Terms of Use

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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED BELOW). USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THIS WEBSITE.

ACCEPTANCE OF THESE TERMS OF USE
Your use in any manner of the website located at www.iowat.ca or of any other website, web page or other Internet platform offered by or through IOWAT Inc. (“IOWAT”), wherever or however offered, including without limitation, any page, application or platform offered through any social media website, (collectively, this “Website”) constitutes your acknowledgment that you have read, agree with and consent to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Website. These Terms of Use are a legally binding contract between you on the one hand and IOWAT Inc. on the other hand. These Terms of Use govern all use of this Website.

IOWAT Inc. reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, IOWAT Inc. recommends that you review these Terms of Use whenever you use this Website. Your continued use of this Website following any such change constitutes your agreement to follow and be bound by the updated or modified version of these Terms of Use.

USE RESTRICTIONS.
The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other material (collectively, the “Materials”) are protected under laws of the United States of America, Canada and other countries. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of IOWAT Inc. and/or its licensors. Subject to your full compliance with these Terms of Use, IOWAT Inc. authorizes you to view the Materials on this Website and download a single copy of them, but only for your own lawful, personal and non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall not prejudice IOWAT Inc.’s intellectual property rights. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is prohibited.

You may not “mirror” any Materials contained on this Website or accessible through this Website without IOWAT Inc.’s written permission.

Any rights not expressly granted herein to use the Materials are reserved by IOWAT Inc. in full.

You may not use this Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms of Use, (iii) in any manner that could damage, disable, overburden or impair this Website, (iv) in any manner that may interfere with any other party’s use and enjoyment of this Website or (v) if you are under 13 years of age. You may not attempt to gain unauthorized access to this Website through hacking, password mining or any other means.

IOWAT Inc. reserves the right, in its sole and absolute discretion, to terminate your access to this Website, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.

SUBMITTED CONTENT.
When you upload or otherwise submit any information, materials or other content whatsoever to or through this Website (“Submitted Content”), you represent and warrant that such Submitted Content (i) does not contain any material that is pornographic, lewd, obscene, defamatory, profane, offensive or misleading, (ii) does not violate any intellectual property rights of any third party, including, without limitation, third party copyrights, trademark rights or rights of publicity, (iii) does not otherwise violate Applicable Law and (iv) does not otherwise contain any inaccurate or untruthful information.

By uploading or otherwise submitting Submitted Content to or through this Website, you, personally, and on behalf of any subjects therein, including, without limitation, your child, if applicable, grant to IOWAT Inc. a non-exclusive, fully paid-up, perpetual, worldwide license (the “License”) to use all of the content of Submitted Content, including likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. The License also includes, without limitation, the right to post Submitted Content, or excerpts thereof, on this Website and websites other than this Website, including, without limitation on any social media, blog or similar website.

If you post, upload and/or submit any Submitted Content on this Website, you will not: (i) harass, defame, intimidate or threaten another user of this Website; (ii) interfere with the rights to privacy of any another user of this Website; (iii) distribute chain letters, surveys or contests; (iv) post any material that is defamatory (i.e., disparaging to the reputation of an individual or business); (iv) post any material that is obscene or indecent; (v) post any trademarks, logos or copyrighted material without the authorization of the owner thereof; (vi) post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); and/or (vii) advertise or sell any goods or services.

If Submitted Content includes any video and/or photographic images or pictures of your child, you further agree that, without limitation, the License includes a grant of an unrestricted right and permission to use, re-use and publish the video and/or photographic images or pictures of your child, in which your child may be included intact or in part, composite or distorted in character or form (the “Images”), without restriction as to changes or transformations in conjunction with your child’s own or a fictitious name, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. You hereby relinquish any right that you, and/or your child, may have to examine or approve the use of the Images regardless of the form and type, the material that may be used in conjunction therewith or the use to which they may be applied. Further, you represent and warrant to IOWAT Inc. that: (i) all persons who appear in any Images have given you their express consent (or if a minor who is not your child, you must have the permission of their parent or legal guardian) to submit the Images for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity (and you agree to provide evidence of such permission in writing if requested by IOWAT Inc. in its sole and absolute discretion); (ii) there are no claims for payment of any kind, including, without limitation, for royalties or residuals; and (iii) no persons who appear in any Images has any approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of any Images.

The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns.

You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated thereto to IOWAT Inc.. IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO IOWAT INC. YOU MAY NOT SUBMIT ANY MATERIALS TO IOWAT INC..

LIMITATION OF LIABILITY.
IN NO EVENT SHALL IOWAT INC., OR ANY OF ITS SUBSIDIARIES, PARENTS AND AFFILIATED COMPANIES, OR ANY OF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, OR ANY OF THEIR HEIRS, SUCCESSORS, REPRESENTATIVES AND ASSIGNS (EACH AN “IOWAT INC. PARTY” AND COLLECTIVELY, THE “IOWAT INC. PARTIES”) BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE – WHETHER ACTIVE, PASSIVE OR IMPUTED – LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF APPLICABLE LAW, OR BREACH OF PUBLICITY OR OTHER RIGHTS), STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF AN IOWAT INC. PARTY OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE CONTENT HEREON OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.

IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN IOWAT INC.’S TOTAL LIABILITY WILL BE THE LESSER OF (I) THE COSTS ASSOCIATED WITH ENTERING A CONTEST ASSOCIATED WITH THIS WEBSITE IF RELATED THERETO OR (II) ONE HUNDRED DOLLARS (US$100).

THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.

INDEMNIFICATION.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE IOWAT INC. PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS OF USE AND/OR YOUR MISUSE OF THIS WEBSITE.

SECURITY.
IOWAT Inc. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing IOWAT Inc. to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any Applicable Law.

SUBMISSION OF IDEAS OR SUGGESTIONS.
IOWAT Inc. is always improving its products, services and this Website. If you have ideas or suggestions regarding improvements or additions to IOWAT Inc.’s products, services or this Website, IOWAT Inc. would like to hear them; however, any submission will be subject to these Terms of Use. Under no circumstances will any disclosure of any idea or suggestion or related material to an IOWAT Inc. Party be subject to any obligation of confidentiality or expectation of compensation. By submitting an idea or suggestion or any related material to IOWAT Inc. or any IOWAT Inc. Party, you are waiving any and all rights including, without limitation, intellectual property rights, that you may have in the idea or suggestion or any related material and are representing and warranting to such IOWAT Inc. Party that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that all IOWAT Inc. Parties are free to implement the idea or suggestion and to use the related material if so desired, as provided or as modified by any IOWAT Inc. party, without obtaining permission or license from any third party.

GOVERNING LAW; LEGAL JURISDICTION.
This Site (excluding linked sites) is controlled by IOWAT Inc. from its offices within the Province of Ontario, Canada. By accessing this Site, you and IOWAT Inc. agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. IOWAT Inc. makes no representation that Materials or services available on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. You cannot transfer your rights or obligations under these Terms of Use to anyone without IOWAT Inc.’s written permission and any attempted assignment without IOWAT Inc.’s written permission shall be null and void and of no effect whatsoever. IOWAT Inc.’s failure to enforce any provision of these Terms of Use does not waive IOWAT Inc.’s right to enforce the same provision in the future. Any headings contained in these Terms of Use are for informational purposes only, but are not themselves enforceable provisions of these Terms of Use.