Fri. Apr 26th, 2019

About

Gender Equality & Equal Opportunity group features Dr Kris Rampersad as Commonwealth Scholar of the Week
Dr Kris Rampersad is an independent international multimedia, journalist, educator, cultural and literary consultant. More See: http://kris-rampersad.wordpress.com; Visit: LinkedIn: https://www.linkedin.com/in/krisrampersad/

Our Privacy Policy &
Terms & Conditions of Use

Privacy Policy of www.krisrampersad.com

Leaves of Life (“us”, “we”, or “our”) operates the www.krisrampersad.com website and related services and the Leaves of Life mobile application (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. Our Privacy Policy for Leaves of Life is created with the help of the Free Privacy Policy Generator.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection And Use                                                                                                                

We collect several different types of information for various purposes to provide and improve our Service to you.

 

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

 

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies.We use Session Cookies to operate our Service.
  • Preference Cookies.We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies.We use Security Cookies for security purposes.

Use of Data

Leaves of Life uses the collected data for various purposes:

  • To provide and maintain the Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer care and support
  • To provide analysis or valuable information so that we can improve the Service
  • To monitor the usage of the Service
  • To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Trinidad and Tobago and choose to provide information to us, please note that we transfer the data, including Personal Data, to Trinidad and Tobago and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Leaves of Life will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

 

Disclosure Of Data

Legal Requirements

Leaves of Life may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Leaves of Life
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, you use our services at your own risk as we cannot guarantee its absolute security and hold liability for any possible breach that may occur.

 

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

 

  • Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Children’s Privacy

While we provide educational and other services for children, we do so under the assumption that these would be administered through an adult and under the guidance and supervision of parent or guardian and that primary responsibility of children using our services rest on parents or guardian.

 

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

By continuing to use our services, you agree to such Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

Contact Us

If you have any questions about this Privacy Policy, please contact us.

Visit our Privacy Policy page on our website at: www.krisrampersad.com/home/about/privacy policy

Some Additional Information on our Privacy Policy

Our website address is: https://krisrampersad.com.

What personal data we collect and why we collect it

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

 

Analytics

Many web hosting accounts collect some anonymous analytics data. We have installed plugin that provides analytics services are listed below. Some of these are listed aligned to links below. In using our services you also accept their terms and privacy policies as relates to use of your data. You also agree that we hold no liability in your accessing these services and plugins through us.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Visitor comments may be checked through an automated spam detection service.

Source: Beaver Builder

In terms of GDPR, Beaver Builder products do not collect any personal information from your users. However some modules such as videos and maps might need you to update your privacy policy accordingly.

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Copy this section to clipboardCopy suggested policy text from Beaver Builder.

 

Source: Events Manager

We use Google services to generate maps and provide autocompletion when searching for events by location, which may collect data via your browser in accordance to Google’s privacy policy.

We collect and store information you submit to us when making a booking, for the purpose of reserving your requested spaces at our event and maintaining a record of attendance.

We collect and store information you submit to us about events (and corresponding locations) you would like to publish on our site.

We may use cookies to temporarily store information about a booking in progress as well as any error/confirmation messages whilst submitting or managing your events and locations.

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Copy this section to clipboardCopy suggested policy text from Events Manager.

 

Source: Photo Gallery

When you leave a comment on this site, we send your name, email address, IP address and comment text to example.com. Example.com does not retain your personal data.

Source: WooCommerce

We collect information about you during the checkout process on our store.

What we collect and store

While you visit our site, we’ll track:

  • Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
  • Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
  • Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!

We’ll also use cookies to keep track of cart contents while you’re browsing our site.

Note: you may want to further detail your cookie policy, and link to that section from here.

When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:

  • Send you information about your account and order
  • Respond to your requests, including refunds and complaints
  • Process payments and prevent fraud
  • Set up your account for our store
  • Comply with any legal obligations we have, such as calculating taxes
  • Improve our store offerings
  • Send you marketing messages, if you choose to receive them

If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.

