SILLY SCOOPS PRIVACY POLICY and
CHILDREN'S PRIVACY NOTICE
Effective Date: 7th February, 2017
Ganz, an Ontario partnership that owns and operates the Service (defined below) ("Ganz" "we" "us" "our"), appreciates consumer interest in how their Personal Information (defined below) is dealt with and provides this Privacy Policy and Children's Privacy Notice (collectively the "Privacy Policy") for your information. This Privacy Policy applies only to our data collection on the Silly Scoops website or any other site, app or online service that we operate and that posts this Privacy Policy ("Service"), and not to data we collect or receive via our other products, sites, services or apps or otherwise outside of the Service, except as specifically provided herein. When you provide us with your information via the Service, you acknowledge that the information may be stored and processed on servers located in Canada.
By visiting or otherwise using the Service, you agree to the Service's Terms of Use and consent to our data collection, use, and disclosure practices and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service, and uninstall Service downloads and applications.
The Service is intended for users at least of the age of majority where they reside and access the Service ("Age of Majority"), with the exception of any specially designated children's or kid's area we may offer from time-to-time ("Children's Area"), which will be for all ages. We do not promote the Service in children's media, other than the Children's Area specifically. Although this is a Canadian service, we will treat the Children's Area as required by the U.S. Children's Online Privacy Protection Act ("COPPA"). The rest of the Service will be as a general audience service under COPPA, and is targeted to the trade and parents and other adult consumers. We do not intend to collect personal information as defined by COPPA ("Children's Personal Information") that would require verified parental consent or otherwise in a manner that is not permitted by COPPA. However, consistent with COPPA, we, and Third-party Services (defined below) that may be associated with the Children's Area (e.g., analytics vendors), may collect IP address and other unique identifiers of visitors to support the internal operations of the Service or a Third-party Service. If we obtain knowledge that we have collected Children's Personal Information in a manner not permitted by COPPA, we will remove or otherwise treat such data as required by COPPA.
As a best practice we may age gate certain functionality or content outside of the Children's Area or segregate certain functionality or content into designated parent or other sections of the Service. For instance, YouTube video links can be submitted to us for consideration for promotion behind such an age gate. Further, the parent's section of the service, which is clearly designated for parents (but does not have an age gate), may include social media plug-ins, may otherwise collect PII (defined below), and may link off to sites and services not intended for children (e.g., Facebook). Parents should not enable or allow their children to view or use the general audience sections of the Service, including without limitation the parent's section or any age gated content or functionality.
Ganz is the "operator" of the Service as such term is defined by COPPA, and may be contacted regarding COPPA matters as set forth in Section 12, below. Third-party Services may operate cookies associated with the Children's Area of the Service such as Google Analytics.
This Privacy Policy is applicable to all users of the Silly Scoops website who provide personal identifiable information ("PII") via the Service. When this Privacy Policy uses the term "PII", we mean information that identifies a particular individual, such as the individual's full name (first name and surname together), postal address, and email address. Some jurisdictions may call personally identifiable information "personal data" or "personally identifying information," and may include opinions about or related to a user within the definition of PII. We sometimes refer to PII in this Privacy Policy as "Personal Information." As permitted by applicable law, we limit our definition of PII and Personal Information to what is required by the laws of Canada. In addition, Personal Information, including, without limitation, PII we collect ourselves through the Service ("Ganz-collected PI"), once "de-identified" (i.e., the removal or modification of the personally identifiable elements, or the extraction non-personally identifiable elements) will be treated by us, as permitted by applicable law, as "non-Personal Information" and may be used and shared without obligation to you, except as prohibited by applicable law. To the extent any non-Personal Information is combined by or on behalf of Ganz with Ganz-collected PI, Ganz will treat the combined data as Ganz-collected PI under this Privacy Policy
3. Personal and Other Information Collected by GanzGanz collects Ganz-collected PI that is voluntarily provided by you when enter a promotion, or engage in a Service activity, such as a video submission program, sweepstakes or skill contest, answer our polls or survey, or communicate with us by mail, telephone or electronically. The type of information we collect and maintain may include your name, mailing address, email address, telephone number, gender, date of birth, purchase history, complaints you may have about our products or services, a record of promotions offered to you, etc. This type of information is collected, used and disclosed in accordance with the form of consent required by applicable law and its use is limited to the objectives for which it was collected as described in this Privacy Policy.
