Updated: May, 01 / 2013
This is a living document and may be updated without notice. To ensure you have the latest information we recommend that you check this document often. We are trying to keep this document easy to read and as straightforward as possible. If you have any suggestions that can help us improve this living document, or have questions, concerns or need additional information about this living document, please email us.
LakeshoreCMS ("us", "we", or "LakeshoreCMS") is owned and operated by Studio Gibbous. We provide you (the "user") materials that allows you to manage and personalize the content of your website, website hosting, communication tools and other services. This Terms of Service ("TOS") explains our obigations to you and your obligations to us. By using LakeshoreCMS you agree to the terms set forth in this document. Acceptance of the TOS applies to you as an account owner, regardless of how many websites you have with us. You are solely responsible for all activity within your websites.
LakeshoreCMS provides you access to a website content managment system ("CMS"). By using this service you may receive certain communications from us, which may incude service announcements, administrative messages, billing invoices and newsletters. These forms of communications are part of your LakesoreCMS subscription.
Because technology is not 100% reliable, we are providing you with a service "AS IS" and we accept no responsibility for deletion, mis-delivery or failure to store any user, data, communications or personalization settings.
All LakshoreCMS trademarks, service marks, trae names, logos, slogans and taglines are the ownership of Studio Gibbous, except where specifically stated in this TOS. All intellectual property rights are owned by us, our licensors, or both. Any rights not expressly granted in this TOS is expressly reserved.
You agree to the following:
1. You are 18 years of age or older.
2. You shall be the sole user of our services, you shall keep all logins and usernames confidential. Should any third person use your login and username, you shall be liable for any actions of such third person.
3. You must provide true, accurate, current, complete and valid information about your method of payment ("Account Billing Data"). All credit card processing is handled by PayPal. All other forms of payment are handled directly by Studio Gibbous.
4. You must maintain and promptly update the Account Billing Data, to keep it true, accurate, current, complete and valid. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend, or terminate, your account and refuse any and all current or future use of the service (or any portion thereof).
5. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, email, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the materials or otherwise distribute in any way the materials other than as specifically permitted in this TOS.
6. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the materials, create derivative works based on or in any manner commercially exploit the materials, in whole or in part, other than as expressly permitted in this TOS.
7. Any use of the materials for any purpose other than as specifically stated herein, or the prior written consent of Studio Gibbous, is expressly prohibited. We reserve all rights not expressly granted in this TOS.
8. You agree to fully and accurately provide information requested by us when setting up your accounts and to regularly update such information. Failure to do so may result in the cancellation of your account and loss of services.
9. We may replace, modify, refuse access, suspend or discontinue the services, partially or entirely, and we may add, change or modify prices, all or part, of the services at any time.
10. Account or services changes shall be effective once posted on the website or by direct communication to you unless otherwise noted.
11. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if they violate any part of this TOS.
You are responsible for all data, files, and other information uploaded, posted or stored in your acount. All data, files, and other information either publicly posted or privately transmitted, are the sole responsibility of the person from which it originated. This means you are entirely responsible for all data, files, and other information that you, or any of the users under your account, upload, post, email, transmit or otherwise make available via our service. We are not responsible for your content in any way shape or form.
We do not claim any intellectual property rights over the data, files, and other information you provide. All data, files, and other information you upload remains yours. You can terminate your LakeshoreCMS account at any time by contacting Studio Gibbous. All data, files, and other information will be removed.
You allow LakeshoreCMS a worldwide, royalty-free, non-exclusive license to host and use your content in order to provide you with our services. You agree and understand that you have all rights and warrants necessary to grant us such license.
We encourage you to back-up and archive all your data, files and other information, regularly, in the event such content may become lost or unrecoverable.
LakeshoreCMS reserves the right to determine wether or not an account is in violation of any of the policies in this TOS. Users who are in breach of this TOS may be permanently restricted from using our services. If your account is suspected of being used for illegal or fraudulent activity, then your account will be terminiated immediately, all data, files, and other information will be removed and we may inform law enforcement officials.
