English

Last Updated:  January 8, 2019

 

LEGAL NOTICE

BIC Inc. (“BIC”) maintains its website(s) as a service to the Internet community and to offer custom logo lighters to its business/commercial customers in Canada. Access to and use of this website is subject to the terms and conditions set forth herein and all applicable laws. To place an order on biclogolighter.ca and/or to order BIC lighters, you must have reached the age of majority where you live, and must be acting for business or commercial purposes, not personal, family, household, or other consumer purposes. BIC may revise all, or any portion of, this Legal Notice from time to time by updating this posting.

By accessing and using any website BIC links to this legal notice (each a “Website”), you (and your parent/legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to be legally bound by this Legal Notice (the "Legal Notice") if applicable, that you have the full authority to bind the business you represent to it, and to comply with all applicable laws and regulations as they may change from time to time. You represent and warrant to BIC that you have all authorization necessary to bind the business you represent to this Legal Notice. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS LEGAL NOTICE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE. 

The entire content (images and text) of this Website is copyrighted and may not be distributed, downloaded, modified, edited, reused, reposted, reproduced, transmitted, performed, displayed or otherwise used except as provided herein, including without limitation, by any mechanical or electronic means, without the prior express written permission of BIC.

BIC will use reasonable efforts to include accurate and up-to-date information, but BIC makes no warranties or representations as to its accuracy. All users agree that all access and use of this Website and the content thereof is at your own risk. To the fullest extent permitted by applicable law, neither BIC nor any party involved in creating, producing or delivering this Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this Website, or any errors or omissions in the content thereof.

BIC makes no warranties or representations about any non-BIC website which you may access.  BIC has no control over links made to BIC websites by third parties. When you access a non-BIC website, please understand that it is independent from BIC. BIC cannot monitor or review the content of all websites and assumes no responsibility or liability arising from the content of such off-site pages.

Furthermore, BIC does not endorse or accept any responsibility for the content or the use of a third-party website that has linked to this website, or for any third party products or services that may be available on such websites. We have no control over the privacy practices of websites that have linked to this Website. You should review BIC’s privacy statement and the privacy policy of any website linked to BIC’s Website. It is up to each user to take whatever precautions are necessary to ensure Internet use which is free of offensive materials. Your linking to any off-site pages is at your own risk.

Please be advised that all trademarks, logos, designs, product names, whether or not appearing in large print or with trademark symbols, are trademarks of BIC, its affiliates, subsidiaries and related companies or its licensors or joint venture partners. The distribution, downloading, editing, modification, reuse, reproduction, reposting, transmission, performance, display or other uses of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander or libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that BIC actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

You acknowledge and agree that BIC reserves the right at any time to modify or discontinue the whole, or any part of, the Website, including without limitation any products or services offered or referred to thereon, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

GENERAL TERMS AND CONDITIONS OF CONSUMER GENERATED CONTENT POSTING AND SUBMISSIONS TO BIC WEBSITES:

a. You are responsible for what you post or submit. All artwork, logos, video, photographs, comments, reviews, blog entries, and/or other materials submitted to BIC for posting are the sole responsibility of their submitter and the submitter will take full responsibility, liability, and blame for any libel, litigation or claims that result from the submitter's video, photograph, comments, reviews, blog entries and/or other postings, submissions to BIC, and/or something spoken and/or written in or as a direct result of something spoken and/or written in a comment and/or posting of any kind (collectively “User Content”).

b. BIC requests that you do not post anything that could be offensive to others. You may not post or submit to BIC for posting any User Content that you do not have rights to and/or that is libelous, defamatory, obscene, harassing, abusive, discriminatory, that violates a third party's right to privacy, that violates any other applicable local, provincial/territorial, federal or international law, or is otherwise inappropriate. Furthermore, you may not post or submit to BIC for posting User Content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. BIC reserves the right to remove any and all postings and reject submissions and User Content that are found to be offensive and/or that do not comply with this Legal Notice, all as determined by BIC in its sole and absolute discretion. BIC also reserves the right to terminate access to its walls, blog(s), and/or websites or take other protective steps as it deems necessary in its sole and absolute discretion.

c. Posting of writings, photographs / videos. You may only post or submit to BIC for posting writings, photographs and/or videos or other User Content that you have created and have full rights to. BIC reserves the right to remove any and/or all writings, photographs and/or videos and reject submissions or other User Content that does not comply with these terms and conditions.