Ganz may also collect information that is stored in cookies and other now and hereafter known tracking technologies ("Tracking Technologies"), and we may associate this information with your Personal Information. Cookies are small pieces of information stored on your browser, hard drive or other device. We use cookies for a number of reasons. Cookies also help us to tailor messages that better match your needs and interests and they allow us to better understand how users in general use our Service, which in turn helps us to focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our Service may not work properly if you do. Third-party Services may also associate Tracking Technologies with your device when you visit our Service and we are not responsible for them or their practices. You can use a browser plug-in available at www.ghostery.com to look for cookies and find out more about their operators. We do not warrant the completeness or accuracy of Ghostery information or its service.
We reserve the right to collect, use and disclose your Personal Information without consent where required or permitted by law, and you consent to our collection, use and disclosure of your Personal Information and other data as set forth in this Privacy Policy as permitted by applicable law.
Otherwise, Ganz-collected PI will be collected, used and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending upon the circumstances and the sensitivity of the type of information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g. by giving us your name and contact information so that we may send the items you have ordered) or inaction (e.g. by not exercising an ability to opt-out that is provided to you at the time your contact information is collected). This Privacy Policy identifies the purposes for which your Ganz-collected PI is collected, used and disclosed. Additional consent will be obtained from you should we wish to use or disclose your Ganz-collected PI for any additional purpose if required by applicable law.
As permitted by applicable law, Ganz may collect Ganz-collected PI for the following reasons:
(a) To better understand you, to allow us to serve you better through enhanced products, customer service and directed Ganz promotional efforts of particular interest;
(b) To properly investigate and respond to any complaints, questions or concerns you may have about our products or services;
(c) To determine your eligibility for our promotions and contests;
(d) For the operation of our Service and/or business; and
(e) To contact you about your submissions or other Service activities.
Without limiting the generality of the forgoing, if you opt in to receive offers, promotions or other information from Ganz, your information may be used to provide you with promotional offers for Ganz products that we believe may interest you and to solicit your opinion on our products and services. We may also use your Personal Information to ensure that your contact information is accurate and up to date.
Ganz may share your Ganz-collected PI with other members of the Ganz corporate group, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified under the heading "Why Does Ganz Collect Personal Information?"
(a) To Third Parties To Perform Processing and Other Specialized Services: At times, Ganz may use outside organizations to perform specialized services such as, but not limited to, management of online contests. These service providers are only given the information needed to perform those services and we do not authorize them to use Ganz-collected PI for other than the service being provided.
(b) To Third Parties in the Event of Legal Reasons: We advise you that we may disclose Personal Information to the government or other legal or regulatory authorities (i) if so ordered by a court of law or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the company's rights and property; (c) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our Service; or (e) in emergencies, such as when we believe someone's physical safety is at risk. In some cases, disclosure may be permitted or required by law to be without notice to you.
(c) To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving Ganz or any of its related entities or divisions such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency ("Corporate Transaction"), other parties to the transaction and their professional advisors may need to have access to Ganz's customer lists and various databases as part of the due diligence process and other Ganz-collected PI. In this event, Ganz would only provide such access under terms of a confidentiality agreement. Also, upon completion of the transaction or event, your Ganz-collected PI and other information may be transferred to Ganz's successor-in-interest to be used for the purposes not inconsistent with applicable law or the privacy policy or representations applicable to its collection.
However, other than to our affiliates or as part of a Corporate Transaction, we will not share your Ganz-collected PI with third parties for their own direct marketing purposes unless you consent.
We keep your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. When your Ganz-collected PI is no longer required for a specific purpose or legal requirement, we will make good faith efforts to erase it from our records, though erasure may not be complete and back up or residual data may persist. Unless otherwise required by applicable law or reasonable ongoing business necessity, our policy is not to retain Ganz-collected PI longer than seven (7) years.
8. What Security Measures Does Ganz Have in Place To Safeguard Personal Information?Ganz has implemented physical, electronic and administrative measures to help protect your information from error, loss or unauthorized access, which we believe are reasonable under the circumstances and consistent with what applicable law requires.
9. Where is my Personal Information Located?Ganz is based in Canada and the information Ganz and its service providers collect is governed by Canadian law. If you are accessing the Service from outside of Canada, please be aware that information collected through the Service may be transferred to, processed, stored, and used in Canada. Data protection laws in Canada may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in Canada as set forth in this Privacy Policy.
