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TERMS OF USE FOR LCBO SOCIAL MEDIA

LCBO uses various third-party social networking sites, communications services, pages and accounts (“Social Media”), including Facebook, Twitter, Instagram and others to encourage interaction, to promote our products and services and to communicate with our customers and fans. These Social Media channels are offered to enhance customers’ responsible enjoyment of food and beverage alcohol by offering information, promotions, news, and other relevant content. The following Terms of Use govern your use of such Social Media channels. We may revise these Terms of Use at any time without notice. By accessing or using such Social Media channels you are bound by these Terms of Use, as amended from time to time.

The LCBO does not endorse any of the views expressed in comments, links, images or video, posted by users, and in no way verifies or confirms the accuracy of those items. Comments, links, images or videos that violate the LCBO’s Acceptable User Content requirements may result in these items being deleted and the user being blocked from the account.

Comments, visuals, videos, links and other type of materials posted by users on such Social Media channels (“User Content”) do not necessarily reflect the opinions or ideas of the LCBO, its employees or the Government of Ontario. The LCBO does not (a) represent or warrant the accuracy of any statement or product claims made on its Social Media channels,(b) is not responsible for any User Content on its Social Media channels, and (c) does not endorse any opinions expressed on its Social Media channels.

Users must comply with these Terms of Use. In addition, your use of Social Media channels is governed by the policies and the terms of use of the third-parties that provide and operate the applicable Social Media channel. You are encouraged to review these policies and terms and conditions to better understand your obligations.

ACCEPTABLE USER CONTENT
You are responsible for the User Content you post to the LCBO’s Social Media channels and for any consequences thereof. The LCBO does not condone any form of harassment, written attacks, insults, vulgarity or any content that depicts the consumption of alcohol in an inappropriate or irresponsible manner. You agree that you will not submit User Content that:

  • Is submitted by a person under the age of 19, the legal drinking age in Ontario

  • Depicts someone who is (or appears to be) under the legal drinking age

  • Discusses the consumption of alcohol by anyone under the legal drinking age

  • Portrays over-consumption or irresponsible consumption of alcohol

  • Depicts or endorses the consumption of alcohol while driving, operating any type of machinery, or engaging in other type of activity that requires concentration to avoid injury

  • Condemns or is critical of anyone who chooses not to consume alcohol or who chooses to consume alcohol responsibly

  • Depicts or discusses the consumption of alcohol in relation to any type of illegal behaviour

  • Is submitted by or on behalf of an individual or organization campaigning the LCBO (whether promoting a cause, product, company, campaign or other matters)

  • Features copyrighted logos, products or characters or materials protected by intellectual property laws

  • You know, or have reason to believe, cannot be legally distributed through such Social Media channel

  • Is defamatory, abusive, obscene, fraudulent or deceptive

  • Uses offensive language, tone or gestures, or those that could be seen as offensive or insulting on the basis of gender, race, sexual orientation, religion, or culture

  • Is off topic (i.e., is on or about a subject not relating to the subject-matter of the Social Media channel).

The LCBO reserves the right, but does not assume the responsibility, to review, delete, edit or otherwise alter User Content in any manner that it sees fit, in its sole discretion (including for reasons not stated in these Terms of Use). However, the LCBO cannot review nor ensure the prompt removal of all objectionable User Content and assumes no liability for doing so.

LINKS TO OTHER WEBSITES
Links to websites posted by the LCBO on our Social Media channels are provided solely for the convenience of users, and you access such links at your own risk. The LCBO is not responsible for the accuracy, currency or reliability of the content on these sites. The LCBO is not responsible for the information found through these links, nor does it endorse the sites and their content.

POSTING FREQUENCY
The number of tweets, images comments and updates posted by the LCBO will vary, depending on when new content becomes available. Items will generally be posted and moderated Monday to Friday during standard operating hours, with some exception.

AVAILABILITY
The LCBO recognizes that the Internet is a 24/7 medium, and your messages and comments are welcome at any time. Messages and comments posted after business hours or on weekends and statutory holidays will be read as early as possible.

Social Media channels may occasionally be unavailable. The LCBO is not responsible for a lack of service caused by Social Media downtime.

USE OF SHARE AND RETWEETING
The LCBO may share relevant and interesting information for followers and fans by sharing or re-tweeting links and comments. The decision to share or re-tweet a particular message does not imply endorsement of any kind.

By submitting or uploading User Content, you are authorizing us to use and reproduce the User Content and your name on our Social Media channels and in our marketing materials.

LIKES AND FOLLOWS
Any form of recognition, rating or communication by the LCBO through Social Media channels (e.g., by "liking", “following” or “tweeting”) does not imply endorsement or approval by the LCBO.

The LCBO may “like” “follow” and “subscribe” to users and pages that, in the sole judgement of the LCBO, have content that may be relevant or of interest to the LCBO and our Social Media users.

FEEDBACK, @REPLIES AND MESSAGES
Your interaction and feedback is highly encouraged.

We will attempt to read all communications submitted to the LCBO’s Social Media channels (such as Twitter @ replies, Facebook posts, etc.) and ensure that relevant communications are directed to the correct people at the LCBO. When possible, the LCBO will reply to posts in which a response is deemed to be useful. @ replies and Facebook comments will be treated as a request for a response. However, the LCBO is unable to reply individually to all the messages received via the LCBO’s Social Media channels. For general enquiries, complaints or official correspondence, please contact us.

