LCBO Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following terms and conditions govern your use of the websites operated by the Liquor Control Board of Ontario (the "LCBO Websites"), including the www.lcbo.com, www.vintages.com, vintagesshoponline.ca, www.lcbotrade.com, www.lcbopinion.com and www.lcbogifts.com websites. The LCBO Websites are owned by Liquor Control Board of Ontario (the "LCBO").
LCBO reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the LCBO Websites, and you are advised to review the LCBO Websites regularly for any changes. These Terms and Conditions of Use were last updated on December 10th, 2012. In any event, you agree that by accessing and using an LCBO Website you are bound by these terms and conditions as may be changed from time to time.
If you choose to register with LCBO for the purchase of goods, you agree to: (a) provide online true, current and complete information about yourself; and (b) maintain and promptly update on-line information about yourself to keep it true, current and complete.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the "Materials") contained in the LCBO Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, LCBO and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of LCBO. You may print, in hard copy, portions of an LCBO Website only for the purpose of placing an order with LCBO.
Certain names, words, phrases, logos, marks and designs that appear on LCBO Websites (including "LCBO", "VINTAGES", “FOOD & DRINK” and related words and logos) are official marks, trade-marks or trade-names of LCBO in Canada. LCBO is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an LCBO Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of LCBO. The names of other companies, products and services referred to on an LCBO Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of LCBO or of third parties without the prior written consent of the applicable party is strictly prohibited.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use the LCBO Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of an LCBO Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the LCBO Website illegal, are not authorized to use the LCBO Website.
USER NAMES AND PASSWORDS
Some features of an LCBO Website may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized LCBO representative.
All login names and passwords remain the property of LCBO, and may be cancelled or suspended at any time by the LCBO without any notice or liability to you or any other person. LCBO is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify LCBO of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on LCBO Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
Any link, (including hyperlinks, buttons or referral devices of any kind) used on an LCBO Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an LCBO Website does not constitute an endorsement, recommendation or certification by LCBO, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with LCBO.
LCBO generally does not object to links to LCBO Websites from third party sites. However, there are certain conditions that must be followed: Unless LCBO enters into a specific written agreement with you, you may not use any of our names, logos, designs, slogans, or marks in or with your links, except that you may link to an LCBO Website using the plain text names: LIQUOR CONTROL BOARD OF ONTARIO, LCBO, FOOD & DRINK, or VINTAGES.
Do not present the link to an LCBO Website in any way that suggests LCBO has any relationship or affiliation with your site or in any way that suggests LCBO endorses, sponsors or recommends the information, products or services on your site. Use of any of LCBO's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without LCBO's written permission for a particular use is strictly prohibited.
Use of any of the LCBO's names, logos, designs, slogans, or marks, or any other words or codes identifying an LCBO Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without LCBO's written permission for a particular use, is strictly prohibited.
LCBO is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for an LCBO Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
LCBO reserves the right in its sole discretion to order you to delete or modify your link to an LCBO Website for any reason.
The link to an LCBO Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect the LCBO's name, reputation or goodwill.
The linking of your web site to an LCBO Website indicates your agreement to the foregoing terms and conditions.
You agree to indemnify, defend and hold LCBO harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:
a. your infringement of any LCBO or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of an LCBO Website;
b. any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an LCBO Website; (ii) use of an LCBO Website for any illegal purpose; or (iii) use of an LCBO Website to achieve any unauthorized or prohibited access to computer systems and data;
c. your use of an LCBO Website; and
YOU UNDERSTAND AND AGREE THAT:
A. USE OF AN LCBO WEBSITE IS AT YOUR SOLE RISK. THE LCBO WEBSITES ARE PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. LCBO DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE LCBO WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES LCBO MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN LCBO WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN LCBO WEBSITE. LCBO WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
B. THE DOWNLOADING OF MATERIALS FROM AN LCBO WEBSITE IS DONE AT YOUR OWN RISK. LCBO DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF AN LCBO WEBSITE.
IN NO EVENT SHALL LCBO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN LCBO WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN LCBO WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN LCBO WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF LCBO ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.