Your Ganz-collected PI may be stored and processed in servers, including those of our authorized third parties, located in Canada. These servers shall always be subject to the safeguards described in this Privacy Policy to protect against unauthorized collection, use or disclosure, and you shall be able to access the personal information stored in such servers in accordance with this Privacy Policy.
Users may, through hypertext or other computer "links," plug-ins, or otherwise gain access to other websites and online services on the Internet which are not operated by Ganz ("Third-party Services"). Ganz is providing access to Third-party Services to you only as a convenience, and we do not endorse and are not responsible for Third-party Services. GANZ ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICES OPERATED BY GANZ AND ITS AFFILIATES, INCLUDING ANY WEBSITES WHICH MAY BE ACCESSED THROUGH A LINK ON A GANZ OPERATED WEBSITE, AND OTHER THIRD PARTY SERVICES. Unless otherwise indicated at a Ganz operated service, Ganz is not sponsored by or affiliated with the Third-party Services, and trademarks used in connection with Third-party Services are not trademarks of Ganz. Ganz specifically disclaims responsibility for any inadvertent viewing by anyone under the Age of Majority of any material intended for adults on a Third-party Service accessed through or from our Service and in all other respects related to Third-party Services. You are encouraged to review the privacy policies and terms of use of Third-party Services before using them.
11. How To Control How Your Personal Information is Collected, Used and DisclosedAs required by applicable law, you have certain control over how we collect, use and disclose your Personal Information. Any comments, questions or changes regarding the collection, use and disclosure of your Personal Information shall be directed to Ganz Customer Service Department, as described in Section 12 below.
As required by applicable law, you may choose not to receive certain types of email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from such emails (e.g., emails not related to processing of your transactions with us) are included in each such email.
A request for a copy of the Personal Information we keep about you, depending on the laws of your country, must be made in writing (to us as described in Section 12 below) giving details with which Ganz can identify you. Information will be furnished in accordance with applicable law.
If you have any questions or comments about Ganz's Privacy Policy, or to the extent you have the right to do so under applicable law, would like to advise us how you would like your Personal Information not to be used or disclosed, or would like to access or update your Personal Information, please contact our webmaster at customerservice@ganz.com. You can also write to us at Silly Scoops c/o Ganz, One Pearce Road, Woodbridge, Ontario, L4L 3T2, Canada (Attn: Privacy/Legal).
Please note that certain information is required by Ganz to process payment and fulfill any orders that you may place through a Ganz service, and if you withdraw your consent to the collection, use or disclosure of your Personal Information for these purposes, then Ganz will not be able to fulfill your orders.
If, after contacting our customer service representative, your concerns or questions have not been resolved to your satisfaction, you can contact Ganz Legal Department in writing via mail or fax:
Ganz
Attention: Legal Department
One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2
Fax Number: 888-633-0343
This Privacy Policy outlines the information collection and usage practices of Ganz in connection with the Service. By accessing, browsing or using the Service, or by submitting your Personal Information to Ganz in connection with the Service, you signify your agreement to our practices as set forth in this policy or as otherwise provided to you at the time and point of collection. If you do not agree to this policy, please do not submit your Personal Information to us in connection with the Service, or use the Service. We reserve the right, at our discretion, to change, modify, add or remove portions of this Policy at any time, which will become prospectively effective upon posting it to the Service. However, if at some point in the future, there is a material change to our information usage practices that affects your Personal Information collected under a prior policy, either the prior policy shall continue to govern that Personal Information or you will be notified of such change by a conspicuous posting on the Service and will be prompted to elect whether or not you agree to the change. Depending on the changes made, you may be unable to utilize the Service if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions, if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised policy, which may be communicated by clicking to indicate your consent for the continued provision of your personal information to Ganz following the effective date of any changes to this Privacy Policy shall mean that you have accepted those changes, subject to your continuing right as may be required by applicable law to notify us at any time as to how you would like us to treat your Personal Information.
