Terms & Conditions
The Company may modify this Agreement from time to time and each modification will be effective when it is posted on the Company Website. You agree to be bound to any changes to this Agreement through your continued use of the Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Third Party Sites and Links. From time to time the Services may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the links and website(s). We have no responsibility for the content of the linked website(s).
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others.
Mobile Access. Our Services are accessible for viewing on mobile devices. The Company does not charge for viewing the website, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user. There may be additional fees such as purchasing items through the website which are again, expenses incurred by the User/Visitor of the website and its Services.
Minors. Our Services are directed at those who are 18 or older. However, you may use our Services if you are 13 or over, but only with the permission and under the supervision of a parent or legal guardian. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13.
Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. Upon registration and acceptance of our Terms, the Company grants you a limited license to make personal use of our Site and Services in accordance with this Agreement as outlined herein, and to view the webpages and participate in our Services. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services or other Site and services. You further agree that you will not use the Site or Services to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising or solicitation for products or services of any kind, unless expressly authorized to do so by us. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability.
Limited License To Access and User (also known as Contributor) Content. Upon acceptance of this Agreement, the Company grants you a limited license to make personal use of our Site and Services in accordance with this Agreement as outlined herein. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other users or Registered Users through the Service. The Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the Services. You represent and warrant that you own the User Content posted by you on or through the Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant the Company and its Services the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property 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 User Content posted by you to or through the Services.
Unless otherwise specified, we do not claim ownership of your Content. You continue to retain such rights in such User Content as you held prior to posting such User Content on the Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing, posting, uploading, inputting, providing, emailing, or submitting your Content on or through the Services (also known as Submissions), you are granting the Company and its Services permission to use your Content in connection with the operation of our businesses (the Company and its Services). You grant the Company a non-exclusive, transferable, sublicensable, unrestricted, irrevocable, perpetual, royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish through any media now known or developed in the future, via our Site or Services (digital and/or print) any information you submit to or send us for the purposes outlined within the context of the Submission or herein. Without this license, the Company would be unable to provide the Services or its publications. For example, the license you grant to the Company is non-exclusive (meaning you are free to license your Content to anyone else in addition to the Company and its Services), fully-paid and royalty-free (meaning that the Company and its Services are not required to pay you for the use of the User Content that you post), sublicensable (so that the Company and its Services are able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).
You also grant us an irrevocable, perpetual royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish (digital or print) your User Content and your name and likeness to promote and advertise our Services for marketing, publicity, and promotional purposes, online and offline, with appropriate copyright notices given where applicable. Unless you are an approved advertiser, and limited to our Agreement, our Services are not intended, and shall not be used, to promote products or services not previously approved by us. It is in our sole discretion to determine what is acceptable Content and Submissions, and we may remove Content, Submissions, links or text at any time.
Photographs used on the Services on in any Services publication will include attribution to the photographer and/or copyright holder. As part of the non-exclusive license you grant to the Company, you agree to allow other Users of the Company and its Services to add your User Content to their Services Inspiration Board(s) and post these Inspiration Board(s) on other websites provided that such use is for non-commercial purposes only.
Content Removal. The Company reserves the right, but has no obligation, to monitor the information or material you submit to the Services. The Company will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
Term. This Agreement shall remain in full force and effect while you use the Services or are a User. The Company may terminate your use of the Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
Content Uploaded, Submitted, Embedded. Please choose carefully the User Content that you upload to, submit to, or embed on the Services and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to, submit to, or embed on the Services any User Content that violates this Agreement or that is contrary to the purposes of the Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the Services any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
The Company does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the Services and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and the Company assumes no responsibility or liability for this material. The Company makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via the Services. If you become aware of any inappropriate User Content on the Services or any misuse of the Services by any person, please contact the Company at hello (at) cocolilymagazine (dot) com with Subject: Red Flag
The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to the Company and its Services or others (including without limitation Third Party Content or the Services Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. You agree that the Company and Service's Intellectual Property may not be used without the express written permission of em09 Media Group Inc. You shall not ( i ) remove or obscure any intellectual property notices; ( ii ) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Intellectual Property for any purpose ( iii ) re-engineer, modify, or create any derivative work of any Intellectual Property; ( iv ) hold yourself out as the owner or creator of any Intellectual Property on the Site and Services unless you are the owner or licensee of such (including but not limited to text, photos, and recipes). You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Company or Services, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the intellectual property, including copyrights, on our Site, please email us at hello (at) cocolilymagazine (dot) com with Subject: Copyrights. We reserve all rights other than those expressly granted herein.
