Take this Lollipop Terms of Use

Effective: October 2020

Take this Lollipop TERMS OF USE

•           INTRODUCTION

•           AUTHORITY

•           CHANGES TO THE TERMS OR APP

•           REGISTRATION, PASSWORD AND SECURITY

•           PRIVACY POLICY

•           COPYRIGHT AND AUTHORIZATION

•           COPYRIGHT COMPLAINTS

•           TRADEMARKS AND SERVICE MARKS

•           USER SUBMITTED CONTENT

•           SUBMISSIONS TO 4434042 NOVA SCOTIA LIMITED

•           ACCEPTABLE USE

•           APP SECURITY

•           GEOGRAPHICAL RESTRICTIONS

•           GENERAL PRACTICE REGARDING USE AND STORAGE

•           DISCLAIMER OF WARRANTIES

•           ENFORCEMENT

•           LIMITATION OF LIABILITY

•           INDEMNIFICATION

•           TERMINATION/SUSPENSION

•           MISCELLANEOUS

1. INTRODUCTION

Welcome to the "Take This Lollipop " experience ("App") operated by 4434042 NOVA SCOTIA LIMITED Inc. ("4434042 NOVA SCOTIA LIMITED""we""our" and "us"). The term "you" or "your" includes any of your subsidiariesaffiliates, employees and parent or legal guardian.

This App permits users to submit messagespicturesand videos to create user experiences for people. This includes videosphotographsmessagespicturesor other social content.

This App may allow users to submit or post Content that may be used in 4434042 NOVA SCOTIA LIMITED'S advertising. By submitting any Contenta user agrees that he/she is eligible to submit Content and understands and agrees to be bound by these Terms of Use. 

This App also permits users to share on third-party platforms and to comment on the App materials and Content.  A user is responsible for complying with third-party platforms terms if posting to third-party platforms any of the App materials or Content.

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using this App in any way you are agreeing to comply with these Terms of Use, including any documentspolicies and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services available through this App and other 4434042 NOVA SCOTIA LIMITED Apps (referred to collectively as the "Apps")especially services for which you are asked to subscribe or pay moneymay have their own terms and conditions that apply to your purchase or use of that particular service. These Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with 4434042 NOVA SCOTIA LIMITEDincluding any other website terms of use with an 4434042 NOVA SCOTIA LIMITED affiliate. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased or online tools you use or to which you subscribethose other terms and conditions or agreements will govern.

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2. AUTHORITY

By using this Appyou represent that you are at least 18 years old (19 in Alabama and Nebraska21 in Mississippi and Puerto Rico). Accordinglyyou agree that you are at least 18 years of age or older (19 in Alabama and Nebraska21 in Mississippi and Puerto Rico)and are fully able and competent to enter into the termsconditions, representations and warranties set forth in the Terms; otherwiseplease exit the App.

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3. CHANGES TO THE TERMS OR APP

4434042 NOVA SCOTIA LIMITED may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the App. The amended Terms will automatically be effective when posted on our site. Your continued use of our App after any changes in these Terms shall constitute your consent to such changes. 4434042 NOVA SCOTIA LIMITED reserves the right to changemodify or discontinuetemporarily or permanentlythe App (or any portion thereof)including any and all content contained on the Appat any time without notice. You agree that 4434042 NOVA SCOTIA LIMITED shall not be liable to you or to any third party for any modificationsuspension or discontinuance of the App (or any portion thereof).

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4. REGISTRATIONPASSWORD AND SECURITY

Whenever you provide us information on our Appyou agree to: (a) provide trueaccuratecurrent and complete information and (b) maintain and promptly update such information to keep it trueaccuratecurrent and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information isuntrue, inaccuratenot current or incomplete4434042 NOVA SCOTIA LIMITED may without notice suspend or terminate your access to our App and refuse any and all current or future use of our App (or any portion thereof).