Silly Scoops Terms of Use
These Terms of Use ("Terms of Use") apply to the Silly Scoops website and any other site, app or online service that Ganz, an Ontario partnership ("Ganz"), operates and that posts these Terms of Use ("Service"), however accessed and/or used, whether via personal computers, mobile devices, or other technology ("Device") and other interactive features, applications or downloads that are operated by us that are available through the Service (all of which are part of the Service). By using the Service, you acknowledge that you've read and understood these Terms of Use. Ganz includes all of its subsidiaries and affiliated companies, collectively referred to herein as "Ganz", "we", "our" or "us". Additional terms ("Additional Terms") (e.g., the Silly Scoops Video Submission Terms) that may be posted on the Service may also apply, which will supplement and be incorporated into these Terms of Use. In the event of a conflict between these Terms of Use and Additional Terms, these Terms of Use will apply unless otherwise specifically stated in the applicable Additional Terms.
1) Agreement to Terms of Use and Consent to Privacy PracticesPLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A CONTRACT AND IT BINDS YOU TO OBLIGATIONS TO US, LIMITS OUR LIABILITY AND YOUR REMEDIES, AND GRANTS TO US CERTAIN RIGHTS FROM YOU.
YOU ALSO ACKNOWLEDGE AND CONSENT TO OUR PRACTICES AS SET FORTH IN THE SERVICE'S PRIVACY POLICY.
BY ACCESSING OUR SERVICE, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THE SERVICE'S PRIVACY POLICY AND ARE AGREEING TO BE BOUND BY THEM. IF YOU DO NOT SO AGREE, YOU ARE NOT AUTHORIZED TO USE THIS SERVICE.
WE RESERVE THE RIGHT TO PROSPECTIVELY CHANGE THESE TERMS OF USE AT ANY TIME. YOU ARE RESPONSIBLE FOR CHECKING THEM PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER WE'VE MADE CHANGES WILL MEAN THAT YOU AGREE TO THE CHANGES WITH RESPECT TO SUCH CONTINUED USE. EACH TIME YOU ACCESS OUR SERVICE YOU AGREE AND CONSENT TO THE TERMS OF USE AND PRIVACY POLICY POSTED AT SUCH TIME IN CONNECTION WITH THAT USAGE.
- Service and Content. All of the material featured or displayed on the Service including without limitation all text, graphics, photographs, images, moving images, sounds and illustrations (collectively, "Content") is owned by us, our licensors, or our suppliers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as may be otherwise expressly indicated by us in specific documents posted on the Service, you are authorized to view, play, print and download Content for personal, informational, and noncommercial purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. The Content shall remain the exclusive property of us or our licensors or suppliers, as applicable, unless otherwise expressly agreed by us.
- Trademarks. All of the trademarks, service marks, trade names and logos (collectively, "Marks") used on the Service belong to us or our vendors or licensors. You are prohibited from using any Marks in any way without our prior written consent.
- Notices. You will not remove any copyright, trademark or other proprietary notices from the Service or Content found on the Service.
- Social Content. We may grant you the limited, revocable permission to post and display certain social content ("Social Content") on a third party web site or application that permits you to post content that we make available on the Service for such purpose. You may post such Social Content pursuant to these Terms of Use, but you will not make any other use of or license, distribute, reproduce, or otherwise exploit any part of the Social Content without our express written permission.
- Your Submissions. You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Service, or by means other than the Service, including without limitation via our social media pages and accounts such as Facebook, Twitter and Linkedin) (collectively, "Submissions"), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Policy or applicable Additional Terms. As permitted by applicable law, and subject to any explicit terms of our Privacy Policy and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.
We give you a limited, non-transferable, revocable permission to use our Service for your personal use for display and interaction via your personal Device, so long as you do not:
- use the Content on the Service for any commercial or other unauthorized purpose;
- use the Content or the Service for any illegal purpose;
- attempt to gain unauthorized access to any other user's computer systems or networks associated with the Service or to harm the Service, Ganz, Ganz's systems or other users of the Service;
- modify or attempt to modify or in any way tamper with Service, including without limitation scraping, framing, associating tracking technologies or otherwise;
- use the Service or any of the Content on it in a way that may infringe the intellectual property rights or other rights of us or third parties, including trademark, copyright, right of privacy or right of publicity;
- breach your covenants, obligations, representations or warranties under these Terms of Use or any applicable Additional Terms;
- access or use the Service after your permission to access or use the Service suspended or terminated; or
- interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
Users may, through hypertext or other computer "links," plug-ins, or otherwise, gain access to other websites and online services on the Internet which are not operated by Ganz (collectively, "Third-party Services"). Ganz is providing access to Third-party Services to you only as a convenience, and we do not endorse and are not responsible for Third-party Services. GANZ ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICES OPERATED BY GANZ, INCLUDING ANY WEBSITES WHICH MAY BE ACCESSED THROUGH A LINK ON A GANZ OPERATED WEBSITE OR THIRD PARTY SERVICES. Unless otherwise indicated at a Ganz operated service, Ganz is not sponsored by or affiliated with the Third-party Services, and trademarks used in connection with Third-party Services are not trademarks of Ganz. Ganz specifically disclaims responsibility for any inadvertent viewing by anyone under the age of majority of any material intended for adults on a Third-party Service accessed through or from our Service and in all other respects related to Third-party Services. You are encouraged to review the privacy policies and terms of use of Third-party Services before using them. We do not control Third-party Services, or any of the content contained therein, and you expressly acknowledge and agree that we are in no way responsible or liable for any of those Third-party Services or your interaction with them.
