TERMS OF USE
READ BEFORE USING THE SERVICE
This document ("Terms of Use"), as amended from time to time, governs your use of any website ("Site"), and any online or mobile product or service (collectively and individually, the "Service"), on which the Terms of Use is posted, where such Site or Service is offered by Ganz, an Ontario partnership, located at One Pearce Road, Woodbridge, Ontario, L4L 3T2 Canada. If you have any questions relating to the Site or Service, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Ganz by email at ganzworldsupport@ganz.com.
All supplemental terms and rules, e.g. those regarding subscription-based services, on-line sales, rules for particular contests, social networking and other features and activities, form an integral part of the Terms of Use and are incorporated herein by this reference. If and when available, any version of the Terms of Use in a language other than English shall be provided as a convenience only and the English version shall control in all instances.
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 content and will go a long way toward ensuring that your children have enriching experiences online. We encourage you to spend time online with your children and to become familiar with the types of content available through the Service and the Internet in general. You should regularly oversee the kids' use of e-mail and other online communication and transactional features.
BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) MAY ACCESS OR USE THE SERVICE, READ THE FOLLOWING CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON BELOW OR BY YOUR CONTINUED USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE. ALL PERSONS UNDER THE AGE OF MAJORITY IN THEIR JURISDICTION ARE REQUIRED TO HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THE TERMS OF USE ON THEIR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THE TERMS OF USE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, DO NOT SET UP AN ACCOUNT, PURCHASE A SUBSCRIPTION OR OTHERWISE USE THE SERVICE. PLEASE PRINT A COPY OF THE TERMS OF USE FOR YOUR RECORDS.
Ganz reserves the right to change, modify, add or remove portions of the Terms of Use, at any time, for any reason, with or without notice to you, or to do any of the following:
Although the Site is accessible worldwide, the Service may not be available to all persons or in all geographic locations, or appropriate or available for use, outside Canada. You understand and agree that the Service is provided by Ganz and may be terminated or otherwise discontinued by Ganz at its discretion pursuant to the Terms of Use. In particular, if you stop using the Service, we reserve the right to permanently erase your Account and everything associated with your Account, in-game currency balance or privileges that may have been licensed through the payment of money. Currently, our policy is to terminate any Account that has not been active for eighteen months.
Ganz may find it necessary to update, or reset certain parameters to balance game play and usage of the Service. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or items under your control. Ganz reserves the right to make these updates and is not liable to you for these changes.
Any changes we make will be effective immediately upon notice, which we may provide by any means, including, without limitation, by electronic posting. You agree to check the Terms of Use periodically for the new provisions that govern your use of the Service. Your continued use of the Service following the posting of changes will mean that you accept and agree to them.
C. PRIVACY
Your privacy is important to us. All information provided by you or collected by us in connection with your use of the Service will be collected and used in the manner described herein and pursuant to the terms of Ganz's Privacy Policy (the "Privacy Policy"), where such Privacy Policy is incorporated and made a part of the Terms of Use by this reference.
You hereby acknowledge that Ganz has the right to obtain, without notification to you, (i) certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (ii) non-personal information from your connection to the Service for analytical purposes; (iii) information from your computer, software, and parts or portions thereof, including, without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use "hacks" and/or "cheats" to gain advantage over other users. The information obtained will only be used as outline in the Privacy Policy.
D. OTHER SITES
Through the Service, Ganz may provide links to other websites owned and/or operated by Ganz (collectively and individually, "Affiliated Site" and, in plural, "Affiliated Sites") and other independent third-party websites. Ganz is providing these links to you only as a convenience. GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICE OR AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS.
The unaffiliated third-party websites are not part of the Service, and each may be subject to separate terms and conditions, including different policies with respect to the collection, use and disclosure of your personal information. We do not have control over such third-party websites. You will need to make your own independent judgment regarding your interaction with them. Furthermore, the trademarks used in connection with such third party websites may not be trademarks of Ganz. Please be sure to review the applicable agreements and policies carefully when visiting third party websites.
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers, whether or not found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Ganz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of you locating such third party service providers and advertisers through the Service.
You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any screen name at any time and for any reason. If your screen name is eliminated, and you wish to resume your use of the Service, you will need to re-register and obtain a new screen name.
