Articoz

Home » Terms & Conditions

Terms & Conditions

Articoz Terms of Use Agreement

Last updated on June 1st, 2011

Preface:

PLEASE READ THE FOLLOWING CAREFULLY. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE.

This Agreement (the “Agreement”) describes the terms and conditions applicable to your use of “Articoz News Group Inc.” Internet sites, including, but not limited to, Articoz.com, Articoz.org, Articoz.net, Articoz.us, Articoz.eu and Articoz.ca (each a “Site” and collectively the “Sites”). Before you may become a user of a Site you must read, agree with and accept all of the terms and conditions contained in this Agreement, and those incorporated by reference, and our Privacy Policy (the “Privacy Policy”). We strongly recommend that as you read this Agreement you also access and read the other pages and websites to which we refer, as they may contain further terms and conditions that apply to you as a user of a Site. By using a Site and any of the services provided on it by us (the “Services”) you agree, without limitation or qualification, to be bound by this Agreement.

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“Articoz” / “Articoz News Group” / “Articoz News Group Inc.”)have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

The Sites are owned and operated by “Articoz News Group Inc.”, a company incorporated in the Province of Nova Scotia, from its office at 58 Theakston Avenue, Halifax, NS, B3P 2S8. We reserve the right to modify, alter, or update the terms and conditions in this Agreement at any time by posting the amended Agreement on the Sites. Your continued use of a Site signifies that you agree to be bound by such modifications, alterations or updates.

I. TERMS OF USE

I.1. General:

The Site provides an interactive online service operated by Articoz News Group Inc. on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Articoz, affiliates of Articoz or merchants (“Merchants/ Advertisers”) offering vouchers for sale (“Vouchers/ Coupons/ Deals”) which may be exchanged for goods/services at Merchants and other third parties.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Articoz, and Articoz shall not be responsible for any data lost while transmitting information on the Internet. While it is Articoz’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Articoz, access to the Site may be interrupted, suspended or terminated from time to time.

Articoz shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Articoz may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 15 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 15 may use the Site.

I.2. Modified Terms:

Articoz reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If Articoz makes any substantial changes, we will notify you by posting notice of the change on the Site [on this page]. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to Vouchers/ coupons purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any Vouchers purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

I.3. Equipments:

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Articoz shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

I.4. Registration, User Conduct, License Granted and Indemnification:

Your right to use the Sites is not transferable. If you become a registered user of the Sites and are allowed access to password-protected areas, you agree to keep your password confidential and to send Notice to “Articoz News Group Inc.” within [24] hours if your password is compromised. You agree that “Articoz News Group Inc.” may, in its sole discretion, suspend or terminate your password, account or access to any or all of the Sites and remove and discard any of your information and postings, including, without limitation, any Materials, at its convenience or for any reason. You agree that suspension or termination may occur without prior notice and that “Articoz News Group Inc.” will not be liable to you or any other party as a result of suspension or termination.

You understand that all Content that may appear on the Sites is the sole responsibility of the person posting it. This means that you, and not “Articoz News Group Inc.”, are entirely responsible for your Materials. We do not pre-screen the Materials or the Content and do not guarantee the accuracy, integrity, or quality of anything that may appear on the Sites or any of the third party information, products or services that may appear. You understand that by using a Site, you may be exposed to Materials and Content that are inaccurate, objectionable, defamatory, or perhaps, worse. Under no circumstances will we be liable for any errors or omissions in any of the Materials or Content or for any loss or damages of any kind incurred as a result of the use of the Materials or Content.

If you submit Materials to a Site you represent that you are the sole owner of all rights in them (including all related copyrights) or that you have the absolute right to license their use as provided for in this section. While you will retain ownership of the copyright in the Materials, you agree that all Materials shall become part of the database and Content of the Sites, and that we own the compilation copyright in that database and Content. In addition, you grant us a perpetual, worldwide, irrevocable, non-exclusive, unlimited license to use, reproduce, modify, publish, publicly perform, publicly display and distribute such Materials, any portions of such Materials and any derivative works created from such Materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses in the Material you post or assign them to third parties. Neither we nor any third party using the Materials will be obligated to pay you any royalties or other compensation for that use. You waive any and all moral rights that you may have in the Materials.

