LukeNarwhal.com Website Terms of Service As of 1 October 2020
LukeNarwhal.com (“LukeNarwhal”, “we,” “,”), provides access to the LukeNarwhal website, currently located at https://www.LukeNarwhal.com/, (collectively, “Site”), and certain features, functionality, and services, including without limitation those services mentioned at paragraph 2 below (“Services”). These terms of service (“Terms”) govern your access and use (as a registered user or otherwise) of the Site and Services. By accessing or using the Site and/or Services, you accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Site or Services.
1. Terms of Access and Use
1.1. Children under the age of 18 are not allowed to create an Account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian. If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
1.2. Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services. By accessing the Site, you represent and warrant that you are either individual acting on your own behalf. Your use of the Site and the Services as an authorized agent shall not relieve you of personal responsibility for your use of the Site and the Services. The rights granted to you by these Terms may be revoked by LukeNarwhal at any time, in its discretion.
1.3. Supplemental terms may apply to the Site and Services. Supplemental terms are in addition to and shall be deemed a part of the Terms for the purposes of the Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Services.
1.4. LukeNarwhal may amend the Terms related to the Services from time to time. Amendments will be effective upon LukeNarwhal’s posting of such updated Terms on the Site. Your continued access or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
2. Services
Without limitation, the Services provided by LukeNarwhal include, but, are not limited to:
2.1. providing a platform for the submission of personalized content and stories, related to weight loss, which includes stories published, by you on Reddit or any other similar site that exists now or may exist in the future (“Submitted Content”); and
2.2. that the Submitted Content made reference to in paragraph 2.1. above may be used, in any manner whatsoever, on the YouTube page situated at the following URL: https://www.youtube.com/channel/UC4cuppNtIabdrzPccGeUpmQ (“LukeNarwhal’s YouTube Page”).
3. Registration and Accounts
3.1. In order to use certain features of the Site or Services, you may be required to register for an account (“Account”) with us and provide certain information about yourself as prompted by the Site registration form, which information may include your full name, email address, date of birth or any other personal information we may require from you to provide the Services. The use of your personal information is fully explained in our Privacy Policy.
3.2. You represent and warrant that all required registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.
3.3. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirement.
4. Ownership of Intellectual Property
Intellectual Property Owned By LukeNarwhal
4.1. As between you and us, we retain all right, title, and interest in and to the Site and the Services, which includes all, trademarks, copyright, moral rights, rights of publicity, patent rights, trade dress, and service mark rights, goodwill, trade secret rights and other intellectual property rights (“Intellectual Property Rights”) as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
4.2. All rights in and to the Site and the Services not expressly granted herein are reserved, accordingly, you may not copy, distribute, publicly display, or create derivative works from any copyrighted work made available or accessible via the Site or the Services.
4.3. All trademarks, logos, and service marks (“Marks”) displayed on the Site or Services are either our property or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s), such as our ambassadors, where such Marks are not owned by LukeNarwhal.
Intellectual Property Rights in respect of Submitted Content
4.4. You agree that any content that you submit on the Site, including the Submitted Content, does not and will not violate third-party rights of any kind, including without limitation any confidential information or Intellectual Property Rights, rights of publicity and privacy.
4.5. By uploading, publishing, modifying, or displaying any content, including the Submitted Content, to LukeNarwhal on any part of the Site or Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such content for any purpose on or in connection with the Services. LukeNarwhal reserves the right but is not obligated, to reject and/or remove any content that LukeNarwhal believes, in its sole discretion, violates these provisions or any other provision of these Terms.
4.6. We agree that the license made reference to in paragraph 4.5. above may be terminated by deleting the Submitted Content or Account, however, if such content has been shared by others you have shared it with, then it will continue to be displayed on the Site.
5. Your Commitments
5.1. In addition to any other restrictions contains in these Terms, you agree not to submit user, or otherwise take part in any activity on the Site or that:
5.1.1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or other third party;
5.1.2. may create a risk of any other loss or damage to any person or property;
5.1.3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
5.1.4. may constitute or contribute to a crime or tort;
5.1.5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
5.1.6. contains any information or content that is illegal in your own country or the United States of America, (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
5.1.7. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
5.1.8. contains any information or content that you know is not correct and current, including impersonating any other person; or
5.1.9. attempts to create accounts or access or collect information in unauthorized ways, which includes creating accounts or collecting information in an automated way.
6. Restrictions on Your Use of the Services
6.1. You agree to not use the Site and Services to:
6.1.1. combine or integrate the Site and the Services with hardware, software, or other technology or materials not provided by us;
6.1.2. violate any local, state, national or international law;
6.1.3. decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code;
6.1.4. modify or create any derivative product based on the Site and/or the Services;
6.1.5. collect or store personal data about other users;
6.1.6. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
6.1.7. rent, transfer, assign, resell or sublicense access to the Site or Services to any third-party;
6.1.8. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
6.1.9. use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; and
6.1.10. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Site or Services including any future release, update, or other addition to functionality of the Site or Services, which shall also be subject to these Terms.
7. Claims of Intellectual Property Infringement
If you believe that any content on our Site or Services, including the Submitted Content, infringes upon your Intellectual Property Rights (or the rights of any part you have the right to represent in intellectual property proceedings), please send us an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a 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; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the Intellectual Property Rights owner or authorized to act on the Intellectual Property Rights owner‘s behalf. Claims of Intellectual Property Rights infringement can be sent to: luke(at)lukeswebservices.com
8. Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUKENARWHAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LUKENARWHAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICE OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY RELATED SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
9. Limitation of Liability
LUKENARWHAL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF LUKENARWHALl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LUKENARWHAL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF LUKENARWHAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LUKENARWHAL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LUKENARWHAL’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
10. Indemnity
10.1. You agree to indemnify and hold LukeNarwhal and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.
10.2. The User is advised that any information made public through your profile or interaction with the Services, can lead to hackers accessing your Account, harassment, or other forms of harm, and whilst LukeNarwhal takes all reasonable measures to ensure the safety of your private data, it cannot be held liable for public disclosures of personal information that is identifiable, accordingly, LukeNarwhal disclaims any liability arising from the loss contemplated herein. Should you notice any suspicious activity or suspect anyone of hacking your Account or any other breach of security, you agree to notify us immediately.
11. Miscellaneous
11.1. These Terms constitute the entire agreement between you and us with respect to your access to and use of the Site and Services.
11.2. We reserve the right to terminate these Terms, your access to the Site and the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site.
11.3. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
11.4. If any provisions hereof are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
11.5. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11.6. The section titles in these Terms are for convenience only and have no legal or contractual effect.
11.7. The Site and Services are hosted in the United States of America and operated in Canada and we make no representation that any content is appropriate for access outside of Canada. Those who choose to access the Site and Services from outside of Canada do so on their own initiative and are responsible for compliance with local laws. These Terms shall be construed and enforced in accordance with the laws of Nova Scotia, Canada, without regard to any conflict of law provisions, and any and all legal actions in connection with the Site, Service, and/or these Terms of Service shall first be attempted to be resolved through negotiation by the parties, for a period of no less than 30 days, and failing which, through the courts located in Nova Scotia, Canada.