworld does not endorse, warrant the accuracy or reliability, or assume any liability in connection with any such information or content provided by users or other third parties. Woozworld has the right to provide any information created or posted on this Website to local authorities as well as INTERPOL if we suspect a crime is about to happen or has been committed.

8.3 In addition to any other rules, guidelines or regulations that we may post in the Website in connection with a particular service or feature, as for example, guidelines for children entitled the Code of Conduct in the Website, YOU AGREE NOT TO:

  • 8.3.1 upload, post, transmit or otherwise make available in any way whatsoever: (i) any content or language which violate in any way upon the rights of others, are invasive of privacy or publicity rights, are fraudulent, unlawful, defamatory, obscene, pornographic, sexually explicit, vulgar, offensive, profane, threatening, abusive, illegal, rude, harassing, lascivious, filthy, violent or otherwise objectionable or improper, or which encourage conduct that would violate any law or government regulation or give rise to civil or criminal liability under any law; (ii) any file or document that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment; and (iii) any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Website that we may expressly designate for such purposes;
  • 8.3.2 monitor, gather, obtain, use, access or copy Content or information on this Website by using any robot, spider, crawler, spyware, engine, device, software, cheat engine, extraction tool, or any other automatic device, utility, or manual process of any kind, or any other automatic means of accessing, logging-in to or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any of the Website services;
  • 8.3.3 engage in or run raffles, lotteries, contests (except when organized by Woozworld), sweepstakes, or chain letters or other pyramid schemes;
  • 8.3.4 disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Website, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers or credits;
  • 8.3.5 impersonate any person or entity, whether actual or fictitious, including, without limitation, a Woozworld official, employee or representative, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using logos, names, trademarks, service marks, meta tags, addresses, symbols, or other identifiers that you do not have the legal right to use;
  • 8.3.6 modify, obscure, or eliminate the Woozworld frame set, banner advertising, or any other content or information that originates from Woozworld;
  • 8.3.7 attempt to harm minors or other users in any way;
  • 8.3.8 promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals or persons, which include, without limitation, providing instructions on how to assemble bombs and any other weapons or dangerous goods;
  • 8.3.9 collect or harvest usernames, collect or store personal data about other users, or solicit or attempt to discover a user’s password, username, or other registration information without the user’s express knowledge and consent;
  • 8.3.10 interfere with or disrupt the Website or any services or features thereon, or servers or networks connected to the Website, or violate any requirements, policies, regulations, standards or procedures of networks connected to the Website;
  • 8.3.11 disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • 8.3.12 provide links to websites, networks, content, or resources that themselves violate this Agreement, or promote the violation of this Agreement or make available tools or information whose primary use constitutes a violation of this Agreement;
  • 8.3.13 use your web pages or other personal features or areas of the Website as storage for remote loading or as a door or signpost to another web page, whether inside or outside a the Website; and
  • 8.3.14 interfere with the operation or design of any elements that Woozworld may add to users’ pages or other personal features or areas of the Website, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.

8.4 Woozworld reserves the right, at its sole discretion, to adopt and post additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Woozworld also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on this Website that violate this Agreement and to deny access by any user to this Website.

8.5 You may be able to create an account on our Website with an email and password. As for your Woozen, or avatar, YOU SHOULD CHOOSE A USERNAME THAT DOES NOT DISCLOSE YOUR PERSONAL IDENTITY. You are responsible for maintaining the strict confidentiality of your account password, and you shall not share your password with anyone else, except a Parent, nor allow others to use your username, password or other account information. Sharing your password may lead to disappearance of items or virtual currency from your account and Woozworld will not replace them. Woozworld cannot be held responsible for any loss in your account. Also, asking for other users’ password will lead to account termination without any warnings. Your Website account is neither inheritable nor transferable. If you allow another person to use your account you are responsible for all acts of this person in relation to the Website and to the Agreement.

8.6 It is important to remember that information and content submitted to a forum, such as a chat service, may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet. If you elect to participate in a chat service that enables you to correspond with other participants of such chat service, information and other materials that you provide, such as your username, may be shared with those participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Website or through these chat services. Because of the anonymity provided by usernames, it is important to be careful and selective about the information you disclose on yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to our public forums and other community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE.

8.7 While using the chat services or other community features, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content.