All content offered by Ganz through the Service, including but not limited to audio, video, text, graphics, images and information and all other material appearing on or emanating to and/or from the Service, as well as their overall design and appearance, (collectively and individually, "Content") is owned, controlled or licensed by or to Ganz, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws within and outside of Canada. You acknowledge that any reliance upon any review, advice, opinion, statement, or other Content, is at your sole risk. Such Content is presented for educational, entertainment and informational purposes only and is not intended to be a substitute for professional advice of any sort, including, without limitation, medical, legal, tax, investment or insurance advice.
Subject to the Terms of Use and so long as you remain compliant with the Terms of Use, Ganz grants you a personal, non-exclusive, non-assignable, non-transferable, fully revocable licence to use such Content in conjunction with the Service. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, in any way exploit such Content or distribute it in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Ganz expressly permits in the Terms of Use. For clarification purposes only, a "derivative work based on" the Content is a work substantially similar, both in ideas and expression, to the Content. Similarity of ideas in the Content and derivative works concern similarities between things such as plot, theme, mood, setting, appearance, and character traits. Similarity of expression concerns the total concept and feel of the Content and the derivative works. Thus, if a work created by you or someone other than Ganz is likely to bring to mind the Content, then it is likely that such work is a derivative work of the Content, and as such may not be used for commercial purposes.
You may use information on Ganz products and services purposely made available by Ganz for downloading for your own personal, non-commercial use, provided that you agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary right notices affixed to such Content, or block visual elements adjoining such Content. Without limiting the generality of the Terms of Use, you shall not use any Content on any other website or network computer environment or in a manner that suggests an association with any of our Services or Ganz itself, or in a manner that disparages us.
Ganz reserves all rights in Ganz-owned and licensed Content that are not expressly granted to you in the Terms of Use. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Service, and further legal action.
We take great care and pride in the Service and are always on the lookout for technical glitches that affect it. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Site and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that the Service is delivered property, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may assist in cleaning your computer and which could prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact our Customer Service Representative.
From time to time, Ganz may offer, for "real world" money, licences to use (a) "virtual currency", including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; (b) "virtual in-game items" (together with "virtual currency", "eStore Items"); and (c) other goods or services . Where offered, you may also be able to obtain a licence to use eStore Items by redeeming third party virtual currency such as Facebook Credits.
Where offered, you may place an order by visiting the purchase page in one of our games and following the applicable rules. When you place an order, we may send you a confirmatory e-mail that will contain details of your order. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Ganz keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms and Ganz is not a party to that transaction.
For eStore Items, your order will represent an offer to us to acquire a licence which will be accepted by us when we make the eStore Items available in your Account for you to use in our games or debit your credit card, whichever comes first. If you reside in the European Union and you purchase a product or service from Ganz, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you order eStore Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your order is placed with us.
While using the Service, you may be given the opportunity to submit to Ganz, among other things, (i) images, art, and/or fiction and/or (ii) comments, suggestions, ideas, notes, feedback, concepts or other information (collectively referred to as "User Generated Content"). User Generated Content may be solicited or unsolicited. Except as expressly stated in the Terms of Use, its provisions apply equally to Unsolicited User Generated Content and Solicited User Generated Content (collectively and individually, "User Generated Content" or "Submission"). "Solicited User Generated Content" means those submissions (a) that we expressly request or enable you to provide to us via any feature or activity for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, contests and promotions); and (b) that you distribute for which you do not seek Consideration (such as through our social communication features). "Unsolicited User Generated Content" includes any and all submissions that do not fall within the above subparagraphs (a) or (b).
By transmitting or submitting any User Generated Content through the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Generated Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be governed by the Privacy Policy. Ganz may, without prior notice to you, remove User Generated Content including that which appears to infringe the intellectual property or other rights of third parties.