We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for XXX years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.

We will also store comments or reviews, if you choose to leave them.

Who on our team has access

Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:

  • Order information like what was purchased, when it was purchased and where it should be sent, and
  • Customer information like your name, email address, and billing and shipping information.

Our team members have access to this information to help fulfill orders, process refunds and support you.

What we share with others

We share information with third parties who help us provide our orders and store services to you; for example —

Payments

We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.

Please see the PayPal Privacy Policy for more details.

Source: PayPal Checkout

By using this extension, you may be storing personal data or sharing data with an external service. Learn more about how this works, including what you may want to include in your privacy policy. 

Source: Stripe

By using this extension, you may be storing personal data or sharing data with an external service. Learn more about how this works, including what you may want to include in your privacy policy. 

Source: WP Smush

Plugin: Smush

Note: Smush does not interact with end users on your website. The only input option Smush has is to a newsletter subscription for site admins only. If you would like to notify your users of this in your privacy policy, you can use the information below.

Smush sends images to the WPMU DEV servers to optimize them for web use. This includes the transfer of EXIF data. The EXIF data will either be stripped or returned as it is. It is not stored on the WPMU DEV servers.

Smush uses the Stackpath Content Delivery Network (CDN). Stackpath may store web log information of site visitors, including IPs, UA, referrer, Location and ISP info of site visitors for 7 days. Files and images served by the CDN may be stored and served from countries other than your own. Stackpath’s privacy policy can be found here.

Smush uses a third-party email service (Drip) to send informational emails to the site administrator. The administrator’s email address is sent to Drip and a cookie is set by the service. Only administrator information is collected by Drip. 

Source: MailChimp for WooCommerce

When shopping, we keep a record of your email and the cart contents for up to 30 days on our server. This record is kept to repopulate the contents of your cart if you switch devices or needed to come back another day. Read our privacy policy here

Source: Akismet

We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).

Terms and Conditions of Use www.krisrampersad.com

Terms & Conditions for use of www.krisrampersad.cm, Leaves of Life (LOL) Website, Glocal Knowledge Pot (LOLGKP), Caribbean Literary Salon (LOLCLS)  and related and affiliated services

Agreement to Website Term of Use

These terms and conditions of use (the ” Website Terms of Use”) apply to your use of this website htpp://www.krisrampersad.com, and all associated services of Leaves of Life, Dr Krishendaye Rampersad, Kris Rampersad, partners and affiliates and micro-sites linked to this website (collectively the “Site”). They include terms and conditions for various services provided through this website. They also tell you how you can make use of material presented on this website. When you use our Site our Website Terms of Use will apply. Your attention is particularly drawn to the section entitled “Limitation of Liability” which contains provisions which set out our liability with respect to content on the Site which includes any Registered Content.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, you do not have permission to use the Site.

Information about us

The Site is www.krisrampersad.com, Leaves of Life (LOL) GlocalKnowledgePot (LOLGKP), Caribbean Literary Salon (LOLCLS) and all our affiliate service offerings, education and information and other multimedia and other materials offered through this platform.

ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will endeavour to notify you through the Services user interface. Any such changes will become effective immediately.

Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. To the extent allowed by law, these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located at https://www.krisrampersad.com/about/privacy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, that such other terms may be modified in accordance with their terms and, with respect to the use of the Services, these Terms of Service will take precedence in the event of conflict). All resolutions are decided by us in our sole discretion, and all of our determinations are final.

 

Linking to the Site

You are allowed to have links directly to pages hosted on the Site as long as the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website.

The appearance, position, and other aspects of the link must not create the false impression that an entity or its activities or products are associated with, endorsed or approved by or sponsored by LOL so it must not damage or dilute the goodwill associated with the name and

trademarks of LOL. You may not link directly to or embed any LOL image files in your web pages.

