Terms of Use

Last Revised: May 1, 2013

Welcome, and thank you for your interest in PingPongStory.com (the "Site").

The following is a legal contract between Ping Pong Story Inc. ("us", "our" and "we") as the
operator and owner of the Site, and any person or other legal entity, ("you", "your" or "account
holder
") who wishes to use the Site, whether as the holder of an account on the Site ("Member") or
merely to browse the Site (visitors and users of the Site are referred to individually as “User” and collectively as “Users”). This agreement ("Agreement") consists of these terms and conditions and any other terms incorporated in this Agreement by reference.

Please read this Agreement carefully. By visiting any area on the Site, creating an account, or creating a story or book, you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement and to follow all applicable laws, you must leave the Site immediately.

If you are under the age of 18, you may not use the Site unless your parent or guardian has consented to your use of the Site. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT IN RESPECT OF SUCH CHILD’S USE OF THE SITE.

  1. Registration and Your Account

    In order to use certain features of the Site, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You agree that the information you provide to us, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account.

  2. Age of Users
    1. Child Member. If you are a User of the Site that is under the age of 18 (“Child Member”), you may not register an account for the Site without consent and approval from your legal parent or guardian. A Child Member may use the Site if registered through certain educational organizations that have entered into a relationship directly with us and through which educational organization the legal parent or guardian of such Child Member has consented to use of the Site. A Child Member that has registered through such external educational organizations will only be permitted to use the Site for so long as we reasonably believe that such access has been consented to by the Child Member's parent or guardian.
    2. Parent Member. If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child Member of the Site, you may create, register, manage and approve Child Member accounts only for your own children, or children for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD MEMBER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD MEMBER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF SUCH CHILD MEMBER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SITE BY THE CHILD MEMBER. You acknowledge that we may choose, but are not obligated, to make any inquiries, either directly or through third parties, that we deem necessary to validate your registration information, including without limitation engaging third parties to provide verification services. We reserve all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND WE ARE NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER OR TO VERIFY THAT A PARENT OR GUARDIAN IDENTIFIED BY A CHILD MEMBER DURING REGISTRATION IS SUCH CHILD MEMBER’S ACTUAL PARENT OR GUARDIAN
  3. Privacy Policy
    1.  Additional Guidelines or Rules. When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines are hereby incorporated by reference into this Agreement.
    2. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to this Agreement, we will make a reasonable effort to provide notice to you of such amended terms, such as by an e-mail notification to the address associated with your account or by posting a notice on the Site, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after we make a reasonable attempt to provide you such notice. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement in place at the time the dispute arose.
    3. Updates to the Site. You acknowledge and agree that we may update the Site with or without notifying you. Such updates shall be subject to the terms and conditions of this Agreement.
  4. Updates and Modifications
    1. Additional Guidelines or Rules. When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines are hereby incorporated by reference into this Agreement.
    2. Modification of this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to this Agreement, we will make a reasonable effort to provide notice to you of such amended terms, such as by an e-mail notification to the address associated with your account or by posting a notice on the Site, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after we make a reasonable attempt to provide you such notice. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement in place at the time the dispute arose.
    3. Updates to the Site. You acknowledge and agree that we may update the Site with or without notifying you. Such updates shall be subject to the terms and conditions of this Agreement.
  5. User Content 
    1.  Your Content. You are solely responsible for any content, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, "Content"), that you contribute to the Site. By uploading, submitting, creating, or publishing Content to or through the Site, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and our Users to use and distribute your Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by us and this Agreement; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. 
    2. Grant of License. Except as provided herein, you retain all ownership rights in your Content. By contributing Content to the Site or creating it on the Site you automatically grant to us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, copy, distribute, publicly perform, publicly display, print, publish, sell, offer for sale, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works that Content and any works derived from that Content, in any form of media or expression (now known or hereafter developed), in the manner in which the Site from time to time permits Content to be used, and to license or permit others to do so. This license also grants us the right to sublicense that Content to other Users to permit their use of that Content in the manner in which the Site from time to time permits Content to be used.