You agree that your use of a Site and Services will be in compliance with all applicable laws and regulations.

You agree that you will not:

1. transmit any message, information, data, text, Content, or Materials that are unlawful, harmful, hateful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy or is otherwise objectionable in our discretion;

2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. post or transmit any computer virus or any other software or graphic files on a Site;

4. post, disseminate or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation on a Site;

5. use any device, software or technique to interfere with or attempt to interfere with the proper working of a Site;

6. intentionally or unintentionally violate any applicable local, provincial, national or international law while using or accessing a Site;

7. post any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements) or any Materials that infringe any patent, trade mark, trade secret, copyright or other proprietary rights of any party;

8. redeliver any of the Content using “framing”, hyperlinks, or other technology without express permission;

9. take any action which imposes an unreasonable or disproportionately large load on “Articoz News Group Inc.” infrastructure;

10. omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any Content or Materials;

11. disrupt the normal flow on a Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; and

12. interfere with, disrupt, or harm in any way the servers or networks connected to a Site or the third party services.

If you become aware of any Content or Materials on a Site that violates this Agreement, please e-mail us the offending person’s identification and cut and paste the relevant content into an e-mail to [flagit@articoz.com]. We cannot guarantee that any action will be taken as a result of your e-mail.

You acknowledge that “Articoz News Group Inc.” has the right, but no obligation, to monitor the Sites and to disclose any information necessary to operate the Sites, to protect “Articoz News Group Inc.”, and “Articoz News Group Inc.” customers, and to comply with legal obligations or governmental requests. We and our designees shall have the right, in our sole and unfettered discretion, to edit, to refuse to post, or to remove any information, Materials, or Content posted on a Site. Without limiting the foregoing, we and our designees shall have the right to remove any Materials and Content that is in violation of the provisions hereof or, in its sole discretion, is otherwise deemed objectionable.

You agree to indemnify, defend and hold “Articoz News Group Inc.” and its subsidiaries, partners, attorneys, officers, directors, employees, suppliers and affiliates (collectively, the “Articoz News Group Inc.”) harmless from any demand, liability, loss, claim and expense, including, without limitation, reasonable attorney’s fees, related to your violation of this Agreement, use of a Site or violation of any rights of another.

I.5 End User Conduct:

This Site and any individual sites or merchant-specific, city-specific, or State/province-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Micro-sites”) are private property. All interactions on this Site and/or the Micro-sites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Micro-sites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Articoz’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Articoz’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Micro-sites is strictly prohibited. End User shall not use this Site or any of the Micro-sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Micro-sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Articoz.

The foregoing provisions of this Section apply equally to and are for the benefit of Articoz, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

I.6 Proprietary Rights:

The Sites and their content, including, without limitation, trade-marks, text, data, information, images, illustrations, audio clips, video clips are, and shall continue to be, owned by or controlled either exclusively by “Articoz News Group Inc.” or by third parties who have licensed their material to us (the “Content”). All Content is protected under applicable copyrights, patents, trade-marks, trade dress, and/or other proprietary rights. Under no circumstances will you acquire any ownership rights or other interest in a Site or any of its Content by or through your use of or any posting to any of the Sites, with the exception of any proprietary rights you may have in the information, comments, opinions, papers, recommendations, or any other form of content that you post or provide (collectively, the “Materials”). Unless otherwise noted on a Site, all other trade-marks, service marks, and logos used in it are the trade-marks, service marks or logos of their respective owners.

I.6.1 Copyrights and Trademarks.