IDEA SUBMISSIONS
The LCBO welcomes suggestions and ideas on how we can improve, but does not seek or solicit any confidential or proprietary suggestions, ideas, materials or other information. The LCBO does not accept unsolicited ideas for new products, packaging, marketing, business operations or other similar ideas. If you nevertheless provide ideas and suggestions in Social Media channels, you waive any claim of ownership in such ideas and suggestions and any claim that they are confidential or proprietary. The LCBO may use or disclose the same without any liability or compensation to you.

COPYRIGHT
Materials posted by the LCBO through Social Media channels (the "LCBO Materials") 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 LCBO Materials, in whole or in part without the prior written consent of LCBO. You may use LCBO Materials only for your personal, non-commercial use.

For User Content you post on LCBO Social Media channels, you represent and warrant that it is your own original work or, if it is covered by intellectual property rights owned by third parties, you represent and warrant that you have all rights to that third party content. By posting User Content that contains images, you represent and warrant that each person depicted in the image, if any, has provided consent to the distribution, display and reproduction of the image. You specifically grant the LCBO a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable right and license (with the right to grant sublicenses) to exercise all copyright, publicity, moral rights and any other intellectual property rights with respect to any such User Content you provide. The LCBO may, at its option, modify or adapt any User Content that you provide. The LCBO expects users to respect the intellectual property rights of others. Please notify the LCBO if you believe that any User Content infringes your intellectual property rights. The LCBO reserves the right to remove any User Content alleged to be infringing, in its sole discretion, without prior notice.

TRADE-MARKS
Certain names, words, phrases, logos, marks and designs that appear on LCBO Social Media channels (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 Social Media channel 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 Social Media channel 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.

PRIVACY
Any information that you provide to the LCBO is subject to the LCBO’s Customer Privacy Policy. By using any LCBO Social Media channel, you consent to the collection and use of your personal information in accordance with the LCBO’s Customer Privacy Policy.

The LCBO does not have any control over Social Media channels, and therefore we have no responsibility or liability for the manner in which the organizations that operate the LCBO’s Social Media channels collect, use or disclose, secure and otherwise treat your personal information.

The LCBO cannot and does not guarantee your privacy on third party social networking websites as users are subject to the terms and conditions of the specific application. Users should review and agree to the third party terms and conditions prior to participating.

ACCURACY
The LCBO may monitor social networking content for factuality and appropriateness and will make reasonable efforts to ensure that content it posts is accurate at the time of posting. However, it is in the nature of social networking communications that accuracy and timeliness are not guaranteed and may not be reliable; as such, users acknowledges that the LCBO makes no such guarantees.

The LCBO is not responsible for the authenticity or suitability of User Content posted to LCBO Social Media channels by others. User Content does not represent the view of the LCBO.

INFORMATION COLLECTION
LCBO may use Social Media monitoring tools and may collect and measure publicly accessible information available to us about Social Media activity in order to provide content that is relevant and potentially interesting to followers or users.

We may measure publicly accessible conversations mentioning LCBO and may review publicly accessible basic user information. This information may be used for the purposes of market research, operations and communications and it will be used in aggregate form, removing any identifying details.

LCBO EMPLOYEES IN SOCIAL MEDIA
Some LCBO employees may be active on Social Media channels through their own personal accounts, under their own names or pseudonyms. Despite their professional affiliation with the LCBO, their posts do not represent the official position of the LCBO, and they should be considered their personal views and opinions.

COMPLIANCE WITH LAWS
In addition to complying with these Terms of Use, you agree to use the LCBO Social Media channels, LCBO Materials and User Content 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 Social Media channel in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms 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 Social Media channel illegal, are not authorized to use the LCBO Social Media channel.

INDEMNITY
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 Social Media channel or User Content that you post;

b. any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an LCBO Social Media channel; (ii) use of an LCBO Social Media channel for any illegal purpose; or (iii) use of an LCBO Social Media channel to achieve any unauthorized or prohibited access to computer systems or data;

c. your use of an LCBO Social Media channel; or

d. your breach of any of these Terms of Use, the LCBO’s Customer Privacy Policy or any rule, regulation, guideline or policy of the LCBO as may be established and changed from time to time.

DISCLAIMERS
YOU UNDERSTAND AND AGREE THAT:

A. USE OF AN LCBO SOCIAL MEDIA CHANNEL IS AT YOUR SOLE RISK. THE LCBO SOCIAL MEDIA CHANNELS ARE PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. LCBO DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE LCBO SOCIAL MEDIA CHANNELS 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 SOCIAL MEDIA CHANNEL, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN LCBO SOCIAL MEDIA CHANNEL. 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 SOCIAL MEDIA CHANNEL 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 SOCIAL MEDIA CHANNEL.

LIMITATIONS
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 SOCIAL MEDIA CHANNEL, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN LCBO SOCIAL MEDIA CHANNEL OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN LCBO SOCIAL MEDIA CHANNEL. 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.

MEDIA ENQUIRIES
Media representatives are asked to refrain from submitting questions, comments or requests through LCBO Social Media Channels. Please send them to our Media Contacts.

GENERAL ENQUIRIES
The LCBO is committed to serving its customers in a timely, accurate and fair manner. For general enquiries or questions about our products and services, please contact us at: www.hellolcbo.com.

     
 
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