5) MobileThe Service may offer features and services that are available to you via your mobile Device. These features and services may include, without limitation, the ability to upload content to the Service, receive messages from the Service, download applications to your mobile Device or access Service features (collectively, "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
6) Competitions, Sweepstakes, Contests, and PromotionsAny competitions, sweepstakes, contests or other promotions (individually and collectively, a "Promotion") offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, and terms and conditions governing the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
7) Your WarrantiesYou represent and warrant that: (i) you are at least the age of majority in your jurisdiction of residence and you have the legal right and capacity, or if you are under the age of majority in your jurisdiction of residence, you have your parent's or legal guardian's consent to enter into these Terms of Use in your jurisdiction, and that you or your parent or legal guardian (as the case may be) agree to comply with these Terms of Use; (ii) all information you provide to Ganz is accurate and complete; (iii) we shall be free to use and exploit your Submissions without restriction or limitation and without any obligation or liability to you or any third party; (iv) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use and any applicable Additional Terms; and (v) you consent to the collection, use and processing of your data in Canada, the transfer of your data and Submissions to Canada, and the application of Canadian law to your access and use of the Service, and you agree that you will not access the Service from any jurisdiction that would limit such consent, or from any jurisdiction where such access or use would violate any applicable law or cause Ganz to violate any applicable law.
8) TerminationWe reserve the right to suspend or terminate your access to the Service if at any time we suspect your use may be unlawful, violate our rights or the rights of third parties, or violate any provision of these Terms of Use or Additional Terms.
9) IndemnificationIf anyone brings a claim against us related to your actions or use of the Service or your Submissions, you agree to defend (if we request), indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
10) DisclaimersYOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITS ON LIABILITY SET OUT IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, THAT THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, AND ACKNOWLEDGE AND ACCEPT THAT WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE SERVICE AND/OR THIRD-PARTY SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE (IN WHOLE OR IN PART); (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR TO THIRD PARTIES RELATED TO THE SERVICE; OR (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) THESE TERMS OF USE OR ANY APPLICABLE ADDITIONAL TERMS OR THE PRIVACY POLICY; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION, INCLUDING ANY PERSONAL INFORMATION; (C) THE SERVICE; OR (D) ANY OF THE SERVICE CONTENT. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE SHALL BE FOR YOU TO DISCONTINUE USE OF THE SERVICE. IN ANY CASE, OUR AGGREGATE LIABILITY WILL NOT EXCEED TEN DOLLARS ($10).
12) Governing Law; Forum; Other Terms.
- By using the Service, you agree that these Terms of Use, any applicable Additional Terms, the Service's Privacy Policy and your use of the Service shall be governed by and construed pursuant to the laws of the Province of Ontario, Canada, and in the event that you file a lawsuit pertaining to the Service, that the lawsuit will take place in the Province of Ontario, Canada. If any provision of these Terms of Use, or applicable Additional Terms, shall be deemed void or unenforceable, the remainder of these Terms of Use, or applicable Additional Terms, shall nonetheless be enforceable. Our failure to exercise in any respect any right will not be deemed a waiver of any further rights. Any provision that was, by its nature, intended to survive termination of these Terms of Use, or applicable Additional Terms, will survive.