Everything located on or in this Site, including the Micro-sites, is the exclusive property of Articoz News Group Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICRO-SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF ARTICOZ NEWS GROUP INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

This Site and any Micro-sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Articoz owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Articoz or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Micro-site otherwise owned or operated in conjunction with Articoz shall not be deemed to be in the public domain but rather the exclusive property of Articoz News Group Inc., unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Articoz unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Articoz does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Micro-site, End User warrants that the owner of such material has expressly granted Articoz the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants Articoz the right to edit, copy, publish and distribute any material made available on this Site or any Micro-site by End User.

The foregoing provisions of this Section apply equally to and are for the benefit of Articoz, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

I.6.2 Copyright Policy:

Articoz reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Articoz by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Micro-site in a way that constitutes copyright infringement, you shall provide Articoz with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Micro-site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Articoz’s Copyright Agent for notice of claims of copyright infringement is as follows:

Articoz News Group Inc.
Attn: Copyright Agent
58 Theakston Avenue

Halifax, NS, Canada, B3P 2S8

legal@articoz.com

I.7 Use of Information:

No information or Materials you submit to a Site shall be deemed confidential except some personal information that Articoz hide from the public and other data like passwords. You consent to our collection and use, and you authorize us to allow others to use, the information and any Material that you provide directly to us or post on a Site, including, but not limited to, your name, email address, and physical address, as well as information regarding the manner in which you use a Site or the Sites. However, we agree to use your information in accordance with the Privacy Policy.

You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you is necessarily routed via third party computer to us, our servers or the Sites, and that “Articoz News Group Inc.” is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party. If you object to your information being transferred or used in this way do not use any of the Sites.

I.8 Links to Other Web Sites:

The Sites contain links to other websites. “Articoz News Group Inc.” is not responsible for the content of any linked websites. Inclusion of any linked website is for your convenience and does not imply approval or endorsement of the linked website by us. If you decide to leave a Site and access a third party website, you do so at your own risk. “Articoz News Group Inc.” does not warrant the functions, information or links contained on any third party websites or that their contents will meet your requirements. Neither does “Articoz News Group Inc.” warrant that these websites or their contents are fit for any particular purpose, that their operations or contents will be uninterrupted or error-free, or that they or the servers that make them available are free of viruses, worms or other harmful components.

I.9 Disclaimer of Warranty.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICRO-SITES IS AT END USER’S SOLE RISK. NEITHER ARTICOZ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICRO-SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICRO-SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICRO-SITES.

THIS SITE AND THE MICRO-SITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARTICOZ HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ARTICOZ GROUP INC. PROVIDES THE SITES AND SERVICES, AND ACCESS TO ANY LINKED SITE, “AS IS” AND “AS AVAILABLE” AND THAT THE ARTICOZ GROUP INC. DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, SUITABILITY, RELIABILITY, AS WELL AS FREEDOM FROM INFECTIONS OR VIRUSES. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE ARTICOZ GROUP INC. SPECIFICALLY MAKES NO WARRANTIES THAT A SITE OR ANY OF ITS SERVICES, CONTENT OR MATERIALS, WILL BE PROVIDED FREE OF INTERRUPTIONS, OR ON A TIMELY BASIS, OR THAT A SITE AND ITS SERVICES, CONTENT, MATERIALS AND INFORMATION WILL BE SECURE, OR FREE OF BUGS, ERRORS, TECHNICAL INACCURACIES OR OTHER PROBLEMS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND USE OF THE SITE-RELATED SERVICES.