8.8 We encourage you to report to us at customerservice@woozworld.com any suspected violations of this Agreement or any other additional rules posted in connection with any activity or service, in particular as they relate to misconduct, or inappropriate behavior or activity in our chat services and other community features. For more information on how to report people please contact customerservice@woozworld.com.

8.9 If you view or participate in moderated message board(s) and receive content from the message board moderators, Woozworld: (i) will not assume any obligation to review or control any content posted on the message board(s), or WoozIn, or in chat room(s) or content from message board or chat room moderators; (ii) either expressly or implicitly, will not warrant or make any assurance about the accuracy, source, quality, or integrity of such content; and (iii) to the full extent permitted by law, will not be liable, and disclaims all liability, in connection with any harm, losses, and damages of any amount or type arising from your access to, or use of, such content.

9. Law Enforcement

Woozworld reserves the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of its Website security or its information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on this Website; (iii) involve and cooperate with law enforcement authorities in investigating any such matters; (iv) prosecute violators of this Agreement to the full extent permitted by laws; and (v) delete or modify any content on the Website, including any materials or items you may have acquired through your use of this Website.

10. Disclaimers of Warranties

10.1 TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES THEREON ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THIS WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE WEBSITE OR THE SERVERS THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULL COMPONENTS; (D) YOUR USE OF THE WEBSITE OR SERVICES WILL ACHIEVE ANY PARTICULAR RESULT; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS.

10.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WOOZWORLD OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY.

10.3 THE DISCLAIMERS OF WARRANTIES CONTAINED IN THIS SECTION ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU.

10.4 IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS SECTION, PLEASE QUIT THIS WEBSITE IMMEDIATELY AND DO NOT USE THE WEBSITE.

11. Limitation of Liability

11.1 EXCEPT AS SET FORTH BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL WOOZWORLD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISE OUT OF OR IN CONNECTION WITH: (A) THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES THEREON; (B) ANY INFORMATION , SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT ON THE WEBSITE OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY WOOZWORLD); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY RESOURCES OR MATERIALS. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL WOOZWORLD BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR SUBMISSIONS).

11.2 YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK AND UNDER YOUR EXCLUSIVE RESPONSIBILITY. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM THE USE OF THE WEBSITE.

11.3 IN NO EVENT SHALL WOOZWORLD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WOOZWORLD FOR YOUR USE OF THE WEBSITES OR FOR ANY OF YOUR ACTIVITIES ON THE WEBSITE.

11.4 THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU.

11.5 IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS SECTION, PLEASE QUIT THIS WEBSITE IMMEDIATELY AND DO NOT USE THE WEBSITE.

12. Indemnification

You hereby agree to indemnify, defend, and hold Woozworld and its officers, directors, owners, employees, consultants, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim, lawsuit or proceeding related to or arising out of: (i) any breach by you of this Agreement; (ii) any use or alleged use of the Website under your password or other unique identifier, whether or not authorized by you; (iii) your use of the Website; or (iv) your violation of any law or the rights of any Indemnified Party or any third party. You shall use your best efforts to cooperate with Woozworld in the defense of any claim. Woozworld reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You may not approve or disapprove the settlement or disposition of any such claim, lawsuit or proceeding without the prior written consent of Woozworld, which consent will not be unreasonable withheld or delayed.

13. Hyperlinks to this Website

You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (i) the links lead only to the Website’s home page or to a WoozIn profile page; (ii) the links only incorporate text, and do not use any Trademark graphics; (iii) the links and related content on your site do not suggest any affiliation with Woozworld or cause confusion among consumers; (iv) the links and related content on your site do not portray Woozworld or its products or services in a false, misleading, derogatory, or otherwise offensive matter; and (v) the links and related content on your site are not operated for any commercial purposes.

14. Hyperlinks to Other Sites

As a convenience for users, the Website may contain links to Internet sites maintained by third parties (“Linked Sites”) including, without limitation, sites operated by Woozworld’s advertisers, licensors, licensees, and promotional and business partners. Woozworld verifies those sites for inappropriate content but does not assume any obligation towards content, advertising, information, materials, products, services or other items on or available through the Linked Sites. You acknowledge and agree that Woozworld do not operate or control in any respect, or necessarily endorse, the content, advertising, information, materials, products, services or other items on or available through the Linked Sites. When you link to a Linked Site, you become subject to their terms of use and privacy policy rather than to ours. You assume sole and complete responsibility for your use of Linked Sites, and any reliance on the content of a Linked Site is at your own risk. WOOZWORLD DISCLAIMS ALL LIABILITY EXPRESS OR IMPLIED IN CONNECTION THEREWITH.

