Product Creator Pro - Terms of Service
Legal Stuff We Have to Include (But We Made It Funny...)
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. Really, the phrases are straightforward, but we are located in Canada and sometimes we know we can be hard to understand so we'll speak slowly for our noisy neighbours down below and provide this explanatory text on the advice of our lawyers:
"Agreement" means these Terms of Service;
"App" refers to our web application that permits you to engage in simplified publishing activities;
"Product Creator Pro" refers to our company (ACQYR Inc), our Site, or our Service, depending on the context of the usage;
"Service" refers to the services that we provide through our Site, including our App;
"Site" refers to our website, www.ProductCreatorPro.com;
"User" refers to you, those who use our Service or App, and general visitors to Product Creator Pro's Site;
"You" is the second person personal pronoun, both singular and plural in the English language. The objective form of you functioned originally in the roles of both accusative (i.e. did you steal my moose?) and dative (which we have no idea what that means). Also, you refers to the person entering into this Agreement with Product Creator Pro. You can put your dictionary away now.
3. Our Business Model
Product Creator Pro is a publishing and marketing web application for self-publishers, marketers, and business owners who want to turn documents that are so ugly that people can only look at them through a mirror or else risk turning into stone into beautifully-designed PDFs and Kindle-formatted books. Don't listen to anyone else, unless you use us your PDF's will be like that ugly baby that your co-worker keeps a photo of in his pocket and shows to everyone. Really, just don't.
Our business focuses on providing its Service to online marketers, publishers, business owners (online and offline), coaches, teachers, highly intelligent dolphins, and anyone who uses content – books, newsletters, and reports – in their business.
In order to use our Service, you must meet a number of eligibility criteria, including:
- You must be alive.
- Your use of our Service must not be in violation of any of the laws of Canada, the Province of Ontario, the Principality of Monaco, Edo Era Japan, Middle Earth, or any other political entity having jurisdiction over this Agreement or our provision of Services to you, including violations of Canadian export controls imposed by the Department of Foreign Affairs and International Trade. For example, you must not use or attempt to use our Site or Service if our Service will be provided within the geographical limits of the countries named in Canada's Area Control List (SOR/81-543), which at the time of the creation of this Agreement includes Belarus, the Democratic People's Republic of Korea (North Korea), and Myanmar (Burma).
- You must not have already created another account with Product Creator Pro unless we have given you prior written authorization to create a subsequent account, and you must limit your subsequent account openings to the number that we have authorized. Seriously, if you want more than one account, just ask us first—we're happy to take your money no matter what e-mail address you use, so we'll probably approve it.
- You must be at least as old as the minimum age required to enter into a contract in the Province of Ontario, which is eighteen (also our drinking age is nineteen, so you can buy a Boeing 747 or legally become the Premier if you want, but don't even think about drinking a beer). If you reside outside of the Province of Ontario, you must be at least as old as the minimum age of contractual capacity in your jurisdiction. Regardless of your residence, in no case may you use our Service if you are under the age of eighteen or if you're a robot. We hate robots.
- If you are creating an account or publishing documents on behalf of an organization, you must be authorized by that organization to create an account in its name, as well as use its trademarks, copyrighted materials, or other materials owned by that organization. This clause is important because it prevents the Walt Disney Company from sending us to the gulags if you use the Mickey Mouse logo to advertise your landscaping business without our knowing it. Interesting side note, have you ever wondered why copyright laws get extended every time the expiration for Disney's copyright comes up? It's a conspiracy.
- You must provide us and/or our authorized payment provider with personal information, payment information, and other information that we deem necessary to provide our Service to you and process your payment.
5. No Warranties
We are unable to provide any assurances that documents you create with us will be financially successful, complete, or otherwise satisfactory to you in every way. All Users hereby acknowledge and agree that Product Creator Pro is in no way responsible for the outcome of any documents, or any delay in delivering the documents, created with our App. Please, don't wait until the last minute to produce a TPS report, because the server might jam up or something and we might be gone for the night and unable to start it up again by poking it with a broom. Our technical support is very high-tech.
6. Rules of Publication
We do not actively monitor the materials published through our App, although we reserve the right to do so (but we'd have to be really bored). However, we do prohibit certain kinds of publications from being published through our Service and will terminate the provision of our Service to you and, if applicable, report the matter to the appropriate authorities if unlawful material is uploaded to our App. Therefore, you agree that when using our App, you will not publish anything that:
- Violates the Criminal Code of Canada.
- Violates any applicable human rights legislation, including the Canadian Human Rights Act, Ontario Human Rights Code, Geneva Convention, United Nations Convention for the Protection of One-Legged Albino Platypuses, or any other applicable legislation.
- Is fraudulent or otherwise involves financial violations or false representations, such as financial prospectuses not authorized by the Ontario Securities Commission, or materials which promote schemes that violate the Competition Act, R.S.C., 1985, c. C-34.
