Terms of Use

PLEASE REVIEW THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") VERY CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY LAVALAB. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT LAVALAB.CA (THE "SITE") AND ALL SERVICES PROVIDED BY LAVALAB.CA ON THE SITE.

By using the Site in any manner, you (the "user" or "you") agree to be bound by this Agreement, which includes those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site.

1. LaVaLab is a Venue

LaVaLab acts as a forum to allow users who comply with LaVaLab’S policies to upload content (their work) and contact information or find work and contact information uploaded by others. In the event where a user purchases work from another through information given on the Site, LaVaLab is not directly or indirectly involved in the transaction between the buyer and seller. As a result, LaVaLab has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. LaVaLab does not pre-screen users (except for services that require an application) or the content or information provided by users. LaVaLab cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, LaVaLab does not transfer legal ownership of items from the seller to the buyer.

LaVaLab cannot guarantee the true identity, age, and nationality of a user. LaVaLab encourages you to communicate directly with potential transaction partners through their contact information available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that LaVaLab is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on LaVaLab. You use the LaVaLab service at your own risk.

2. Membership Eligibility

Age:LaVaLab 's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

LaVaLab may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use LaVaLab 's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Compliance:You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by LaVaLab 's policies as stated in the Agreement and the LaVaLab’s policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by LaVaLab, each of which is incorporated herein by reference and each of which may be updated by LaVaLab from time to time without notice to you:

·         LaVaLab’s Guidelines

·         Fees Policy

·         Privacy Policy

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by LaVaLab from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password:Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify LaVaLab of any unauthorized use of your password or any breach of security. You also agree that LaVaLab cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than LaVaLab without LaVaLab’s express written permission.

Account Information:You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer:You may not transfer or sell your LaVaLab account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service:LaVaLab’s services are not available to temporarily or indefinitely suspended LaVaLab members. LaVaLab reserves the right, in LaVaLab 's sole discretion, to cancel unconfirmed or inactive accounts. LaVaLab reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

Joining LaVaLab is free until LaVaLab determines, at its sole discretion, to begin charging fees at which time LaVaLab will be charging a fee based on the type of account and services you wish to have. When you open an account, you have an opportunity to review and accept the fees that you will be charged. LaVaLab 's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for LaVaLab’s services are effective after LaVaLab provides you with at least fifteen (15) days' notice by posting the changes on the Site. LaVaLab may, at LaVaLab 's sole discretion, change some or all of LaVaLab 's services at any time. Unless otherwise stated, all fees are quoted in Canadian Dollars (CDN).

You are responsible for paying all fees and applicable taxes associated with using LaVaLab.

Fees and Termination:If LaVaLab terminates your account, if you close your account, or if the payment of your LaVaLab fees cannot be completed for any reason, you remain obligated to pay LaVaLab for all unpaid fees plus any penalties, if applicable. If the user's account is not paid in full and becomes past due, the user risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact LaVaLab.

4. Listing

Listing Description:LaVaLab is not responsible for the incorrect description of any item and is not in control of any terms of sale provided by a user.  You must accurately describe your item in your LaVaLab account.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to LaVaLab and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on LaVaLab.

Restricted Activities: Your Content and your use of LaVaLab shall not:

1.  Be false, inaccurate or misleading

2.  Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3.  Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

4.  Violate this Agreement, LaVaLab Guidelines any site policy or community guidelines, or any applicable law, statute, ordinance or regulation.

5.  Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including LaVaLab staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

6.  Be obscene or contain child pornography

7.  Modify, adapt or hack LaVaLab or modify another website so as to falsely imply that it is associated with LaVaLab;

6. Content

License:LaVaLab does not claim ownership rights in your Content. You grant LaVaLab a license solely to enable LaVaLab to use any information or Content you supply LaVaLab with, so that LaVaLab is not violating any rights you might have in that Content. You grant LaVaLab a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow LaVaLab to store, translate, or re-format your Content on LaVaLab and display your Content on LAVALAB in any way LaVaLab chooses. LaVaLab will only use personal information in accordance with LaVaLab 's Privacy Policy.

As part of using the website, you may obtain personal information, including contacts, from another LaVaLab user. Without obtaining prior permission from the other user, this personal information shall only be used for LaVaLab -related communications. LaVaLab has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any LaVaLab user to your email or physical mail list. For more information, see LaVaLab’s Privacy Policy.

Re-Posting Content:By posting Content on LaVaLab, it is possible for an outside website or a third party to re-post that Content. You agree to hold LaVaLab harmless for any dispute concerning this use.