If you have any questions or concerns with these Terms of Use, Additional Terms, or the Service you may contact our customer service department by e-mail at customerservice@ganz.com. If, after contacting our customer service representative, your concerns or questions have not been resolved to your satisfaction, you can contact Ganz Legal Department in writing via mail or fax:
Ganz
Attention: Legal Department
One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2
Fax Number: 888-633-0343
VIDEO SUBMISSION TERMS & CONDITIONS
THIS IS NOT A CONTEST. VIDEOS SUBMITTED FOR REVIEW MAY BE ADDED TO OUR OFFICIAL SILLY SCOOPS PLAYLIST , MAY BE SPOTLIGHTED AS OUR "VIDEO OF THE WEEK", AND/OR USED TO ADVERTISE AND/OR PROMOTE SILLY SCOOPS™. NO PRIZES, ACKNOWLEDGEMENT OR OTHER CONSIDERATION WILL BE AWARDED FOR THE USE OF SUBMITTED VIDEOS.
SPONSORSponsor is GANZ, One Pearce Road, Woodbridge, ON, CANADA L4L 3T2 ("Sponsor").
TERMS AND CONDITIONSThe Terms & Conditions outlined below apply as of the date of submission and will govern the relationship between you (the "Entrant") and the Sponsor. In addition, you accept our Terms of Use and consent to our practices as set forth in our Privacy Policy.
SUBMISSION GUIDELINESBy submitting content (including links to videos)("Video(s)") Entrants represent and warrant that they and their submissions meet all of the following requirements:
- Each Entrant must be the age-of-majority, and have all necessary rights and permissions to grant us the rights and releases granted herein and for us to exercise them without liability to any third party, in order to submit a Video for review.
- All Videos must be uploaded to YouTube.com using a YouTube account belonging to the Entrant of the submitted Video.
- All Videos must be uploaded in horizontal (not vertical) format. If filming with a phone or iPad, the Entrant will need to turn the device sideways.
- All Videos must be an original work created and owned by the Entrant. By submitting the Video for review, Entrant represents, acknowledges and warrants that the submitted Video is an original work created solely by the Entrant and that no other party has any right, title, claim or interest in the Video.
- The Video must not be obscene, provocative, misuse our products or brand, or contain otherwise objectionable content, and such determination is solely at the discretion of Sponsor.
- The Video must not contain third-party copyrighted images, recordings (including music) or other works, trademarks, servicemarks, logos, or other intellectual property belonging to any third party.
By submitting a Video, the Entrant grants a royalty-free, irrevocable, unlimited, perpetual, worldwide, non-exclusive, transferable and sublicensable license to Sponsor and its designees, licensees and affiliates (collectively, the "Authorized Parties"), to link to, display, reproduce, distribute and create derivative works of and otherwise use and exploit the Video (including, without limitation, the depictions and recordings of persons therein and all associated rights or publicity), including without limitation in connection with the commercial promotion of Sponsor and its products and services, in any media now or hereafter known, including, but not limited to: display on social media platforms, digital and traditional advertising and product catalogs. Authorized Parties will not be required to pay any additional consideration, provide any credit or attribution to Entrant or others, or seek any additional approval in connection with the use of the Video as described herein. The Entrant further hereby waives all moral rights in and to the Video in favor of the Authorized Parties, and to the extent not waivable irrevocably agrees not to interfere with Authorized Parties exercise to the rights and releases granted herein.
Without limiting the generality of the forgoing, by participating, the Entrant forever agrees to release, discharge and hold harmless the Authorized Parties (and their respective partners, affiliates, subsidiaries, agents and their employees, officers, directors, and representatives,(individually and collectively, the "Released Parties") from any and all claims, losses, and damages arising from or in connection with the Video, the Entrant's submission of the Video, the use of the Video by the Authorized Parties as permitted by this agreement, or any other activities associated with the Video, including but not limited to claims of infringement of intellectual property or of rights of publicity.
Media Relations
United States
Ganz USA LLC
140 Colony Center Drive, Suite 100
Woodstock, GA 30188
Tel: 1-800-724-5902
Canada
Ganz
One Pearce Road
Woodbridge, ON L4L 3T2
Tel: 1-800-263-2311
Email: headoffice@ganz.com
Media Inquiries:
Susan O'Halloran, Communications Manager
susanv@ganz.com
905-851-6661 x2375
Ganz SHOWROOM LOCATIONS
Atlanta Gift Market - 230 Spring Street N.W., Atlanta, GA 30303 Showroom #1519
Toronto, Canada - 1 Pearce Road, Woodbridge, Ontario
World Market Centre - 455 South Grand Central Parkway, Las Vegas, Nevada 89106, Showroom C-912