d. Ownership and confidentiality of information. You may only post or submit to BIC for posting User Content in accordance with, and not in violation of, applicable trademark, trade name, trade dress, trade secret, service mark, copyright, patent, right of privacy, and other intellectual property laws. You further certify that the User Content you post or submit to BIC for posting will not infringe upon or violate the intellectual property rights of any other party. Anything you post to or submit to BIC for posting is provided by you on a NON-CONFIDENTIAL BASIS, and BIC has no obligation to keep such information confidential, refrain from using such information, or to compensate you for the receipt or use of such information. BIC is free to use the User Content for any purpose whatsoever. You hereby RELEASE BIC from any liability under any legal theory in connection with the use, modification, sale or disclosure of any User Content. Please remember that any User Content that you disclose on our Website may appear publicly on the Website, and may be viewed by other visitors to the Website. You should exercise caution when deciding to disclose your personal information. Once posted, you cannot change or remove any public postings.

e. We may ask for your name, location and e-mail address when you post a submission of any kind. When you post a submission or other User Content, you may be identified by name and, as such, we suggest designating only your first name. Your e-mail address will not be published but will be used to possibly contact you in relation to your submissions, postings, comment(s) and/or User Content. Please view our privacy policy for more detail.

f. No posting of harmful content. You agree that you will not upload, post, e-mail or otherwise transmit information or any User Content that may contain harmful content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that may disrupt, interrupt, damage, destroy, intercept, or limit the functionality of any website, computer software or hardware or telecommunications equipment or otherwise perform a malicious action.

g. Your License to BIC. By using this Website and posting any User Content or submitting any User Content to BIC you: (i) grant to BIC a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Website; and (ii) waive all moral rights in and to all User Content or information that you post on, upload or otherwise submit to or through, the Website in favor of BIC and those authorized by BIC.  For greater certainty, this means that, among other things, BIC has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

 

Please also note:  When you submit a product review, you become subject to the terms of use and privacy policy of the review platform, and the reviews you submit may be posted on our Website and on third party websites. 

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

You agree that you will not upload, post or otherwise transmit any communications or content of any type that may infringe or violate any rights of any party. If you are a copyright owner or an agent thereof and believe any material available via this site infringes a copyright, you should notify BIC by providing us with a notice that meets the requirements below. Upon BIC's receipt of a proper notice of claimed infringement, BIC may remove or disable access to the material claimed to be infringing. You agree that you will not upload, post or otherwise transmit any communications or content of any type that infringe or violate any rights of any party. If you believe any material available via this Site infringes a copyright or other right, you should notify BIC using the Contact Us tab on our Site and provide a detailed description of the material claimed to be infringing.

To be effective, the notification must be a written communication that includes the following: 

a. Identification of the copyrighted work claimed to have been infringed;

b. Identification of the material that is claimed to be infringing with enough detail so that BIC may locate the material;

c. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

d. A statement by you declaring that: (1) the information in the notification is accurate; (2) that you are the owner of an exclusive right that is allegedly infringed or you are authorized to act on behalf of that owner;

e. Information reasonably sufficient to permit us to contact you, including your address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and

f. Your physical or electronic signature.

 

GENERAL TERMS OF WEBSITE USE

 

  1. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

     

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIC, AND ITS PARENTS, AFFILIATES, SUBSIDEARIES, AND EACH OF THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS, SUCCESSORS, AND ASSIGNS (THE “RELEASEES”) MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

    COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE WEBSITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF BIC. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE WEBSITE. 

    ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

    THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE THAT BIC HAS ENTERED INTO THIS AGREEMENT WITH YOU (OR, WITH YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND MAKES THE WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU (OR, YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND BIC. YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

  2. Governing Law. For users who are not individuals resident in the province of Quebec, this Legal Notice, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Legal Notice and any related matters.For users who are individuals resident in the province of Quebec, this Legal Notice, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Legal Notice and any related matters.

     

  3. Termination. If you breach any provision of this Legal Notice you may no longer use the Website. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.If this Legal Notice or your permission to use the Website is terminated by us for any reason, the agreement formed by your (or, your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of this Legal Notice will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything relating to or arising from such use. If you are dissatisfied with the Website or with this Legal Notice, then your sole and exclusive remedy is to discontinue using the Website.

     

  4. If any provision of this Legal Notice is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Legal Notice shall continue in full force and effect. No failure to exercise or waiver of any provision of this Legal Notice shall be deemed a further or continuing waiver of such provision or any other provision of this Legal Notice.

     

  5. This Legal Notice are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.