- Infringes on the intellectual property rights of any person.
- Defames any person.
- Otherwise infringes on the rights of a third party or frat party.
- Otherwise violates the laws of any political entity having jurisdiction over this Agreement or our Site or Service, or any provision of this Agreement.
If you are an American user, note that a number of materials which may be protected speech under the First Amendment to the United States Constitution are prohibited either by criminal law or pseudo-criminal human rights legislation in Canada. It is your responsibility to determine whether such materials are in violation of Canadian law, and you should consult with an attorney admitted to practice in a Canadian province or territory if you are unsure as to the legality of your proposed publication. Or, flip a coin. We don't suggest the coin, but sometimes people like to take risks….like eating at Arby's. (kidding, we love Arby's….really).
7. Ontario Libel and Slander Act
When we are not running our business, we are often drinking our sorrows away over how Toronto cannot produce a single decent sports team in any major league. Seriously—the Jays, Raptors, and Leafs. Someone up there hates us, and we don't know why, because they were horrible before Ontario produced Justin Bieber. Anyway, because we're often busy, we cannot actively police our Service for material published by third parties which may be defamatory. To be clear, we do not exercise any active editorial control over the Users who use our Service, and we rely on affected parties to report any tortious conduct by our Users. However, defamatory publications are prohibited by our Agreement from being disseminated through our Service. If you are concerned that a User is using our App to publish material that defames you or a person or entity that you represent, you should e-mail us directly with details explaining who you are, who is defaming you, and how they are defaming you, at firstname.lastname@example.org.
If you intend to file a claim against us for libel, you must mitigate any of the alleged damages by serving us with a Notice of Libel Action within six weeks that the alleged libel has occurred, pursuant to Ontario's Libel and Slander Act, R.S.O. 1990, c. L.12, s. 5 (1). Please address such notices to us at:
364 Old Kingston Road, Suite 97578
Toronto, Ontario M1C 4Z1
Note that chargebacks, credit card cancellations, and PayPal disputes must not be used for the purpose of obtaining our Service for free. In the case of any legitimate grievance with Product Creator Pro, you must attempt to resolve any issues amicably by contacting us first. Fraudulent or otherwise unjustified chargebacks, credit card cancellations, and PayPal disputes may be reported to the relevant law enforcement agency or agencies, possibly reappearing on a Law & Order spinoff, as well as being reported to one or more credit bureau, filed with a collections agency, and brought before a court of competent jurisdiction for adjudication. We may also tell your mother what a horrible person you are.
Our premium service is a web-based application that requires a paid subscription. Paid subscriptions may renew monthly, semi-annually, annually, or another agreed upon billing cycle and is non-refundable. There are no refunds on renewal payments or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. If you'd like to cancel your subscription, please contact us via the support desk at least 2 full business days prior to your renewal date. If you do so, you will not be charged. If you contact us after the subscription has already renewed, there are no refunds and any disputes or chargebacks will be reported to one or more credit bureau, filed with a collections agency, and brought before a court of competent jurisdiction for adjudication.
Please note that as our Service is intangible, and we offer a free account to preview our Service and App, we cannot provide refunds because it is impossible to return intangible services as once you see it, you've used it and we can't take it back. If you can provide us with that memory erasing gadget from Men in Black, we'll reconsider our policy.
Note we have an exception to our no refund policy: If you didn't first use our free account before upgrading to a premium one, we'll let you have seven days to request a refund without demanding that you provide us with a memory erasing gadget or money. We prefer money. But, we encourage you to use our free account feature first to try it out so we can cut down on all the crying and yelling that we'll have to put up with our shareholders when we tell them about the refunds we gave.
Finally, our App is issued on a limited basis. When you purchase our App, you must use it only for yourself or the organization on whose behalf you purchased it. You must not share our App with any third parties (people get diseases that way), as they must purchase it separately for their own use.
9. Our Copyright
Our website is protected under the Copyright Act, R.S.C., 1985, c. C-42. It is also protected in any of the countries which are signatories to the Berne Convention for the Protection of Literary and Artistic Works, which is almost every country in the world except the really commie ones. Therefore, you must not infringe on our copyright, and you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, without receiving our prior written permission.
10. Your Copyright
Product Creator Pro must be assured that it has the right to publish the content uploaded and published through its App by its Users. Therefore, whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, sublicensable, commercial and non-commercial right to store the content and permit it to be used in accordance with the orders you submit through our App. Additionally, you warrant to us that you have the right to grant us this right over the content.
"Product Creator Pro" is a trademark used by us, ACQYR Inc, to uniquely identify our Site, Service, App, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this section. If you violate the non-competition provisions, we reserve the right to send hired goons to vandalize your office supplies—the backbone of any start-up. Have you seen our stapler?