If any portion of our App requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your passwordand change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify 4434042 NOVA SCOTIA LIMITED of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which 4434042 NOVA SCOTIA LIMITED may otherwise have4434042 NOVA SCOTIA LIMITED reserves the right to take any and all actionas it deems necessary or reasonableto ensure the security of the App and your accountincluding without limitation terminating your accountchanging your passwordor requesting additional information to authorize transactions on your account. Notwithstanding the above4434042 NOVA SCOTIA LIMITED may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall 4434042 NOVA SCOTIA LIMITED be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of 4434042 NOVA SCOTIA LIMITED under this provision(ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any timewithout the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internetwe will take reasonable steps to help ensure the safety of your personally identifying information. Howeveryou understand and agree that such steps do not guarantee that use of the App is invulnerable to all security breachesand that 4434042 NOVA SCOTIA LIMITED makes no warranty, guaranteeor representation that use of any of our App is protected from virusessecurity threats or other vulnerabilities.

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5. PRIVACY POLICY

Please view our Privacy Policywhich explains 4434042 NOVA SCOTIA LIMITED'S practices relating to the collection and use of your information through or in connection with our App. 4434042 NOVA SCOTIA LIMITED'S use of your information is governed at all times by our Privacy Policywhich is incorporated into these Terms. You understand that through your use of the App you consent to the collection and use of this information (as set forth in the Privacy Policy).

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6. COPYRIGHT AND AUTHORIZATION

This App and other 4434042 NOVA SCOTIA LIMITED Apps may provide you access to a wide variety of informationshopping, communicationsentertainmentgamesadvertising and other servicesproducts, data and materials ("Information"). Some of the Information is owned by 4434042 NOVA SCOTIA LIMITED and/or its affiliates. Other portions are owned by non-4434042 NOVA SCOTIA LIMITED companies or third parties such as suppliers, vendorsand licensors (including Content that is generated by users as further described in Section 9).

Some portions of the App may require you to download software ("Software") in order that you may access the Appthe services provided through the App and/or the Information. The Software may be the property of 4434042 NOVA SCOTIA LIMITED or a suppliervendoror licensor to 4434042 NOVA SCOTIA LIMITED. The Information and Software are protected by a variety of laws governing the use of copyrightstrademarkspatentsor trade secrets. Subject to the rules and limitations set forth in the Termsyou are granted a limitednon-sublicensable right to access the Apps, the Information and the Software for your personal non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoingno Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into CubaNorth Korea, IranSudanSyria or any other country for which the U.S. maintains an embargo on such exportsor (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g.Specially Designated NationalsDenied Persons or Entities) or the U.S. Commerce Department (e.g.Entity ListTable of Deny Orders)which control such exports. By downloading or using the Software or underlying information or technologyyou agree to the foregoing and represent and warrant that you are not located inunder the control ofor a national or resident of any such country or on any such list.

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7. COPYRIGHT COMPLAINTS

4434042 NOVA SCOTIA LIMITED respects the intellectual property rights of others. If you believe that your work has been copied and has been postedstored or transmitted to the Apps in a way that constitutes copyright infringementplease submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing 4434042 NOVA SCOTIA LIMITED'S Copyright Agent the following written information:

•                   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•                   A description of the copyrighted work that you claim has been infringed upon;

•                   A specific description of where the material that you claim is infringing is located on the Apps;

•                   Your addresstelephone numberand e-mail address;

•                   A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright ownerits agentor the law;

•                   A statement by youmade under penalty of perjurythat the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

4434042 NOVA SCOTIA LIMITED'S Copyright Agent for notice of claims of copyright infringement on the Apps can be reached as follows:

Manager of Security & Copyright Infringement 1567 Arygle St. HalifaxNova ScotiaCanada Phone: (902) 406-1555 E-mail: [email protected]

 

Please note that under Section 512(f) of the Copyright Actany person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that 4434042 NOVA SCOTIA LIMITED enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordinglyif you are not sure whether certain material infringes the copyrights of othersyou should consult an appropriate professional for specific advice tailored to your particular situation.