15. Banners, Advertisements and Promotions

Woozworld reserves the right to post banners, advertisements, promotions and any other advertising or promotional content throughout the Website. Any interactions, correspondence and business dealings that you have with any advertisers and other third parties found on or through this Website, or the Linked Sites, are solely between you and the third party, including without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like. WOOZWORLD DISCLAIMS ALL LIABILITY EXPRESS OR IMPLIED IN CONNECTION THEREWITH.

16. Procedure for Alleging Copyright Infringement

strongb>16.1 Woozworld will respond appropriately to notices of alleged copyright infringement. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following: (i) a legend or subject line that says: “Copyright Infringement Notice”; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your name, address, telephone number, and e-mail address; (v) a declaration under oath that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (vi) a declaration under oath, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed; (vii) the evidence of your copyright; and (viii) your electronic or physical signature.

16.2 Woozworld will only receive notices by mail, e-mail, or facsimile at the addresses below:

By Mail:
Woozworld Inc.
Attention: Legal & Business Affairs
25 Mozart East, 3rd floor
Montreal, Québec H2S 1B1
Canada

By E-Mail: legalservices@woozworld.com
By Fax: + 1 (514) 281-5557

16.3 Woozworld will not respond to notices that do not comply with all of the foregoing requirements but may decide to remove some of the elements that are reported even through notifications do not comply. If you have additional questions, please call Woozworld at the following telephone number: +1 (514) 281-8999.

17. Termination

17.1 This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from this Website and all related documentation, and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Woozworld if in Woozworld’s sole discretion you fail to comply with any term or provision of this Agreement or the Code of Conduct. Upon termination, you must cease use of the Website and destroy all materials obtained from this Website and all related documentation, and all copies and installations thereof, whether made under the terms of this Agreement or otherwise.

17.2 Woozworld reserves the right, without any limitation whatsoever, to discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

18. General

18.1 Operation of Website – Woozworld controls and operates this Website from its headquarters in Montreal, Province of Quebec in Canada. If you use this Website from other locations, you are responsible for compliance with applicable local laws.

18.2 Severability – If any provision of this Agreement is deemed unlawful, void, or unenforceable for any reason, that provision will be deemed severable from the remainder of this Agreement and will not affect the validity or enforceability of the remainder of this Agreement.

18.3 Waiver – Woozworld’s failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. No waiver can bind the parties unless made in writing and signed by them.

18.4 Communication and Notices – When you send an e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Website or otherwise, satisfy any legal requirement that such communications be in writing.

18.5 Survival – The provisions of Sections 6, 9, 10, 11, 12 and 16 will survive any termination of this Agreement and closure of your account(s).

18.6 Applicable Laws and Jurisdiction – This Agreement will be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. You expressly consent that any claim or cause of action that you may have with respect to this Website, the Content, this Agreement or our Privacy Policy must be commenced within one (1) year after the claim or cause of action arises or it will be forever barred. You also consent that any action or proceeding with respect to all matters relating to your access or use of this Website or the Content will be under the exclusive jurisdiction of the courts of the Montreal district, Province of Quebec, Canada. Notwithstanding the foregoing, Woozworld shall have the right to bring action against users of the Websites in courts of competent jurisdiction in the jurisdiction in which such user reside or are located: (i) to seek injunctive relief against such user; (ii) to obtain a judgment against such user where a judgment by a Québec court will, or may, not be enforced by the jurisdiction in which such user resides or is located; or (iii) to enforce a judgment obtained against such user in a Québec court.

18.7 Language – The parties hereto confirm that they have agreed that this Agreement be drafted in English. Les Parties aux présentes confirment qu’elles ont accepté que la présente convention soit rédigée en anglais. In case of any difference between the text of the English version and any other language version of the Agreement, it is agreed that the text of the English version shall prevail.

18.8 Entire Agreement and Commitment – This Agreement comprises the entire agreement between you and Woozworld and supersedes all prior agreements, representations and statements between you and Woozworld regarding the subject matter of this Agreement. BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM AND BY THE PROVISIONS OF OUR PRIVACY POLICY.