Updated: June 4th, 2015
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”).
1.3 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.
2.3 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.
3.2 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.
4.1 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.
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.
6.1 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.
6.3 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.
7.1 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.
7.4 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: email@example.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.
8.2 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:
8.4 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 firstname.lastname@example.org 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 email@example.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.
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.
10.1 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.
11.1 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.
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.
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.
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.
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:
Attention: Legal & Business Affairs
25 Mozart East, 3rd floor
Montreal, Québec H2S 1B1
By E-Mail: firstname.lastname@example.org
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.
17.1 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.
18.1 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).
18.7 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.