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8. TRADEMARKS AND SERVICE MARKS

Trademarks (including but not limited to Take this Lollipop) that are used or displayed on the Apps are owned by 4434042 NOVA SCOTIA LIMITED Intellectual Property or by third parties other than 4434042 NOVA SCOTIA LIMITED that offer and provide products and services on or through the Apps. The trademarks of 4434042 NOVA SCOTIA LIMITED Intellectual Property may not be copied or usedin whole, partial or modified formwithout the prior written permission of 4434042 NOVA SCOTIA LIMITED Intellectual Property orif applicableits licensor. In addition4434042 NOVA SCOTIA LIMITED custom graphicslogosbutton iconsscriptsand page headers are covered by trademarktrade dresscopyright or other proprietary right law, and may not be copiedimitatedor usedin wholepartial or modified form, without the prior written permission of 4434042 NOVA SCOTIA LIMITED Intellectual Property. Other trademarksservice marksregistered trademarksproduct and service namesand company names or logos that appear on the Apps are the property of their respective ownerswho may or may not be affiliated withconnected to, or sponsored by 4434042 NOVA SCOTIA LIMITED. You may not use any metatags or any other "hidden text" utilizing an 4434042 NOVA SCOTIA LIMITED nametrademark, or product name without 4434042 NOVA SCOTIA LIMITED'S express written consent.. Other trademarks and trade names are those of their respective owners.

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9. USER SUBMITTED CONTENT

This App allow users to post Content that may be used in the 4434042 NOVA SCOTIA LIMITED advertising without compensation unless required by applicable law or other requirements.  With respect to your name and likenessprofile pictureand any messagedataimagetextphotos, graphicsaudiovideo or other material you elect to post to this Appwhile you retain any and all of your lawfully owned rights in such Contentyou acknowledge that you own completely and have full rights to license for 4434042 NOVA SCOTIA LIMITED'S useand you grant 4434042 NOVA SCOTIA LIMITED a royalty-freeperpetualirrevocablenon-exclusive and fully sublicensable right and license to use, reproducemodifyadaptpublishtranslatecreate derivative works from, distributeperform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any formmediaor technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Apps to accessdisplay, viewstoredistributeperformreproduce and prepare derivative works of, such Content that you have placed in publicly accessible areas of our Apps.  You agree that no advertisement or other material need be submitted to you for approval and the licensed parties shall be without liability to you for any distortion or illusionary effect resulting from the publication of your namelikenessor submitted content.  You warrant and represent that any content that you submit fully complies with these Terms of Useincluding that the content does not infringe on any third party's copyrighttrademarkprivacypublicityor other intellectual property rights.

No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content unless required by applicable law or other requirements. Any such compensation will be at the minimum so required.  You agree that 4434042 NOVA SCOTIA LIMITED is not under any obligation of confidentialityexpress or impliedwith respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you postthat such Content is accuratethat use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 11 (Acceptable Use)and will not cause injury to any person or entityand that you will indemnify 4434042 NOVA SCOTIA LIMITED for all claims resulting from the Content you supply.

4434042 NOVA SCOTIA LIMITED does not generally pre-screen or control Content posted by users of our Appsandthereforedoes not guarantee the accuracyintegrity or quality of such Content. 4434042 NOVA SCOTIA LIMITED shall have the right (but not the obligation) in its sole discretion to monitorrefuse or remove any Content that is available via our Apps for any or no reasonincluding that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploadedtransmittedor downloaded by you or any third partyor for any mistakesdefamationslanderlibelomissionsfalsehoodsobscenity, pornographyor profanity you may encounter. As the provider of the Appswe are only a forum and are not liable for any statementsrepresentationsor Content provided by App users. Any opinionsadvice or recommendations expressed therein are those of the users providing such Content and not those of 4434042 NOVA SCOTIA LIMITED. We do not endorse any Content or any opinionrecommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; howeverwe reserve the right to take such action as we deem appropriate in cases where the App is used to disseminate statements that are harmful or inflammatory.

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10. SUBMISSIONS TO Take this Lollipop

You agree not to proposepost or submit to 4434042 NOVA SCOTIA LIMITED ideasconceptscopyproposalsinventionsmethods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the App. In the event you do so, you hereby grant to 4434042 NOVA SCOTIA LIMITED a perpetualworldwideirrevocable, unrestrictednon-exclusiveroyalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you unless required by applicable law or other requirements. You also grant to 4434042 NOVA SCOTIA LIMITED the rightat its sole discretionto use your name in connection with the Submitted Materials and other information as well as in connection with all advertisingmarketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that 4434042 NOVA SCOTIA LIMITED is not under any obligation of confidentialityexpress or impliedwith respect to the Submitted Material. You agree that you shall have no recourse against 4434042 NOVA SCOTIA LIMITED for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to 4434042 NOVA SCOTIA LIMITEDincluding the posting of materials to any forum or interactive area on the Appsirrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you postthat the Submitted Material is accurate andthat use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.

