Terms & Conditions

LoonLounge Terms of Use Agreement November 19, 2007

LoonLounge is a social and practical networking service that relates to Canada and the Canadian immigration experience. LoonLounge allows members to create unique personal profiles online for the purpose of communicating with other members who share the same interests. The services offered by LoonLounge include the LoonLounge website and any other features, content, or applications offered from time to time by LoonLounge in connection with the website.

This Terms of Use Agreement sets forth the legally binding terms for your use of our services. By using the services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with LoonLounge). The term "User" refers to a Visitor or a Member. You are only authorized to use the services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the services immediately. If you wish to become a Member, communicate with other Members and make use of the services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.

This Agreement includes LoonLounge's policy for acceptable use of the services and content posted on the website, your rights, obligations and restrictions regarding your use of the services and LoonLounge's Privacy Policy. In order to participate in certain services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@loonlounge.com, Subject: Terms of Use Agreement.

LoonLounge may modify this Agreement from time to time and such modification shall be effective upon posting by LoonLounge on the website. You agree to be bound to any changes to this Agreement when you use the services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on LoonLounge and that you provide to other Users. Your LoonLounge profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other LoonLounge Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and LoonLounge assumes no responsibility or liability for this material. If you become aware of misuse of the services by any person, please report this abuse by clicking on the 'Report Abuse' link at the bottom of the screen.

LoonLounge reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the services at any time, under its own discretion, with or without prior notice, and without liability.

Any use of the site (whether for publicly available content or interpersonal communication) for hatred or discrimination of any sort is strictly prohibited, and subject to removal and termination of access. Such activity is detrimental to the mission of LoonLounge to provide a positive and helpful community. Use of the internet for public incitement of hatred is strictly illegal under sections 319 and 320 of the Canadian Criminal Code. LoonLounge will actively cooperate with authorities in any and every way possible to prosecute individuals and/or groups who use the site and its services in this manner.

1. Eligibility

Use of and Membership in the services is void where prohibited. By using the services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the services does not violate any applicable law or regulation.

2. Term

This Agreement shall remain in full force and effect while you use the services or are a Member. You may terminate your Membership at any time, for any reason, by sending an email to deactivate@loonlounge.com. LoonLounge may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify LoonLounge immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial Use by Members

The services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by LoonLounge in writing. Illegal and/or unauthorized use of the services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the services.

5. Proprietary Rights in Content on LoonLounge

1. By displaying or publishing ("posting") any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the services, you hereby grant to LoonLounge, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the services. This license will terminate at the time you remove such Content from the services. You represent and warrant that: (i) you own the Content posted by you on or through the services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the services. 2. The services contain Content of LoonLounge ("LoonLounge Content"). LoonLounge Content is protected by copyright, trademark, patent, trade secret and other laws, and LoonLounge owns and retains all rights in the LoonLounge Content and the services. LoonLounge hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the LoonLounge Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the services. 3. The services contain Content of Users and other LoonLounge licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the services.

6. Content Posted

1. LoonLounge may delete any Content that in the sole judgment of LoonLounge violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. LoonLounge assumes no responsibility for monitoring the services for inappropriate Content or conduct. If at any time LoonLounge chooses, in its sole discretion, to monitor the services, LoonLounge nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 2. You are solely responsible for the Content that you post on or through any of the services, and any material or information that you transmit to other Members and for your interactions with other Users.

LoonLounge does not endorse and has no control over the Content. Content is not necessarily reviewed by LoonLounge prior to posting and does not necessarily reflect the opinions or policies of LoonLounge. LoonLounge makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

7. Content/Activity Prohibited

The following is a partial list of the kind of content that is illegal or prohibited. LoonLounge reserves the right to investigate and take appropriate legal action against anyone who, in LoonLounge's sole discretion, violates this provision, including without limitation, removing the offending communication from the services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to content that, in the sole discretion of LoonLounge: 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner; 4. contains nudity, violence, or offensive subject matter; 5. solicits personal information from anyone under 18; 6. provides any telephone numbers, street addresses, last names, URLs or email addresses of third party individuals; 7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming"; 10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 13. involves commercial activities and/or sales without LoonLounge's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 14. includes a photograph of another person that you have posted without that person's consent; 15. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, patent infringement, or theft of trade secrets; 16. advertising to, or solicitation of, any Member to buy or sell any products or services through the services. It is also a violation of these rules to use any information obtained from the services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit written consent of LoonLounge. In order to protect our Members from such advertising or solicitation, LoonLounge reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which LoonLounge deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the services, you acknowledge that you will have caused substantial harm to LoonLounge, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay LoonLounge $50 for each such unsolicited email or other unsolicited communication you send through the services; 17. any automated use of the system, such as using scripts to add contacts; 18. interfering with, disrupting, or creating an undue burden on the services or the networks or services connected to the website; 19. attempting to impersonate another Member or person; 20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 21. selling or otherwise transferring your profile; or 22. using the services in a manner inconsistent with any and all applicable laws and regulations.

8. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of LoonLounge to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to LoonLounge by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide LoonLounge with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notify LoonLounge for notice of claims of copyright infringement at: copyright_agent@loonlounge.com.

9. Intellectual Property - Notices of Infringement

LoonLounge takes Notices of infringement and breach of our Terms of Use seriously, and have a policy of respecting the intellectual property rights and linking prerogatives of third parties. To validate such notices quickly and effectively, we ask that you comply with the provisions set out in this Notice Procedure.

We will review any Notice as soon as reasonably practicable and will act expeditiously to remove: (a) any link to a website where the operator of that website would prefer us not to display said link on LoonLounge; (b) any material that violates the intellectual property rights of any third party; and (c) any material that is otherwise in breach of our Terms of Use ('8. Content/Activity Prohibited'). As part of our response, we will remove or disable access to any prohibited content residing on LoonLounge.

Notice Procedure: To be processed, Notices should include the following information: (a) Name of the party sending the Notice, (b) demonstration of ownership of Intellectual Property and/or other reasons for asking the takedown, and (c) contact information. Please send the Notice to abuse@loonlounge.com.

10. Member Disputes

You are solely responsible for your interactions with other LoonLounge Members. LoonLounge reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy

Use of the services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers

LoonLounge is not responsible for any incorrect or inaccurate Content posted on the website or in connection with the services provided, whether caused by Users of the services or by any of the equipment or programming associated with or utilized in the services. Profiles created and posted by Members on LoonLounge may contain links to other websites. LoonLounge is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LoonLounge. Inclusion of any linked website on LoonLounge does not imply approval or endorsement of the linked website by LoonLounge. When you access these third-party sites, you do so at your own risk. LoonLounge takes no responsibility for third party advertisements which are posted on this website or through the services, nor does it take any responsibility for the goods or services provided by its advertisers. LoonLounge is not responsible for the conduct, whether online or offline, of any User of the services. LoonLounge assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. LoonLounge is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the services. Under no circumstances shall LoonLounge be responsible for any loss or damage, including personal injury or death, resulting from use of the services, attendance at a LoonLounge event, from any content posted on or through the services, or from the conduct of any Users of the services, whether online or offline. The services are provided "AS-IS" and as available and LoonLounge expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LoonLounge cannot guarantee and does not promise any specific results from use of the services.

13. Limitation on Liability

IN NO EVENT SHALL LOONLOUNGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LOONLOUNGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOONLOUNGE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LOONLOUNGE FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

14. Indemnity.

You agree to indemnify and hold LoonLounge, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the services causes LoonLounge to be liable to another. Please contact us at info@loonlounge.com with any questions regarding this Agreement.