2024-Sep-04 Perspective Squared – Terms of Service

Effective Date: September 5, 2024

TERMS OF SERVICE

1. Acceptance of the Terms of Service.

Welcome to Life Legacy Stories.

Thank you for visiting our website at lifelegacystories.com (the “Site”), operated by Perspective Squared Digital Inc. carrying on business as Life Legacy Stories (“LLS“, “we“, “us“, “our“). We assist our clients to create videos that celebrate the lives and experiences of our clients to create lasting memories for loved ones. The video production services we provide, together with the Site and the Site’s content and features are collectively referred to in these Terms of Service as the “Services.” These Terms of Service are a legal agreement between LLS and the people who use the Services (“you“, a “user”, “users”). These Terms of Service govern access to and use of the Services by users. By using and accessing the Services, users, on their own behalf and on behalf of their children, agree to these Terms of Service. Users who do not agree to these Terms of Service should not use the Services.

You must be at least 18 years old to access and use the Services. If you are at least 13 years old but under 18 years old, you may only use the Services with the approval and oversight of a parent or guardian. If you are under 13 years old, you may not use the Services.

BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

2. Changes to these Terms of Service.

We reserve the right to change or modify these Terms of Service at any time in our sole discretion by posting the updated Terms of Service on the Site. By continuing to access or use the Services, you agree to the updated Terms of Service. You are responsible for reviewing these Terms of Service from time to time in order to be aware of any changes that apply to your access to and use of the Services.

3. Privacy Policy.

The security of your information is very important to us. Our Privacy Policy found here describes the ways we collect, use, store and disclose your personal information. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect user information, we cannot guarantee the security of your information transmitted to our Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Some aspects of the Services, such as our video production services, require you to agree to additional terms and conditions (“Additional Terms”). Those Additional Terms, if agreed to, then become part of your agreement with us. In the event of a conflict between these Terms of Service and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

4. Purchasing Video Production Services.

We offer a variety of video production services and other services to our clients, which may be purchased through the Site by paying the applicable price published on the Site, plus any applicable taxes or additional fees communicated to you (the “Fee”). Unless alternatives arrangements have been agreed to in writing, any purchase made through the Site must be made with a credit or debit card (“Payment Mechanism”) through our third-party service provider. By purchasing Services through the Site, you authorize us to automatically charge you through the Payment Mechanism. Depending on the Services purchased, we may charge you on an annual basis for subscription services, we may collect 100% of the Fee upfront, or we may collect a portion of the Fee upfront and collect the balance at a later date, in accordance with the applicable Additional Terms. If we do not receive payment through the Payment Mechanism we may suspend our obligation to perform all or a portion of the Services until payment is received. Please note that your use of our third-party service provider to make payments through the Site is subject to that third-party’s own Terms of Service and Privacy Policy, for which LLS is not responsible.

Please note, we do not offer refunds or credits for payments made on or through the Site.

5. Accessing the Services.

In order to access certain parts of the Services you may be required to have a personal account on the Site (an “Account”). To create an Account, you will need to provide a username, password, email address and payment information. Your Account is personal to you, and you agree not to provide any other person with access to it or to share your username and password with any other person.

6. LLS’s Licence to You.

Site.

7. Intellectual Property Rights and Ownership.

The Services and all of their content, features, and functionality (collectively, the “Site Content”), including, without limitation, all information, software, code, text, displays, graphics, photographs, video, audio, audio-visual content, design, presentations, selections, and arrangements, are owned by LLS and are protected in all forms by intellectual property laws including, without limitation copyright, trademark, moral rights and any other proprietary rights.

All trademarks, logos, product and service names, designs, images, and slogans displayed on the Services or within the Site Content are trademarks of LLS and/or others. You may not use such intellectual property without the prior written permission of the trademark owner. Use of any such intellectual property, except as expressly authorized in writing, may constitute an infringement and/or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

The Services are available for personal and non-commercial use only. You shall not remove or alter any copyright, trademark or other legal notices from the Services or the Site Content. You may not modify,

distribute, create derivative works of, publicly display, publicly perform, republish, sell, rent, duplicate, download, copy, distribute or transmit any material on the Services except where LLS has given express written permission in advance or is otherwise permitted by law. LLS expressly permits you to

Users have no right, title, or interest in or to the Services or to any Site Content, and all rights not expressly granted are reserved by LLS. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and/or other intellectual property or other proprietary laws and could subject the infringer to legal action.

8. Restricted Uses.

You are prohibited from attempting to circumvent or violating the security of the Site including, without limitation, by: (a) accessing the Site Content and data that is not intended for you or for which you have not properly paid for and/or registered; (b) attempting to breach the security and/or authentication measures without authorization; (c) restricting, disrupting or disabling service to users, hosts, server or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting our ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the Site Content; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or (i) otherwise attempting to interfere with the proper working of the Site.

9. User Submissions.

Your use of the Site may allow you to submit content, such as videos and images, to LLS. All communications from you, whether written, oral or visual, and whether submitted through the Site, email, or online shared document repository, are referred to as in these Terms of Service as “User Submissions”. You are solely responsible for your User Submissions and for the consequences of communicating them. By communicating User Submissions, you represent and warrant that you own all the rights in and to your User Submissions and that any User Submission you post will not infringe upon the rights of any third-party, including anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity.