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11. ACCEPTABLE USE

You agree to use our App and the Information (whether provided by us or others)as well as any Software provided in connection with the Appin a manner consistent with all applicable laws and regulations. Additionallyyou will not take any of the following actions with respect to our Apprelated Softwareor Informationnor will you use our App or related Software to uploadpostemaildistributetransmit, linksolicit or otherwise make available any Information or use our App in any manner that:

1.    is unlawfulharmful to minors, threateningharassingabusivedefamatoryslanderousvulgargratuitously violentobscenepornographicindecentlewdlibelousinvasive of another's privacyor raciallyethnically or otherwise offensivehateful or abusive;

2.    infringes someone else's patenttrademark, trade secretcopyrightprivacy rightsright of publicityor other intellectual property or other rights; 

3.    removes any proprietary notices or labels on the Content;

4.    advocates or solicits violencecriminal conduct or the violation of any localstatenational or international law or the rights of any third party;

5.    is deceptive in any waysuch as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;

6.    specifically advertises firearms or ammunition, tobaccoalcoholillegal drugsor other contraband;

7.    constitutes unsolicited or unauthorized advertisingjunk or bulk e-mail (SPAM)chain lettersor any other unsolicited commercial or non-commercial communication;

8.    interferes with others using the Apps;

9.    is off-topic according to the description of the groupforum or webpage;

10.  contains software viruseswormstime bombs, corrupted filesTrojan horses or any other computer codefilesor programs that are designed or intended to disruptdamageoverburdenimpair or limit the functioning of any softwarehardwarenetworkserver or communications systems or equipment;

11.  contains a charity requestpetitions for signatureschain letters or letters relating to a pyramid scheme;

12.  disruptsinterferes or inhibits any other user from enjoying the Apps or other affiliated or linked websitesmaterial, contentsproducts and/or services.

13.  uses any robotspideror other such programmatic or automatic deviceinducing but not limited to automated dial-in or inquiry devicesto obtain information from the App or otherwise monitor or copy any portion of the Appproducts and/or services;

14.  creates a false identity for the purpose of misleading others;

15.  preparescompilesusesdownloads or otherwise copies any user information and/or usage information for any portion thereofor transmitprovide or otherwise distribute (whether or not for a fee) such information to any third party;

16.  uses any 4434042 NOVA SCOTIA LIMITED domain name as a pseudonymous return email address;

17.  contains any offer for unsolicited goods or services or any advertising or promotional materialsexcept in those areas specifically designated for such purpose (e.g.classified bulletin board);

18.  provides material support or resources (or conceals or disguises the naturelocationsourceor ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

19.  attempts to disablebypassmodifydefeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Apps;

20.  reproducesduplicatescopiessellstradesresells or exploits for any commercial purposesany portion of the Apps or Content, use of the Appsor access to the Apps;

21.  publishespublicly performs or displaysor distributes to any third party any Contentincluding reproduction on any computer network or broadcast or publications media;

22.  systematically collects and uses any Content including the use of any data miningor similar data gathering and extraction methods;

23.  makes derivative uses of the Apps or the Content;

24.  usesframesor utilizes framing techniques to enclose any portion of the Apps (including the images found at the Apps or any text or the layout/design of any page or form contained on a page); and/or

25.  modifiestranslatesdecompilesdisassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our App. For purposes of these Terms"reverse engineering" shall include the examination or analysis of the App to determine the source codestructureorganization, internal designalgorithms or encryption devices of our App's underlying technology.

Unless you are participating in an area of the App that requires or encourages anonymitywe encourage you to use your real name.

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12. APP SECURITY

Violating the security of our App is prohibited and may result in criminal and civil liability. 4434042 NOVA SCOTIA LIMITED may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations includewithout limitationunauthorized access to or use of data or systems including any attempt to probescanor test the vulnerability of the App or to breach security or authentication measures, unauthorized monitoring of data or trafficinterference with service to any userhostor network includingwithout limitationmail bombingnews bombingother flooding techniquesdeliberate attempts to overload a system, forging any TCP-IP packet headere-mail headeror any part of a message headerexcept for the authorized use of aliases or anonymous remailersand using manual or electronic means to avoid any use limitations.