    3. Change of Use. We may from time to time change the manner in which Content can be used on the Site, and if we do so any license you have granted to us under this section shall automatically be extended to new uses permitted by the Site, and any licenses previously granted to us for uses no longer permitted by the Site shall continue in accordance with this section. If you contribute Content to the Site, it is your responsibility to check the Site from time to time to review how we permit Content to be used.
    4. Sharing Content. We permit Users to share their Content with a select group of other Users, or make their Content public for all (even non-Members) to view. You acknowledge and agree that although we may provide certain features intended to allow you to restrict some Content you create from others, we do not guarantee that such Content will never be accessible by others. In the event of unauthorized access, we will use reasonable efforts to notify you. WE HEREBY DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED CONTENT. By sharing Content with other Users you automatically grant those Users an irrevocable and non-exclusive right and license to access that Content, add to that Content and to derive works from that Content in the manner in which the Site from time to time permits Content to be used, and to license or permit others to do so.
    5. Exposure to Content. You understand that when using the Site you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
    6. Our Responsibility for Content. We are not responsible for and do not endorse Content that is posted on the Site, including without limitation any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. We may, but have no obligation to, pre-screen, monitor, edit, or remove any Content or accounts containing Content that we determine in our sole discretion violates this Agreement.
    7. Removal of Content. You may delete any of your Content that you have not shared with other Users. You understand that such Content may persist in backup copies for a reasonable period of time. You agree and understand that any of your Content that has been shared with other Users may remain with Users who have previously accessed your Content and will remain on the Site to the extent that such Content has been edited, revised, or added to by other Users. If you are a content owner or User with concerns regarding any Content displayed on the site or your trademarks, copyrights, or other intellectual property rights, please contact us at info@pingpongstory.com. If notified by a User or a content owner of Content that allegedly does not conform to this Agreement, including without limitation allegations of infringement of third-party intellectual property or proprietary rights, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice or liability to you. For clarity, we do not permit copyright, trademark, or other intellectual property infringing activities on the Site.
  6. User Conduct 
    1. Personal Use. The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms or violates our rights or the rights of any other person or entity. 
    2. Unacceptable Content. You may not use the Site to upload, transmit or link to Content or other material that we believe, in our sole discretion:
      1. is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
      2. comprises material that is copyrighted or protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;
      3. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
      4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
      5. violates or otherwise encroaches on the rights of others;
      6. contains viruses, worms, corrupt files, trojan horses or other forms of corruptive code, or any other content which may compromise the Site;
      7. advocates illegal activity; or
      8. harms anyone, including minors.
    3. Unacceptable Use. You may not:
      1. abuse, harass, threaten, impersonate or intimidate other Users of the Site;
      2. use the Site for any illegal or unauthorized purpose;
      3. use the communication systems provided by the Site for any commercial solicitation purposes;
      4. solicit, for commercial purposes, any users of the Site with respect to their Content;
      5. use the Site if you are a convicted sex offender;
      6. attempt to mislead any person as to your identity or the origin of any communication transmitted through the Site;
      7. create or submit unwanted e-mail or other messages to any Users of the Site;
      8. collect or harvest any personally identifiable information, including account names, from the Site;
      9. attempt to circumvent the security systems of the Site;
      10. attempt to gain access to or use the Site in a fraudulent manner;
      11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
      12. modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent expressly permitted by us herein or to the extent the foregoing restriction is expressly prohibited by applicable law;
      13. attempt to gain access to any other User's accounts; or
      14. attempt to ascertain any other user's password and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other website, or by e-mail communication.
    4. Spiders. You may not use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers" that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser in ordinary and customary usage. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
  7. Fees and Payments
    1. Fees. We may now, or in the future, charge fees for access to and use of the Site, or certain features thereof (“Fees”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes.