DO NOT SUBMIT ANY UNSOLICITED USER GENERATED CONTENT; NO IMPLIED CONTRACT. Our long-standing company policy does not allow us to accept or consider Unsolicited User Generated Content so please do not submit it. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Ganz reserves the right to return Unsolicited User Generated Content without reviewing it.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, including the right to sublicense and assign to third parties (collectively, "Intellectual Property Rights") you own or control to copy, fix, use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, adapt, improve, reformat, manufacture, introduce into circulation, commercialize, publish, create derivative works based on, perform, sell, license, sublicense, transfer, rent, lease, transmit, provide access to electronically, enter into computer memory, and otherwise exploit such User Generated Content, in whole or in part, in any way and in all media formats and channels now known or hereafter devised (including on any of the Affiliated Sites, on third party websites, on broadband and wireless platforms, products and services, and on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the Terms of Use. To the extent any "moral rights," "ancillary rights," or similar rights exist in or to such User Generated Content and are not exclusively owned by us, you hereby waive and agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from anyone who may possess such rights.
As part of the Service, Ganz may offer users various social communication features (e.g. discussion boards, user-generated pages such as blogs, messaging services, user generated video, images and other interactive features, including chat rooms, which allow you and other users to post information, provide feedback and interact in real-time) that permit them, consistent with applicable laws, to post comments, information and opinions visible to others. To the extent that the Service provides users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the "Postings"), please be advised that such Postings do not necessarily reflect the views of Ganz.
You further acknowledge that a large volume of information is exchanged through such Postings and that people occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the forums/chat rooms by you or other users of the Service.
WHEN USING THE SOCIAL COMMUNICATION FEATURES YOU AGREE NOT TO:
Under no circumstances will Ganz, any of its partners, affiliates, related companies, or any of their directors, employees, agents, distributors, licensees and licensors (collectively and individually, the "Ganz Group") be responsible for any errors or omissions in the Postings, or for hyperlinks embedded in them, or for any loss or damage caused by your use of a social communication feature or reliance on the information posted through such feature. You should be aware that, when you disclose information about yourself in a forum/chat room, the information is being made publicly available and may be collected and used by other Service users. When you disclose any information in a forum/chat room, you do so at your own risk.
Unless otherwise specified and except for the Service directed to children under the age of thirteen (13), there is no requirement or expectation that Ganz will monitor or record any online activity on the Service, including communications. You acknowledge and agree that, despite the foresaid, we have the right (but not the obligation) to monitor our social communication features as well as everything that you and the other users transmit and post; to alter or remove any such materials; to ban Accounts that breach our Privacy Policy and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our users and visitors and/or to comply with legal obligations or governmental requests.
By accepting the Terms of Use, you agree that you shall not:
The publication of electronic mail addresses is to facilitate communications relating to the Service and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
From time to time, Ganz or its suppliers and advertisers may conduct promotions on or through the Service, including without limitation, contests and games of skill (each, a "Promotion"). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and made a part of the Terms of Use (the "Rules"). If any conflict arises between the Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
In any Promotion, the following minimum rules shall apply:
To the extent permitted by applicable law, the parties have requested that the Terms of Use and all communications and documents relating hereto be expressed in the English language. Dans la mesure o la loi est applicable, les parties ont demand ce que ces prsentes Conditions d'Utilisation ainsi que toutes les communications et documents s'y rattachant soient exprims en langue anglaise. You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of the Service may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, FOR USE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GANZ GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICE, SITE OR CONTENT WITH WHICH IT IS LINKED. THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE, THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME, FREE OF INACCURACIES, ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPPONENTS, OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE, OR ACCESS THERETO, AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH GANZ CUSTOMER SERVICE DEPARTMENT OR A GANZ REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THE TERMS OF USE AND THIS DISCLAIMER AND THE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
GANZ PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GANZ WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHICAL LOCATION.
IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
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 SERVICE, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY, OR THAT OF THE GANZ GROUP, 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.
YOU AGREE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIMS OR SUIT AGAINST ANY MEMBER OF THE GANZ GROUP, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU "OWN" THE ACCOUNT OR ANY ESTORE ITEMS; (II) A CLAIM FOR THE "VALUE" OF ESTORE ITEMS IF GANZ DELETED THEM (AND/OR TERMINATED YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES THE TERMS OF USE, (III) THE "VALUE" OF ESTORE ITEMS THAT YOU MAY LOSE IF GANZ DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO THE TERMS OF USE, OR FOR ANY MALFUCTIONS AND/OR "BUGS" IN THE GAME, AND/ OR (IV) A CLAIM THAT THE "VALUE" OF ANY ESTORE ITEM HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT GANZ HAS MADE OR WILL MAKE.