If you wish to link to pages on the Site, you are responsible for maintaining those links.LOL reserves the right to remove or move pages on the Site at any time without notice.

Links from the Site                                

The Site contains links to internet sites maintained by others (“third-party sites”). These links are provided solely as a convenience to you and not as an endorsement by the LOL of the content on those third-party sites. LOL is not responsible for the content of linked third party sites or for any loss or damage that may arise from your use of them and does not make any representations regarding the content or accuracy of materials on such third-party sites. LOL cannot guarantee that these links will work all of the time and has no control over the

availability of the linked pages.

 

Prohibited Use

You may only use the Site for lawful purposes. You may not use the Site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent purpose or effect;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to knowingly distribute any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or communications network or hardware.

If you breach these Terms of Use, we may terminate any applicable licences and/or block your IP address from accessing the Site and/or withdraw your right to use the Site (or any part of the Site), with immediate effect. We may also exercise these rights on National Security grounds.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of these Terms of Use;
  • not to access without authority, interfere with, damage or disrupt: any part of the Site; any equipment or network on which the Site is stored; any software used in the provision of the Site; or any equipment or network or software owned or used by any third party.

 

Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing (or transmitting data, sending or uploading any material that contains) viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware, logic bombs or other material, programmes or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware of the Site. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

LOL will report any such acts or breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such an act or breach, your rights to use the Site will cease immediately.

LOL will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or

to your downloading of any material posted on it, or on any website linked to it.

Operation of the Site

LOL aims to update the Site regularly, and may change, modify or remove the Content or any part of the Content at any time. The LOL shall be entitled at its sole discretion at any time without notice to modify, interrupt or terminate the operation of or access to the Site or any part of the Site. Any of the material on the Site may be out of date at any given time, and the LOL is under no obligation to update any such material.

Changes to these Terms of Use

LOL shall have the right, at its sole discretion and at any time, to change or modify these Terms of Use, such change shall be effective immediately upon posting to the Site. You are responsible for regularly reviewing these Terms of Use to obtain timely notice of any such

changes, as they are binding on you. The LOL will post a last amended date at the bottom of this page to assist such review. Your continued use of this Site after such posting shall constitute your acceptance of these Terms of Use as modified. Some of the provisions in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Site.

Assignment

You may not assign or delegate your rights or obligations under these Terms of Use.

Severance

If any provision of these Terms of Use (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of these Terms of Use, and the validity and enforceability of the other provisions of these Terms of Use shall not be affected.

 

Your Registration Obligations 

You may be required to register with LOL in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form.

Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) in order to utilize such Services. If LOL at any time discovers that the information you provided about you or the purpose of your campaign is incorrect or changed without informing us or if you violate any of these conditions, the services may be suspended and/or terminated with immediate effect and fines may be applied where necessary.

We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services) as set out in our Privacy Policy.

 

User and Member Account, Password and Security

 You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify LOL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. LOL will not be liable for any loss or damage arising from your failure to comply with this Section.

 

Modifications to Services

LOL reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, LOL will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.

 

 

Public Content; Public Display of Donations

Some of your activity on and through the Services is public, such as content you post publicly on the website or Services. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services.

Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.

 

General Practices Regarding Use and Storage

 You acknowledge that LOL may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on LOL servers on your behalf. You agree that LOL has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that LOL reserves the right to terminate accounts that are inactive for an extended period of time or violates any of our terms. You further acknowledge that LOL reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law. 

 

Mobile Services

The Services include certain services that are available via a mobile device. By using the Mobile Services, you agree that we may communicate with you regarding LOL and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your LOL account information to ensure that your messages are not sent to the person that acquires your old number.

LOL reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or LOL, or that expose you, LOL, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, and transactions made through or in connection with your use of the Services.

 

INTELLECTUAL PROPERTY RIGHTS

 

Services Content, Software and Trademarks

 You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by LOL from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights herein.