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13. GEOGRAPHICAL RESTRICTIONS

Unless expressly and specifically stated otherwise in the App4434042 NOVA SCOTIA LIMITED provides this App for use only by persons located within the Canada and the United States. Certain subsidiaries or affiliates of 4434042 NOVA SCOTIA LIMITED only provide certain regulated telecommunications and other services in certain portions of Canada and the United States. 4434042 NOVA SCOTIA LIMITED makes no representation that all productsservices and/or material described on the App are appropriate or available for use in locations outside Canada and the United States or all territories within Canada and the United States. Those who choose to access our App from other locations do so on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with 4434042 NOVA SCOTIA LIMITED provide services and operate websites in various other countries throughout the worldsome of which websites may be linked to from our App. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.

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14. GENERAL PRACTICE REGARDING USE AND STORAGE

You acknowledge that 4434042 NOVA SCOTIA LIMITED may establish general practices and limits concerning use of the Appincluding without limitation the maximum number of days that email messagesmessage board postings or other uploaded Content will be retained by the Appthe maximum number of email messages that may be sent from or received by an account in the Appthe maximum size of any email message that may be sent from or received by an account on the Appthe maximum disk space that will be allotted on 4434042 NOVA SCOTIA LIMITED'S servers on your behalfand the maximum number of times (and the maximum duration for which) you may access the App in a given period of time. Your use of this App constitutes your consent to allow 4434042 NOVA SCOTIA LIMITED to store electronic communications on its servers. You agree that 4434042 NOVA SCOTIA LIMITED has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the App. You acknowledge that 4434042 NOVA SCOTIA LIMITED reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that 4434042 NOVA SCOTIA LIMITED reserves the right to modify these general practices and limits from time to time.

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15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1.    YOUR USE OF OUR APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE APPSANY APP-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR APPINCLUDING ANY CONTENTSOFTWARE OR INFORMATION CONTAINED WITH THE APPS AND ANY APP-RELATED SERVICEIS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 4434042 NOVA SCOTIA LIMITED AND ITS CO-BRANDERS, SUPPLIERSLICENSORSAND OTHER RELATED PARTIESAND THEIR RESPECTIVE OFFICERS, AGENTSREPRESENTATIVESAND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDWHETHER EXPRESSSTATUTORY OR IMPLIEDINCLUDINGBUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITYFITNESS FOR A PARTICULAR PURPOSETITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIESSOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

2.    4434042 NOVA SCOTIA LIMITED AND ITS CO-BRANDERSSUPPLIERSLICENSORSAND OTHER RELATED PARTIESAND THEIR RESPECTIVE OFFICERSAGENTSREPRESENTATIVESAND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR APP WILL MEET YOUR REQUIREMENTS(ii) MATERIALSSOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE APP ARE FREE OF INFECTION OR VIRUSESWORMSTROJAN HORSESOR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR APP WILL BE UNINTERRUPTED, TIMELYSECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS)PROVIDE CONTINUOUS STORAGE OR ACCESSOR ERROR-FREE(iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR APP WILL BE ACCURATECOMPLETE OR RELIABLE(v) THE QUALITY OF ANY PRODUCTSSERVICESSOFTWAREINFORMATIONOR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR APP WILL MEET YOUR EXPECTATIONSAND (vi) ANY ERRORS IN OUR APP OR SOFTWARE WILL BE CORRECTED.

3.    ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR APP OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR APP OR OUR SOFTWARE.

4.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTENOBTAINED BY YOU FROM 4434042 NOVA SCOTIA LIMITED OR THROUGH OR FROM OUR APP SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR APP SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONALBUSINESSMEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

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16. ENFORCEMENT

4434042 NOVA SCOTIA LIMITED reserves the right but does not assume the obligation to strictly enforce these Termsincluding without limitation by issuing warningssuspensionor termination of access to the Apps and/or servicesand/or by removingscreeningor editing of Content, or by engaging in self-help and active investigationlitigation and prosecution in any court or other appropriate venue.