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 SERVICE EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE IN RELATION TO THE SERVICE OR (II) USD$100.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE GANZ GROUP, THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S) AND/OR YOUR USER GENERATED CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH GANZ IN THE DEFENCE OF ANY CLAIM. WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
The Terms of Use shall remain effective until terminated. If you wish to terminate your Account, you may do so by contacting our Customer Service. Upon our acceptance of your request, your Account will be terminated. Ganz reserves the right to suspend or terminate your Account immediately and without notice if you (i) breach any of the provisions contained in the Terms of Use, (ii) willfully infringe any third party's Intellectual Property Rights, or if we are unable to verify or authenticate any information you provide to us, or (iii) upon game play, chat or any user activity whatsoever which is, in our opinion, inappropriate and/or in violation of the spirit of the game. In response to a violation of the Terms of Use, Ganz may issue you a warning, suspend your Account, selectively remove, revoke or garnish eStore Items associated with your Account or immediate terminate any and all Accounts that you have established with Ganz.
You understand that Ganz provides access to the Service via the Internet through the use of servers, Sites and other technology. Notwithstanding anything to the contrary in the Terms of Use, Ganz reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and the agreement contemplated by the Terms of Use shall terminate.
Sections C, E, G-K, M-S, T of the Terms of Use shall survive any termination or discontinuance of the Service or your access to it.
Ganz administers and operates the Service from Ontario, Canada. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions contained herein are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to the Terms of Use shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under the Terms of Use shall be English.
If you choose to access and use the Service from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in the Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by the Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of the Terms of Use.
Regardless of any statute or law to the contrary, any claim or cause of action against Ganz arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Site 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 Service, they can be sent to the attention of our Customer Service at this address. You may also contact Ganz by email at ganzworldsupport@ganz.com. Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.
If you have a dispute with one or more Service users, you release the Ganz Group from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED COURT REVIEW. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THE TERMS OF USE.
Mandatory Arbitration - YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THE TERMS OF USE, EXCEPT THAT YOU OR GANZ MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR GANZ MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: GANZ, ATTN: GENERAL COUNSEL, ONE PEARCE ROAD, WOODBRIDGE, ONTARIO, CANADA L4L 3T2. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THE TERMS OF USE WILL BE ADMINISTERED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THE TERMS OF USE. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE TORONTO, ONTARIO, CANADA.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES ARBITRATOR OR, OTHERWISE, ARBITRATOR SELECTED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE. YOU AND GANZ FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THE TERMS OF USE, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THE TERMS OF USE ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.
Waiver of Jury Trial and Class Actions - BY ACCEPTING THE TERMS OF USE, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GANZ BOTH AGREE THAT THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GANZ BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
The Terms of Use (including all agreements, rules and policies referenced herein) constitutes the entire agreement between you and Ganz with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Ganz with respect to such use are hereby superseded and cancelled. Ganz will not accept any counter-offers to the Terms of Use, and all such offers are hereby categorically rejected. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Ganz other than that of independent contractors. The Terms of Use may not be assigned by you.
Our failure to insist on or enforce strict performance of the Terms of Use shall not be construed as a waiver by Ganz of any provision or any right it has to enforce the Terms of Use, nor shall any course of conduct between Ganz and you or any other party be deemed to modify any provision of the Terms of Use. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
If any provision of the Terms of Use is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of the Terms of Use will remain in full force and effect. Notwithstanding the foregoing, if any provision of the Terms of Use which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from the Terms of Use. If you have purchased any licences to eStore Items from Ganzestore.com for use in the Service, such transaction shall be governed by the Terms of Use and the Ganz eStore's User Agreement.
Please note that certain people are susceptible to epileptic seizures and loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while using the Service, immediately discontinue use of the Service and consult with your doctor.
The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Notwithstanding anything else in the Terms of Use, no default, delay or failure to perform on the part of Ganz shall be considered a breach of the Terms of Use if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Ganz.