Our name and logos are trademarks and service marks of and other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to LOL. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of LOL Trademarks displayed on the Services. 

 

Third-Party Material

 Under no circumstances will LOL be liable in any way for any content or materials of any third parties or any User Content (including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

 

User Content Transmitted Through the Services

 With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant LOL and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless LOL and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of LOL in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or LOL’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to LOL are non-confidential and LOL will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that LOL may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LOL, its users or the public.

 

Payment Card Industry Data Security Standard

 The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, LOL, through its payment processing partner(s), is PCI DSS compliant and expects its payment processing partner(s) will maintain all applicable PCI DSS requirements to the extent that its payment processing partner(s) possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.     

 

THIRD-PARTY WEBSITES/SERVICES

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). LOL has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and LOL is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that LOL is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that LOL will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that LOL is not liable for any loss or claim that you may have against any such third party.

INDEMNITY AND RELEASE

You agree to release, indemnify on demand and hold LOL and its affiliates and their officers, employees, and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. regardless of your jurisdiction.

 

DISCLAIMER OF WARRANTIES

 

Legal Disclaimer

No failure or delay by LOL to exercise any right, power or remedy will operate as a waiver of any of them nor will any partial exercise preclude any further exercise of the same or some other right, power or remedy.

LOL aims to ensure that the Content is accurate and consistent. While LOL uses all reasonable endeavors to ensure the accuracy of the Information on the Web Site, the Information is provided “as is” . To the fullest extent permitted by applicable law, the LOL excludes all

warranties or representations (express or implied), including accuracy, completeness,

correctness, timeliness or fitness for any particular purpose in respect of the Content.

Access to, and the availability of, the Web Site and Services may be interrupted, restricted or

delayed from time to time. LOL does not give any warranties of any kind, expressed or

implied, in respect of the availability or performance of the Web Site and Services.

Your use of the Content is entirely at your own risk. We make no warranty, representation or

guarantee that the Content is error free or fit for your intended use.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law LOL hereby disclaims any and all liability for loss, injury or damage (direct, indirect, consequential, incidental or special) arising out of or in connection with use of the site including without limitation any and all liability:

  • Relating to the accuracy, completeness, reliability, availability, suitability, quality, ownership, non-infringement, operation, merchantability and fitness for purpose of the content;
  • Relating to its work procuring, compiling, interpreting, editing, reporting and publishing the content;
  • Relating to any interruption, failure or cessation of operation or transmission;
  • Resulting from any acts or omissions of any third parties in connection with your use of the site;
  • Resulting from reliance upon, operation of, use of or actions or decisions made on the basis of, any facts, opinions, ideas, instructions, methods, or procedures set out on this site;
  • Arising out of or relating to the misuse of or inappropriate reliance on the content of the site; and
  • Resulting from any virus, worm, trojan, time-bombs, keystroke loggers, spyware, adware or
  • any other kind of malware or contamination of computing equipment.

You should carry out your own evaluation / verification exercise before choosing to rely upon

any of the content in any way.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOL AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LOL AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LOL NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF LOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LOL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED TRINIDAD AND TOBAGO DOLLARS (TT$100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

ARBITRATION; WAIVER OF TRIAL BY JURY: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

 

FEES

Service Fee: A Service Fee for providing and maintaining this platform or provision of other services may be applied from time to time to general or specific offerings on this platform.

GOVERNING LAW AND JURISDICTION

These Terms of Use and any and all claims, disputes or proceedings of any kind (whether relating to contractual or non-contractual obligations) arising out of or in connection with them shall be governed by and construed in accordance with Trinidad and Tobago’s law.

These Terms of Use shall be subject to the exclusive jurisdiction of Courts located in Trinidad and Tobago in respect of all proceedings (whether relating to contractual or non-contractual obligations).

Your Concerns

If you have any concerns about material which appears on the Site, please contact

lolleaves@gmail.com.

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