YOU AGREE THAT IN NO EVENT SHALL EITHER THE ARTICOZ GROUP INC. OR ITS CONTENT PROVIDERS BE RESPONSIBLE FOR OR LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, HOWEVER ARISING, INCLUDING, WITHOUT LMITATION, ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHERWISE), LOST PROFITS, INJURY, CLAIMS, DAMAGES FOR BREACH OF COMPUTER SECURITY, LIABILITY, OR ANY OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER, INCLUDING NEGLIGENCE, BASED UPON, RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF A SITE, THE SERVICES, THIS AGREEMENT OR ANY CONTENT, MATERIALS, INFORMATION OR OPINIONS PROVIDED. YOU SPECIFICALLY AGREE THAT THE ARTICOZ GROUP INC. IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR ANOTHER THIRD PARTY OR FOR ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO YOUR ACCOUNT, YOUR CONTENT, MATERIALS OR TRANSMISSIONS. IF YOU ARE DISSATISFIED WITH A SITE, THE SERVICES, ANY CONTENT OR MATERIALS, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitation of Liability: IN NO EVENT SHALL ARTICOZ, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL ARTICOZ’S LIABILITY IN CONNECTION WITH AN ARTICOZ EXCEED THE AMOUNTS PAID FOR SUCH ARTICOZ, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

I.10 Monitoring:

Articoz shall have the right, but not the obligation, to monitor the content of the Site and any Micro-sites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Articoz, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Articoz shall have the right, but not the obligation, to remove any material that Articoz, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

I.11 Privacy:

End User acknowledges that all discussion for ratings, sharing, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. Articoz does not control or endorse the content, messages or information found in any Community, and, therefore, Articoz specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to Articoz (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Articoz as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Micro-site, End User grants Articoz the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see Articoz’s Privacy Policy.

I.12 License Grant:

By posting communications on or through this Site or any Micro-site, End User shall be deemed to have granted to Articoz a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.

I.13 Indemnification/Release:

End User agrees to defend, indemnify and hold harmless Articoz, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Micro-sites.

End User is solely responsible for interactions with Merchants and other users of the Site or Micro-sites. To the extent permitted under applicable laws, End User hereby releases Articoz from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

I.14 Termination:

Articoz may terminate this Agreement at any time. Without limiting the foregoing, Articoz shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Articoz, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.

I.15 Trademarks:

Articoz is a trademark of Articoz News Group Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Articoz are the property of their respective owners.

I.16 Third-Party Content:

Articoz, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Articoz has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Articoz.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Articoz. Articoz neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Articoz by anyone other than authorized Articoz employee spokespersons while acting in official capacities. Under no circumstances will Articoz be liable for any loss or damage caused by an end user’s reliance on information obtained through Articoz. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, purchases etc., or other content available through Articoz.

Articoz contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Articoz of the contents on such third-party sites, and Articoz hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Articoz expressly permitting you to do so, you may not provide a hyperlink to the Site or any Micro-site from any other website. Articoz reserves the right to revoke its consent to any link at any time in its sole discretion.

I.17 Miscellaneous:

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Articoz established by Articoz, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

Governing Law and Jurisdictional Issues. The Sites are controlled, operated and administered from “Articoz News Group Inc.” office in Nova Scotia. This Agreement will be interpreted, construed and governed by the laws in force in Nova Scotia, without reference to its conflict of laws principles. Subject to the Arbitration and Actions provision below, parties hereby submit to the non-exclusive jurisdiction of the courts of the Province of Nova Scotia and to waive any objections based upon venue.

Arbitration and Actions. All matters in difference between the parties in relation to this Agreement, if not resolved by the parties, shall be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration held in Nova Scotia before a single arbitrator, if the parties agree upon one, and otherwise in Nova Scotia before three arbitrators, one to be appointed by each party and a third to be chosen by the first two named before they enter upon the business of arbitration. The award and determination of the arbitrator or arbitrators or any two of the three arbitrators shall be binding upon the parties and their respective heirs, executors, administrators and assigns. The arbitration shall proceed subject to and be conducted in accordance with the provisions of the Arbitration Act of Nova Scotia and not the Commercial Arbitration Act of Nova Scotia. Any difference will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against “Articoz News Group Inc.” involving a Site. You also agree to opt out of any class proceeding against us. “Articoz News Group Inc.” reserves the right to pursue the protection of its interests through injunctive or other equitable relief through the courts.

