Effective Date: April 13, 2011
This website (the “Website”) is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions relating to the Website, they can be sent to the attention of our Customer Service Representative at this address, or by email at firstname.lastname@example.org.
Through the Website, you may get the latest updates on the virtual playspace featured on the Website and participate in cool contests and surveys. We hope you will enjoy the Website and will visit us often. So that you may fully enjoy the Website, we would like you to be aware of the rules that will govern your use of the Website.
Links to Other Websites
While Ganz may provide links to the Website and other websites owned and/or operated by Ganz or unaffiliated third parties, these websites are not part of the Website, and each is governed by a different set of rules. In addition, to the extent such linked websites are not owned or operated by Ganz or its affiliates, these websites also have different policies with respect to the collection, use and disclosure of your personal information.
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in disclosure of your personal information.
Ownership of Intellectual Property and Restrictions on Use of Ganz Materials
Unless marked otherwise, all products, services, content, information displayed, performed or otherwise accessible through the Website, including, without limitation, eStore items, Public Materials, Member Materials, feature codes and access codes together with all digital images activated by such codes, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively, the “Ganz Materials”) are the property of Ganz, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Ganz Group”), and are protected, without limitation, by Canadian and other foreign copyright, trademark and patent laws. Without limiting the generality of the foregoing, use of the Ganz Materials on any other website or networked computer environment is prohibited.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the Website pages for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Website or the Ganz Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Ganz or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Ganz or its licensors.
If you download, access or use software from the Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Ganz keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
From time to time you may have the opportunity to participate in a contest. We will provide the rules for such contests on the Website before the contests begin. You may also win virtual prizes through playing games of skill in the Website’s Arcade, or through trivia contests. With respect to the Arcade games and trivia contests, the following minimum rules shall apply:
- We will tell you the number and type of prizes to be won;
- Your chances of winning depend on your skill; your chances of winning also depend on the number of contest participants and their skill;
- For some contests, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
- Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
- Some games have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
- We will clearly advise you of the start and stop times applicable to the contest selected;
- There may be limits on the number of times you may participate in the contest, so read the Official Rules carefully; and
- Prizes will be awarded without undue delay.
User Code of Conduct
The Website is provided by Ganz and is intended to be used in a safe and enjoyable fashion. Users of the Website must not:
- Use the Website in such a way as to offend or interfere with the use by anyone else of the Website;
- Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Website that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
- Attempt to circumvent the security systems of the Website;
- Attempt to gain access to or use the Website in a fraudulent manner, including but not limited to, through the use of cheat codes, exploits or similar means to gain or attempt to gain unearned prizes and awards, items, pets, access to the Website or information or images that have not yet been officially announced or incorporated into the Website’s functionality;
- Attempt to use the Website for purposes other than those intended by Ganz; or
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
The publication of electronic mail addresses on the Website is to facilitate communications relating to the functions of the Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, THE GANZ GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE WEBSITE OR THE GANZ MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE WEBSITE AND ANY GANZ MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THE WEBSITE. IF YOUR USE OF THE WEBSITE OR THE GANZ MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE GANZ GROUP ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ESTORE ITEMS OR ANY OF THE GANZ MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, GANZ IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE WEBSITE, ESTORE ITEMS OR ANY OF THE GANZ MATERIALS OR FUNCTIONS ON THE WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THE WEBSITE OR (II) USD$100.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ.
Jurisdictional Issues and Dispute Resolution
The Website is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions or concerns relating to the Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Ganz by email at email@example.com. Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.
Final Note to Parents
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
Last Updated: April 13, 2011