12. Revocation of Consent
We may take back our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you. So, although we are sure you would otherwise do it, we must advise you not to have surgeons tattoo "Product Creator Pro" on any of your vital organs as it could cause complications in the future when you have to have them removed. Although the organ harvesting business has always been a fallback option if this fails.
13. Forum of Dispute
This section limits your right of redress to us in accordance with the rights given to you under s. 7 of the Consumer Protection Act, 2002. You agree that any disputes arising from or relating to this Agreement or any acts or omissions by Product Creator Pro will be heard solely within the Superior Court of Justice of Ontario – Small Claims Division ("Small Claims Court") and that, even if the damages to which you are entitled exceed the monetary jurisdiction of the Small Claims Court, and even if you are entitled to equitable relief or other relief not eligible to be granted by the Small Claims Court, you will waive those excess monetary damages or equitable relief and bring the action in the Small Claims Court.
14. Copyright & Trademark Infringement
We fully comply with the Copyright Act, R.S.C., 1985, c. C-42 and Trade-marks Act, R.S.C., 1985, c. T-13. Additionally, though we do not acknowledge being subject to the jurisdiction of any foreign laws or courts, whether located on Earth or elsewhere, we voluntarily comply with foreign copyright legislation where is it not inconsistent with the Canadian Charter of Rights and Freedoms, specifically s. 2 which protects the freedom of expression. Therefore, if you believe that your intellectual property rights have been infringed under Canadian or foreign law, please send us a message which contains:
- Your name.
- The name of the party whose rights have been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy (a URL or list of URLs is preferable).
- Your signature.
Please send this to us at:
364 Old Kingston Road, Suite 97578
Toronto, Ontario M1C 4Z1
If sending the notification by e-mail, an electronic signature is acceptable. Please don't just write "X."
15. Representations & Warranties
CANADIANS DON'T USUALLY YELL BUT WE KIND OF HAVE TO DO SO SINCE SOMEONE SPIKED OUR COFFEE THIS MORNING….WHOOOOOOOOOOOOOO. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY DELAYS IN PUBLISHING OR FAILURES TO DELIVER YOUR MATERIAL IN TIME WHICH CREATES ANY LOSSES. IN SUCH CASES, OUR LIABILITY TO YOU SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID TO PRODUCT CREATOR PRO AND NOTHING ELSE.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO US. IN SUCH CASES WHERE WE HAVE NOT RECEIVED YOUR FUNDS OR A NOTIFICATION THAT YOUR FUNDS HAVE BEEN TRANSMITTED TO US, YOU MUST PROVIDE US WITH THE TRANSACTION NUMBER PROVIDED TO YOU BY THE RELEVANT PAYMENT PROCESSOR. YOU MUST ALSO CONTACT THE PAYMENT PROCESSOR IF WE HAVE NO RECORD OF RECEIVING YOUR PAYMENT.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims, and against wild bear attacks, and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. You may also be required to take us out to a nice steak dinner and tell us how gracious we are for letting you hang out with us.
17. Choice of Law
This Agreement and any disputes with us shall be governed by the laws in force in the Province of Ontario, which actually includes the Magna Carta. Seriously, check out R.S.O. 1897, Chapter 322—we actually have stuff originally passed by King John, and everything else in our courts except powdered wigs. The offer and acceptance of this contract is deemed to have occurred in the Province of Ontario.
18. Consequences for Unauthorized Dispute
If you bring a dispute in a manner other than in accordance with this Agreement, like by suing us in Timbuktu or something, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so. We may also engage in local tribal ritual which includes multiple piercings, eating strange food, and pushing you off a cliff (kidding). You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements, in accordance with the Rules of the Small Claims Court of Ontario.
19. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, zombie attack, shutting down of Tim Horton's, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
What is "severability," you ask? If you break this Agreement, we can sever your limbs. Kidding. Not really. Yea we're kidding. Actually, in the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, we shall make them fight to the death to determine who wins. Or, if they have no sentience, ACQYR Inc shall have the sole right to elect which provision remains in force.
ACQYR Inc reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
22. Termination & Cancellation
We may terminate your account or access as well as access to our Site, Service, and App to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, including publishing prohibited materials, in which case you agree that we are not required to provide any refund or other compensation whatsoever, and that we may kick you once on any part of your body without reprisal.
23. Testimonial Disclaimer
The performance experienced by the user comments and testimonials, on this page and/or our web site, is not what you should expect to experience. Although company accepts the testimonials in good faith, company has not independently examined the business records of any of the providers and therefore has not verified any specific figures or results quoted therein. These results are not typical, and your income or results, if any, will vary and there is a risk you will not make any money at all. Some of the users may, in some cases, been incentivized to submit their comments.
24. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party, including random seedy-looking strangers, at our discretion.
Any rights not expressly granted herein are reserved.
Last Updated: November 21, 2012