    2. Payment of Fees. We will charge the Fees, if any, and other additional fees or donations you authorize, to the credit card you designate. To designate a credit card for the payment of Fees, you will be asked to provide us with a credit card number from a card issuer that we accept. We may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement. You authorize the credit card you designate to pay any amounts described herein and authorize us, or any other company that acts as a billing agent for us, to continue to attempt to charge all sums described herein to your credit card until such Fees are paid in full. You agree to provide us with updated information regarding your credit card upon our request, and any time the information earlier provided is no longer valid. If payment is not received by us from your credit card issuer, you agree to pay all amounts due upon demand by us.
    3. Changes in Price; No Refunds. We may at any time, upon notice required by applicable law, change the price of the use of the Site or any features thereof, institute new charges or fees, or charge a fee for the use of the Site or any part thereof where a fee was not previously charged. All Fees relating to the Site, including any Fees charged for access to the Site, are final and non-refundable, including in the event of termination of your account on the Site.
  8. Third-Party Sites, Products and Services
    • The Site may include links or references to other web sites or services solely as a convenience to Users (“Third-Party Sites”). We do not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites is solely at your own risk.
  9. Ownership and Proprietary Rights
    • ​The Site is owned and operated by us. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by us (the “Materials”) are protected without limitation, by U.S., Canadian and other foreign copyright, trademark, patent and other intellectual property laws. Except for any Content that is provided and owned by Users, all Materials contained on the Site are the property of us or our subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to us or our affiliates and/or third-party licensors. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, reverse engineer, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights to the Materials not expressly granted in this Agreement. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
  10. Remedies
    1. Our Remedies. You agree that we, in our sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with us or your use of the Site and remove and discard all or any part of your account, profile, and any Content, at any time. We may also in our sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have, or portion thereof, may be affected without prior notice, and you agree that we will not be liable to you or any third-party for any such termination. Upon termination for any reason, all licenses and other rights granted to you in this Agreement will immediately cease and you must cease to use the Site. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. We reserve all rights and remedies against any User who violates this Agreement. YOU ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT MAY CAUSE IRREPARABLE HARM TO US AND YOU AGREE THAT, IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, WE SHALL BE ENTITLED TO SEEK INJUNCTIVE RELIEF AGAINST YOU FOR ANY SUCH VIOLATION WITHOUT HAVING TO POST A BOND.
    2. Your Remedies. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of this Agreement, (iii) any policy or practice of ours in operating the Site, or (v) any content or information transmitted through the Site, is to terminate your account. You may terminate your account at any time by deleting your account with the Site and discontinuing use of any and all parts of the Site.
  11. Indemnification
    • ​​You agree to indemnify, defend, and hold us harmless as well as our affiliated companies, contractors, employees, agents and third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Site, any violation of this Agreement, or any breach of the representations, warranties, and covenants made herein, whether by you or by any Child Member associated with you. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
  12. Disclaimer of Warranties
    1. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE SITE.
    2. “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
    3. Content.  WE, AND OUR AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
  13. Limitation of Liability and Damages
    1. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR OUR AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), OR FOR PERSONAL INJURY OR DEATH ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH US OR ANY USERS OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    2. Limitation of Damages. IN NO EVENT WILL OUR OR OUR AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
    3. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR PRODUCTS AND SERVICES, SET OUR PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
    4. Time Limit. YOU AGREE THAT ANY CLAIM ARISING FROM OR RELATED TO THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM FIRST COULD BE FILED OR SUCH CLAIM IS PERMANENTLY BARRED.
  14. Miscellaneous.
    1. Notice. You agree to receive electronic communications from us addressed to the e-mail address associated with your account. You acknowledge and agree that any communication via e-mail or by postings on the Site satisfies any legal requirement that such communications be made in writing.
    2. Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.
    3. Governing Law. You agree that this Agreement shall be governed by the substantive laws of the province of Ontario and the laws of Canada applicable therein, without respect to its conflict of laws principles. You agree, in the event of any claim or dispute between you and us that arises in whole or in part from the Site or this Agreement, to attorn to the non-exclusive jurisdiction of the courts of the province of Ontario.
    4. Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
    5. Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this Agreement shall be null and void.
    6. Survival. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
    7. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
    8. Entire Agreement. This Agreement constitute the entire agreement between you and us relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by us as set forth herein.