You agree not to submit any content, or engage in any other activity in connection with the Services that:

• violates any applicable law or these Terms of Service;
• is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or other such legally prohibited ground;
• contains or consists of advertising or any form of commercial solicitation or activity.
• impersonates or attempts to impersonate a LLS employee or representative, another user, or any other person or entity (including, without limitation, by using email addresses or screen temporarily store or cache copies of materials being accessed and viewed on the Site on your personal computer. names associated with any of the foregoing); or

We have no obligation to act with respect to User Submissions. If your User Submissions violate these Terms of Service we may, in our sole discretion, terminate our agreement to provide you the Services, including your right to access the Site and Site, in addition to all other lawful rights and remedies available to us. We do not approve or endorse any User Submissions and you agree that we have no responsibility or liability in connection with any User Submissions.

10. Third Party Sites.

Links on the Site to third-party websites are provided solely as a convenience to you and are governed by the third-party’s terms of service and privacy policies. We do not approve of or endorse the content of linked third-party sites and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

Our Site Site

11. Termination.

If you are determined to be in violation of these Terms of Service, as determined by us in our sole discretion, we may, on notice to you, suspend or terminate your right to access the Services.

12. No Reliance.

While we strive to make sure that the Site Content that appears on our Site is accurate and up to date, we make no representations, warranties or guarantees that the Site Content on our Site is accurate, complete or up to date. Your use of the Site and Site Content is at your own risk. Neither LLS, nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, successors, agents or representatives have any responsibility or liability whatsoever for your use of the Site or Site Content.

The Services may include content that is provided by third parties, including from our licensors. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of the person or entity providing that content.

13. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LLS AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER SUBMISSIONS, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER SUBMISSIONS OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR

other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

must not be framed on any third-party website, nor may you create a link to any part of our

COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

14. Limitations of Liability and Remedies.

YOUR USE OF THE SERVICES IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL LLS OR OUR COLLABORATORS BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES WHETHER ARISING OUT OF OR RELATING TO THE SERVICES, OR YOUR USE OF THE SERVICES, OR THESE TERMS OF SERVICE, EVEN IF THE SERVICES ARE DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, OR YOUR USE OF THE SERVICES, OR THESE TERMS OF SERVICE, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO THE US (IF ANYTHING) WITHIN THE 30 DAYS PRIOR TO YOU PROVIDING NOTICE TO US OF SUCH DAMAGE OR LOSS, IN AGGREGATE, EVEN IF THE SERVICES ARE DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnity.

You agree to indemnify and hold harmless LLS, our parent, subsidiaries and affiliates and each our respective officers, directors, shareholders, employees, contractors, agents and representatives from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to (i) your negligence or wilful misconduct; (ii) the bodily injury death of any person, or damage to real or tangible personal property resulting from your acts or omissions; and (iii) your unauthorized use of the Services, including without limitation your provision of any User Submissions, and/or your failure to comply with any provision of these Terms of Service.

16. Events Outside of our Control.

We will not be liable or responsible for any failure to deliver, or delay in delivery of the Services, or any portion thereof, that is caused by events outside of our reasonable control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm, earthquake, natural disaster, war, terrorism, sabotage, revolution, pandemic, outbreak of disease, riot or civil commotion, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts, failure of supplies of public or private telecommunications networks, power or fuel or the default of suppliers or sub-contractors.

17. Digital Millenium Copyright Act

If you believe that any content on the Site infringes upon any copyright or other intellectual property right that you own or control please submit your claim to connect@lifelegacystories.com. For us to process your claim you must be the rightsholder, or authorized to act on behalf of the rights owner, of the alleged infringed work. Your notice of infringement must include: (i) identification of the copyrighted work(s),

trademark, publicity rights, or other intellectual property rights that you claim is being infringed; (ii) identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Site of the material claimed to be infringing, so that we may locate the material; (iii) your contact information – at a minimum, your full legal name (not pseudonym) and email address; (i) your physical or electronic signature (of your full legal name); and (iv) a declaration that contains all of the following: (1) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; (2) a statement that the information in the notice is accurate; and (3) a statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.

18. Governing Law, Choice of Forum and Class Action Waiver

To the maximum extent permitted by the consumer protection and other applicable laws in your jurisdiction of residence, any disputes must be conducted on an individual basis only, and neither you nor LLS shall be entitled to enjoin or consolidate disputes by or against other individuals or entities, including without limitation as a representative member of a class, in connection with any dispute under these Terms of Service or in connection with the Service. This paragraph does not apply to the extent the laws of your jurisdiction would not permit it.

19. Remedies

Your sole remedy for any breach of this Agreement by LLS shall be money damages at law up to the maximum prescribed in Section 14 (Limitations of Liability and Remedies). No breach by LLS will affect the rights granted to LLS hereunder. You hereby irrevocably waive any right to seek equitable relief (including but not limited to injunctive relief) in connection with any such breach by LLS.

20. Survival

These Terms of Services are governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. Any action or proceeding arising out, related to, or in connection with these Terms of Service or the Services will be instituted in the Province of Ontario. You irrevocably submit to the exclusive jurisdiction of Ontario in any such action or proceeding.

You agree that a breach of these Terms of Service may cause irreparable injury to LLS for which monetary damages would not be an adequate remedy and LLS shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

All sections which by their nature should survive the termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms of Services by LLS or you. Termination will not limit any of LLS’s other rights or remedies at law or in equity.

21. General.

If any provision of these Terms of Service is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Service are personal, non-exclusive, and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Service. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in the Terms of Service, nothing herein shall be deemed to confer any third-party rights or benefits. These Terms of Service, and any applicable Additional Terms, set out the entire understanding and agreement between you and us with respect to the subject matter hereof.

Contact

If you have any questions concerning these Terms of Service, you may contact us at the following address:

Email: connect@lifelegacystories.com

Mailing Address:
PERSPECTIVE SQUARED DIGITAL INC.
c/o Edwards Creative Law, LLP
411 Roosevelt Ave Suite 204, Ottawa, ON K2A 3X9 ATTN: IAN HARRIS