Terms of Use

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Trozelonwhral, concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. You agree that by accessing the site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the site and you must discontinue use immediately.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, international copyright laws, and international conventions. The content and graphics are provided on the site for your personal use only. Except as expressly provided in these Terms of Use, no part of the site and no content or graphics may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Representations

By using the site, you represent and warrant that: all registration information you submit will be true, accurate, current, and complete; you will maintain the accuracy of such information and promptly update such registration information as necessary; you have the legal capacity and you agree to comply with these Terms of Use; you are not a minor in the jurisdiction in which you reside; you will not access the site through automated or non-human means, whether through a bot, script, or otherwise; you will not use the site for any illegal or unauthorized purpose; and your use of the site will not violate any applicable law or regulation.

Prohibited Activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the site, you agree not to:

• Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the site, including collecting usernames and email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use a buying agent or purchasing agent to make purchases on the site.
• Use the site to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and the content contained therein.
• Engage in unauthorized framing of or linking to the site.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Use any information obtained from the site in order to harass, abuse, or harm another person.
• Use the site as part of any effort to compete with us or otherwise use the site and the content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
• Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
• Delete the copyright or other proprietary rights notice from any content.
• Copy or adapt the site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the site.
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, 1x1 pixels, web bugs, cookies, or other similar devices.
• Disparage, tarnish, or otherwise harm, in our opinion, us and the site.
• Use the site in a manner inconsistent with any applicable laws or regulations.

User Generated Contributions

The site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. Contributions may be viewable by other users of the site and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any contributions, you thereby represent and warrant that your contributions do not violate our Acceptable Use Policy.

Contribution License

By posting your contributions to any part of the site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

Site Management

We reserve the right, but not the obligation, to: monitor the site for violations of these Terms of Use; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof; in our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the site or delete any content or information that you posted at any time, without warning, in our sole discretion.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site. We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site.

Governing Law

These Terms of Use and your use of the site are governed by and construed in accordance with the laws of Canada applicable to agreements made and to be entirely performed within Canada, without regard to its conflict of law principles.

Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Toronto, Ontario, Canada, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

Corrections

There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site's content or the content of any websites linked to the site and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, any unauthorized access to or use of our secure servers and any personal or financial information stored therein.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Contact Us

In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:

Trozelonwhral
887 Queen St W
Toronto, ON M6J 1G5
Canada
Phone: (416) 703-0089
Email: online@trozelonwhral.world