Severability. In the event a court or other tribunal of competent jurisdiction shall hold any of the provisions of this Agreement to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Entire Agreement. This Agreement and the other agreements referenced or specifically incorporated by reference herein constitutes the entire agreement between you and “Articoz News Group Inc.” pertaining to the subject matter hereof. You agree to review this Agreement prior to your use of a Site, and each Site use by you shall constitute and be deemed your unconditional acceptance of this Agreement. “Articoz News Group Inc.” may prospectively modify this Agreement, by posting a revised Agreement on the Sites.

Termination. Either Party, in its sole and absolute discretion, may terminate the Agreement at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease use of the Sites.

Survival of certain provisions. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.

Waiver. No delay or omission to exercise any right or remedy accruing to “Articoz News Group Inc.” upon any breach or default by you shall constitute a waiver by “Articoz News Group Inc.” of any breach or default.

Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.

No agency. You and “Articoz News Group Inc.” are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

I.18 Arbitration:

By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Articoz arising out of, relating to, or connected in any way with this Agreement, this Site, or any Micro-site, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered under the legal rules and procedures of Nova Scotia provision; (2) the arbitration shall be held at a location determined by the legal NS court pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Articoz; (3) the arbitrator shall apply Nova Scotia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Articoz’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Articoz will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the court of NS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Articoz shall be entitled to arbitrate their dispute.

II. TERMS OF SALE

Caution: Any fraud attempt or any mis-use of our privacy policy, terms and conditions will result directly for the banning of the user from our sites without any warning. Banned users will loose all their credits and credentials with Articoz. Articoz might take legal steps against fraudulent users. If you encountered any fraud or misuse of our privacy policy or terms of use and conditions contact us directly at fraud@articoz.com

We are taking restaurants below as an example of merchant/ advertiser; but the terms of sale is applicable to any type of business/ company or merchant/ advertiser, according to the difference in services provided by the merchant only.

All vouchers printed from the Site or any Micro-site, or any other website associated with Articoz (hereinafter “Vouchers” / “Coupons”) are promotional vouchers that may be purchased from participating merchants (“Merchants” / “Advertisers”) through Articoz to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through Articoz, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.

The Voucher you purchase through Articoz is redeemable for goods or services by the Merchant. The Merchant, not Articoz, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Articoz sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

II.1 Terms and Conditions for Restaurant Specific Vouchers:

· Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.

· Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law

· Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.

· Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.

· Valid for dine in only unless otherwise stated.

· The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.

· Neither Articoz nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.

· Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.

· Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.

· Void to the extent prohibited by law.

· If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by July 1, 2011 and you make a purchase for $40 on June 30, 2011, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.

· All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Halifax, the redemption of the Voucher may be subject to the limitations imposed by the Nova Scotia law, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state/ province statutes or codes is the responsibility of the Merchant. Articoz’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Articoz has no role in such determination or action on the part of the Merchant.

II.2 Terms and Conditions for Non-Restaurant Merchant Vouchers

· Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.

· Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.

· The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.

· Neither Articoz nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.

· Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.

· Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.

· Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.

· Void to the extent prohibited by law.

· If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by July 1, 2011 and you make a purchase for $40 on June 30, 2011, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.

II.3 Additional Terms and Conditions for All Articoz Vouchers.

All Vouchers shall be subject to the terms and conditions of Articoz and the participating Restaurant or Merchant. The Merchant or Restaurant is the sellers of the goods or services which you are purchasing.

The holder and issuer of a Restaurant Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Articoz and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.

According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Articoz, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact Articoz (and explain your situation in writing) and Articoz will refund the purchase price of the Voucher in either CAD or U.S. Dollars or credit for purchases of future Vouchers from Articoz.

N.B: All vouchers must be redeemed within 5 business days. Articoz might not take any action against any voucher redeemed after 5 business days if any issue occurred between the buyer and the merchant.