By using LakeshoreCMS you agree not to use it for the following:
1. Unlawful, offensive, hateful, harmful, abusive, tortuous, vulgar, threatening, harassing, defamatory, libelous, obscene, pornographic, invasive of another's privacy, or racially, ethnically or otherwise objectionable, or violates any party’s intellectual property or this TOS.
2. Intentionally or unintentionally violate any applicable local, provincial, state, national or international law.
3. Impersonate any person or entity, living, dead or fictional, or falsely state / misrepresent your affiliation with any person or entity.
4. Collect or store personal data, or information, about other internet users without their consent.
5. Upload, post, email, transmit or make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
6. Upload, post, email, transmit or make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
7. Upload, post, email, transmit or make available any unsolicited or unauthorized advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as e-commerce) that are designated for such purpose.
8. Upload, post email, transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment.
9. Interfere with or disrupt the service, servers or networks connected to our service, or disobey any requirements, procedures, policies or regulations of networks connected to our service.
By signing up for a LakeshoreCMS account you are agreeing to pay on a per website basis and that you will incur monthly, or yearly, charges for the upcoming month's or year's service. Charges to your account will be billed to your credit card on file via PayPal, unless otherwise agreed upon. You are responsible for the payment for each and every website under your account. Fees for services, in full or in part, will not be refunded unless otherwise stated.
LakeshoreCMS may change the fees at any time. We will notifiy you of any such changes in advance at a reasonable time and the date they will go into effect. If you do not agree with the new fees, you may terminate your account immediately. If you continue using our services after the effective date it will be to our understanding that you have agreed and accepted the amended fees.
All fees associated to LakeshoreCMS are subject to Ontario taxes. If you are exempt from payment of Ontario taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
Any and all forms of feedback, such as comments, suggestions, ideas, questions and other information provided to us by you are not confidential. By submitting any form of feedback you grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use the information as we deem appropriate, for any and all commercial and / or non-commercial purposes, in our sole discretion.
1. We may terminate services, without cause, at any time.
2. You many terminate services, without cause, at any time.
3. We may terminate services at any time, without penalty or without notice, if you fail to comply with any of the terms in this TOS.
4. Notice of services termination will be sent to the email contact associated with your account. Upon termination, we have the right to delete all data, files, and other information stored in your account.
5. We have no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the services.
You agree to indemnify and hold LakeshoreCMS, its parent company, subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any and all losses, cost expenses, and damages on any and all manner of claims, demands, actions and proceedings, as well as reasonable attorney’s fees, that may be instituted against us on the grounds alleging that the said services violates any copyright or any proprietary right of any person. You certify that you own the rights to use the content being reproduced on your website.
To indemnify means to protect against, keep free from and insure against any loss or damage; and to pay back in compensation for any loss that is suffered.
You expressly agree and understand the following:
1. The service provided is on a "AS IS" and "AS AVAILABLE" basis without warranty or any kind, either express or implied, and you use our services at your sole risk.
2. We make no warranties that (A) the service will meet your requirements (B) the service will be uninterrupted, timely, secure or error-free (C) the accuracy or reliability that may be obtained from the use of our service (D) the quality of services or goods recived through, or advertised, on our website, or accessed through our services (E) errors in the software will be corrected.
3. No advice or information, written or oral, obtained by you from LakeshoreCMS, or its service, shall create any warranty.
We are not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplar, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss programs or other data on your computer or otherwise) arising from or on connection with use of the site, the services, the materials, your content, the commercial products or any third party user generated content available on or throught the site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if LakeshoreCMS has been advised of the possibility of such damages. You hereby release LakeshoreCMS and hold LakeshoreCMS and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidential and consequntial), know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the services, materials, site, your content, commercial products or any third party user generated content available on or through the site. You hereby waive the provisions of any province, state or local law limiting or prohibiting a general release.
In the event that any provision of this TOS is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
The failure of LakeshoreCMS or Studio Gibbous to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.
The TOS constitutes the entire agreement between you and LakeshoreCMS and govern your use of our service, superseding any prior agreements between you and lakeshoreCMS. (including, but not limited to, any prior versions of the TOS.)