User Disputes. You are solely responsible for your interactions with other Service Users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
Surveys, Promotions, and Contests. The Company will offer surveys, promotions, and giveaways from time to time on behalf of third parties. Please refer to the Terms for each individual giveaway, survey, and promotion. No aspect of a promotion or contest is conditioned upon the purchase of a product or payment of any kind. Contests are open to legal residents of Canada and the United States, who are 18 and older as of the date of the opening of the promotion or contest. Any contests for event tickets with gift cards/packages must be claimed on the day of the event and in person with government issued photo ID. Contests are void where prohibited or restricted by law. Employees, contractors, and their immediate families are not eligible to enter our contests.
Without limiting the generality of the foregoing, the Company is not responsible for any incorrect or inaccurate Content posted within the Company website or in connection with the Services. User Content created and posted on the Company Website may contain links to other websites. The Company is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by the Company. When you access these third-party sites, you do so at your own risk. The Company 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. The Company is not responsible for the conduct, whether online or offline, of any User of the Services. The Company 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 communication or any Content. The Company 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 the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Company and/or Service 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 Company cannot guarantee and does not promise any specific results from use of the Services.
The information contained in this website is for general information purposes only. While we endeavor to keep all information and links up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website(s) or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING GOODS SOLD HEREIN. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, AND ADVERTISERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY GOODS OR SERVICES PROVIDED ON OR THROUGH THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS SERVICES SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.THE ENTIRE LIABILITY OF THE COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, THIRD PARTY PROVIDERS, AFFILIATES AND ADVERTISERS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR $1 CDN. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You also agree to defend, indemnify and hold COCOLILY & Co., The COCOLILY Society, COCOLILY Magazine, cocolilymagazine.com, cocolilyandco.com, em09 Media Group Inc./ the “Company” and its related companies, divisions, and subsidiaries harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms and conditions by you or users of your account, or in connection with the use of this website, events or the placement or transmission of any information or other materials on this website, Services and events by you or users of your account or your attendance at any event produced by the Company.
The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Company in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Company.
Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside.
Disputes; Choice of Law; Venue. If there is any dispute about or involving the Company and its Services, you agree that the dispute shall be governed by the laws of the City of Mississauga, Ontario, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the municipal and federal courts of Canada located in the city of Mississauga, Province of Ontario. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR LIABILITY OCCURS THAT INVOLVES A COMPANY OR SERVICE OR OTHER SUBMISSION, OR RELATES TO ANY OFFLINE ACTIVITY SUCH AS AN EVENT HIGHLIGHTED ON THE SERVICE, YOU RELEASE THE COMPANY, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND ADVERTISERS FROM CLAIMS. WE PROVIDE A COMMUNITY SETTING TO SHARE INFORMATION ABOUT LIFESTYLE, TRAVEL, CELEBRATIONS, INSPIRATIONS AND ENTERTAINING, AND ARE NOT RESPONSIBLE FOR ANY ACTIVITY OR BEHAVIOR OF ANY PARTY, INCLUDING OFFLINE ACTIVITY, THE SERVING OF ALCOHOLIC BEVERAGES AT A VENUE, ANY ACCIDENTS AT, OR TO AND FROM A VENUE HIGHLIGHTED HEREIN. IT IS THE USER'S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SITE AND SERVICES. YOU, NOT THE COMPANY, BEAR FULL AND SOLE RESPONSIBILITY FOR YOUR ACTIVITY.
Term and Termination. This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you will be non-refundable and all outstanding or pending payments will immediately be due. You may terminate your account by discontinuing your use of the Site. In all cases of termination, we will only deactivate your user profile, which does not remove any content you may have contributed to the Site.
Assignment and Succession. Notwithstanding any other provision of these Terms, Company, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign or transfer your rights and responsibilities under this Agreement. This Agreement is personal to you, the Account holder.
Trademarks and Copyrights All of the names, titles, logos, slogans and designs on this website and media kits identifying our products and brands, including any derivative and related names, titles, slogans, logos and design, are trademarks and the sole and exclusive property of COCOLILY Magazine/em09 Media Group Inc. All other names, titles, logos and designs appearing on this website are the property of their respective owners. Any use of any trademarks appearing on the website, or media kits or any of the services without the express written consent of the owner of the trademark is strictly prohibited.