4434042 NOVA SCOTIA LIMITED may accessuseand disclose transaction information and any Content provided by you to comply with the law (e.g.a lawful subpoena) or based on 4434042 NOVA SCOTIA LIMITED'S reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms)to initiate, renderbilland collect for servicesto protect our rights or propertyor to protect users of 4434042 NOVA SCOTIA LIMITED'S services, the App and other persons or entities from fraudulentabusiveor unlawful use of the App or any such services. INDIRECTATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

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17. LIMITATION OF LIABILITY

IN NO EVENT SHALL 4434042 NOVA SCOTIA LIMITEDITS EMPLOYEESOFFICERSREPRESENTATIVESSERVICE PROVIDERSSUPPLIERSLICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECTSPECIALINDIRECTINCIDENTALSPECIAL, EXEMPLARYPUNITIVE OR CONSEQUENTIAL DAMAGESOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TOLOSS OF USELOSS OF PROFITSOR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACTTORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE)OR OTHERWISEARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE APPS OR THE CONTENT, MATERIALSSOFTWAREINFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE APPSOR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORSOMISSIONSOR OTHER INACCURACIES IN THE APPS OR THE CONTENTMATERIALSSOFTWAREINFORMATION, PRODUCTSOR SERVICES ON OR AVAILABLE THROUGH THE APPS(iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTSDATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR APP; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR APP; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEUREINCLUDING WITHOUT LIMITATIONACTS OF GODNATURAL DISASTERSCOMMUNICATIONS FAILUREGOVERNMENTAL ACTIONSWARSSTRIKESLABOR DISPUTESRIOTSSHORTAGES OF LABOR OR MATERIALSVANDALISMTERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR APPEVEN IF 4434042 NOVA SCOTIA LIMITED OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR APP-RELATED SERVICES IS TO STOP USING THE APP AND/OR THOSE SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITYIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVESO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASONTHEN THE AGGREGATE LIABILITY OF 4434042 NOVA SCOTIA LIMITED UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

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18. INDEMNIFICATION

You agree to indemnifydefend and hold harmless 4434042 NOVA SCOTIA LIMITED and its underlying content and service providers, licensors and suppliersand each of their respective subsidiariesaffiliates, officersagentsand employeesfrom and against all claimsactionslosses, expensesdamages and costsincluding reasonable attorneys' feesmade by any third-party due to or arising out of Submitted Material or any other content you submitpost or upload to or transmit through our Appyour use of our App, your connection to our Appyour violation of these Termsor your violation of any law or the rights of another. These obligations will survive any termination of your relationship with 4434042 NOVA SCOTIA LIMITED or your use of our App. 4434042 NOVA SCOTIA LIMITED reserves the right to assume the defense and control of any matter subject to indemnification by youin which event you will cooperate with 4434042 NOVA SCOTIA LIMITED in asserting any available defenses.

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19. TERMINATION/SUSPENSION

You agree that 4434042 NOVA SCOTIA LIMITED may immediately terminate or suspend your accountany associated email address, and access to all or any part of the Apps or change your password without notice. Cause for such terminationsuspension or change shall includebut not be limited to(a) breaches or violations of these Terms or other incorporated agreements or guidelines(b) requests by law enforcement or other government agencies(c) a request by you (self-initiated account deletions)(d) discontinuance or material modification to the Apps (or any part thereof,) (e) unexpected technical or security issues or problems(f) extended periods of inactivityand/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (orif 4434042 NOVA SCOTIA LIMITED elects instead to suspend your accountmay include any one or more of the following) (a) removal of access to all offerings within the Apps(b) deletion of your password and all related informationfiles and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Apps. You agree that all terminations and suspensions for cause shall be made in 4434042 NOVA SCOTIA LIMITED'S sole discretion and that 4434042 NOVA SCOTIA LIMITED shall not be liable to you or any third party for any termination or suspension of your accountloss of storageany associated email addressor access to the Apps. Further4434042 NOVA SCOTIA LIMITED reserves the right, to immediately terminate or suspend your accountany associated email address, and access to the Apps at any time for any reason and without notice to you in its sole discretion.

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20. MISCELLANEOUS

4434042 NOVA SCOTIA LIMITED'S failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawfulvoidor for any reason unenforceablethen that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between 4434042 NOVA SCOTIA LIMITED and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. 4434042 NOVA SCOTIA LIMITED may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of 4434042 NOVA SCOTIA LIMITED. These Terms do not provide any third party with a remedyclaimor right of reimbursement. You must file any claim or suit related to our App within one year after it arises.

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