7. Information Control

LavaLab does not control the Content provided by users that is made available on LaVaLab. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using LaVaLab, you agree to accept such risks and that LaVaLab’s and Markham Art Council’s officers, directors, agents, subsidiaries, joint ventures and employees are not responsible for any and all acts or omissions of users on LaVaLab. Please use caution and common sense, when using LaVaLab.

Other Resources:LaVaLab is not responsible for the availability of outside websites or resources linked to or referenced on the Site. LaVaLab does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that LaVaLab shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance o] any such content, goods or services available on or through any such websites or resources.

9. Resolution of Disputes and Release

Disputes with LaVaLab: In the event a dispute arises between you and LaVaLab, please contact LaVaLab. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ontario, Canada, using the English language in accordance with the National Arbitration Rules of Canada. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. The Website (excluding linked Websites) is controlled by LaVaLab from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. For all purposes of this Agreement, You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and LAVALAB agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties:In the event a dispute arises between you and another user or a third party, LaVaLab encourages you to contact the user or third party to resolve the dispute amicably.  

You release LaVaLab (and MARKHAM’S ART COUNSEL’S and LaVaLab 's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party. 

10. LAVALAB's Intellectual Property

LaVaLab, and its graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of LaVaLab, Inc. in CANADA and/or other countries. LaVaLab 's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Access and Interference

Much of the information on LaVaLab is updated on a real-time basis and is proprietary or is licensed to LaVaLab by LaVaLab 's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access LaVaLab for any purpose whatsoever. Additionally, you agree that you will not:

1.  Take any action that imposes, or may impose, in LaVaLab 's sole discretion, an unreasonable or disproportionately large load on LaVaLab’s infrastructure

2.  Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content)

3.  Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

12. Breach

Without limiting any other remedies, LaVaLab may, without notice, and without refunding any fees, delay or immediately remove Content, warn LaVaLab s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

LaVaLab suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; LaVaLab is unable to verify or authenticate any of your personal information or Content; or LaVaLab believes that a user is acting inconsistently with the letter or spirit of LAVALAB's policies, has engaged in improper or fraudulent activity in connection with LaVaLab or the actions may cause legal liability or financial loss to LaVaLab s users or to LaVaLab.

LaVaLab reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association. 

13. Privacy

Except as provided in LaVaLab 's Privacy Policy LaVaLab will not sell or disclose your personal information (as defined in thePrivacy Policy) to third parties without your explicit consent.

14. No Warranty

LAVALAB; LAVALAB'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES; MARKHAM ART COUNSEL’S SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES PROVIDE LAVALAB'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LAVALAB, LAVALAB'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MARKHAM ART COUNSEL’S SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY IMPLIED CONDITIONS IN ONTARIO’S SALE OF GOODS ACT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LAVALAB SHALL CREATE ANY WARRANTY.

15. Liability Limit

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL LAVALAB’S OR ITS AND MARKHAM ART COUNCIL’S OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF LAVALAB OR MARKHAM ARTS COUNCIL KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LAVALAB OR ITS AND MARKHAM ART COUNCIL’S OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF LAVALAB HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AVALAB OR ITS AND MARKHAM ART COUNCIL’S OFFICERSOFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF LAVALAB OR YOUR FAILURE TO PROTECT YOUR INFORMATION SUBMITTED BY YOU ON THE WEBSITE FOR REGISTRATION WITH THE WEBSITE OR YOUR PASSWORD OR ACCOUNT INFORMATION.

LAVALAB EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES AVALAB OR ITS AND MARKHAM ART COUNCIL’S OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.

IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOU HEREBY RELEASE AVALAB OR ITS AND MARKHAM ART COUNCIL’S OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM ARISING FROM MAKING AN ONLINE DONATION OR FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.

LAVALAB'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LAVALAB'S AND MARKHAM ART COUNSEL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LAVALAB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD LAVALAB AND (AS APPLICABLE) LAVALAB’S AND MARKHAM ART COUNSEL’S OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guarantee

LaVaLab does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside LaVaLab 's control.

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and LaVaLab are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. LAVALAB Service

LaVaLab reserves the right to modify or terminate the LaVaLab service for any reason, without notice, at any time. LaVaLab reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If LaVaLab makes a material change LaVaLab will notify you here, by email, by means of a notice on our home page, or other places LaVaLab deems appropriate. What constitutes a "material change" will be determined at LaVaLab 's sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Ontario and Canada.

24. Linking

The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by LaVaLab of the contents of such third-party websites. LaVaLab is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website.

25. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to LaVaLab; Attn: Legal Department; ADDRESS (in the case of LaVaLab) or, in your case, to the email address you provide to LaVaLab (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, LaVaLab may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LaVaLab. In such case, notice shall be deemed given three days after the date of mailing.

 

 

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