This website and media kit contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images and illustrations (collectively, the 'material') and the entire contents of this website and media kit also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express written consent. The use of any material on any other web site or media kit is prohibited.
Claims of Copyright Infringement. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
Advertiser Pricing and Refunds. All advertising features available through our Services are non-refundable. You acknowledge that you have legal authority to enter into this Agreement.
Professional Information Disclaimer
The company may make available certain information online, at events and on print by third parties related to professional fields such as, without limitation, medicine and other health and fitness related matters, law, financial planning, beauty, fashion, food, recipes, home, planning, counseling (the “professional information”). The professional information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of this website or attending the event does not replace consultations with a qualified medical, legal, financial or other relevant professional. The website and event is also not liable for any entertaining and food recipes, tips or product that is provided for you; as they are forms of entertainment purposes only. In addition, while the professional information is frequently updated, this information changes rapidly and therefore, some of the professional information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the professional information rests with you. You agree that the company, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such professional information. Professional information (including any facts, views, opinions, recommendations, description, workshops, seminars, recipes, or references to products or services) made available by the website and event is: (a) for information purposes only: (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy or an endorsement, recommendation, or sponsorship of any entity or security by the website and (c) not necessarily reflective of the views or policy of the company or the website, events, including the publisher, contributors and staff and advertisers on this website.
We make reasonable attempts to exclude viruses from the website, but cannot ensure that the website will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the website or downloading anything from the website.
Event Cancellation and Refunds
All event tickets are non-refundable unless the event is cancelled by event producers 'the company' at which point the ticket is refundable minus $5.00 processing fee. No refunds will be made or exhibition visitor passes, exhibitor staff, guest passes or contest passes.
If you have any complaint post event, please notify the company within 5 business days post event via the Contact page. Any concerns or complaints after the 5 business day deadline (post-event) will become void and not valid. We will then do our utmost to find a speedy and satisfactory solution.
Photographs and Film
The company reserves the right to photograph and videotape all events and participants and to use such photographs and videos in any internal and external communication referring to the events, including, but not limited to, its websites and mobile application, social media pages, marketing and press, program, newsletters, exhibition guide and in its annual reports. You hereby consent to such uses.
Should for any reason outside the company's control (including but not limited to acts of terrorism, extreme weather conditions and/or industrial action) the venue or speakers change, or the event be cancelled, the company will endeavor to re-schedule, but shall not be held responsible for any costs, damages incurred by registrants. If for any reason the company decides to make material changes to an event, they are not responsible for airfares, hotels or other costs incurred by registrants. The customer takes part in the event, all tours and trips at his/her/their own risk. Further, the company will not be held liable nor any costs or damages incurred resulting from acts outside of their control including but not limited to force majeure, strikes and/or public manifestations. Only written arrangements are binding.
Right to Refuse Service
By purchasing an event ticket, you agree to exhibit appropriate behavior and to abide by the policies herein. We have the right to refuse service to and/or ask attendees who violate this policy to leave an event. We also have the right to refund future event tickets to attendees who have violated or threatened to violate this policy.
Limitation of Liability
The company shall not, under any circumstances whatsoever, be liable or responsible for a) any loss, medical or health matter, allergic reaction, injury, damage, theft, or destruction whatsoever or howsoever caused to any persons, goods, equipment or any other property belonging to the event attendee, the attendee attending the event, or for which the event vendor is responsible b) any damage or injury suffered by the event attendee, vendor or his/her servants or agents or by any other person c) any loss, damage or expense whatsoever suffered by the event attendee or event vendor by reason of change in date, time or place of the Event or the abandonment of thereof. The event vendor and the event attendee shall be liable for all food and beverage consumption at their own risk, loss, damage, injury, claim costs and expenses whatsoever or howsoever caused by any person or property in any circumstance whatsoever by the venue, food & drink served/consumed, event vendor, his/her servants, or agents of the goods, exhibits, fittings, machinery and other property belonging to the event for which the event vendor/attendee is responsible and the event vendor/attendee hereby agrees to indemnify the company in respect of a) any such loss, damage, death, injury, claims, costs expenses as foresaid.
You specifically acknowledge and agree that the company is not liable for any defamatory, offensive or illegal conduct for any user or attendee. If you are dissatisfied with any website, event or magazine material, or with any terms and conditions, your sole and exclusive remedy is to discontinue using the website or attending the event.
Website copyright 2017 em09 Media Group Inc. ©