Terms of Use

1. Introduction

This agreement (“Agreement”) sets out the rights and obligations of you (as a purchaser of RetroSparX content) and RetroSparX Concepts Inc. (“RetroSparX”). You confirm that you are purchasing content for your own personal use (or, where you have purchased the Unit for a friend or family member, for that person’s personal use), subject to the terms of section 3 below. Before purchasing content from RetroSparX, you are required to read this Agreement as you will be bound by its terms.

2. Our Product

RetroSparX provides content to subscribers upon payment of a fee. In this Agreement, a single set of purchased content is referred to as a “Unit”.

We reserve the right to change the pricing and/or availability of our Units for any reason and at any time. We also reserve the right to change the pricing and structure of any payment plans for existing or future content.

RetroSparX is not responsible for the non-delivery of content owing to the technical limitations of the end user for any reason. We provide a Frequently Asked Questions page and a Contact form if you need help. We endeavour to keep our website operating continuously, but we do not guarantee that service interruptions will not occur.

3. Use of RetroSparX Content

The content on our website remains the property of RetroSparX at all times. The content on the website and in the Unit(s) are protected by copyright laws in Canada, the United States and elsewhere pursuant to the Berne Convention. RetroSparX reserves all of its rights with respect to its original literary and artistic works and asks you to respect these by not copying or disseminating content or Unit(s) to third parties.

When you purchase a Unit, RetroSparX is allowing you to use the content pursuant to a personal license that is not transferrable. RetroSparX is vigilant about protecting the copyright and other intellectual property rights in its content. To this end, you agree to abide by the following terms and conditions:

• When you first purchase a Unit from RetroSparX, you will provide us with information about yourself, including the email address to which you want your purchased Unit sent. You are responsible for maintaining the confidentiality or your email account so that others do not gain unauthorized access to your purchased Unit(s). You agree to notify RetroSparX if you suspect that the confidentiality of your email account has been compromised or if you have reason to believe that someone else has gained access to the RetroSparX content we have sent to you.
• You acknowledge that you are purchasing content for your own personal use (or to give to a family member or friend for their personal use, if applicable), subject to the terms of this Agreement, and you agree that you will not forward the email containing the content you purchase to anyone else (other that the family member or friend for whom you have purchased the Unit, if applicable), or redistribute or make copies of any content you purchase from RetroSparX (subject to the limited exception outlined below).
• We encourage the user to enjoy our content with a caregiver or a small group of family, friends and/or peers, as we believe there is much to be gained from pooling together multiple memories and experiences of the subject matter covered in a Unit, and collaborating with others to tackle the games and activities. To this end, and as an exception to the foregoing restrictions on use, RetroSparX authorizes the making of up to two (2) hardcopies of a Unit for the sole and exclusive purposes of reading and completing the Unit with a caregiver or a small group of people, including friends and family. If these copies are made, you represent that the content in the Unit is being used only by you personally (or the friend or family member for whom you have purchased the Unit) and a caregiver and/or the group that has been convened, acting together. You further agree that you will collect the copies of the Unit once you (or the friend or family member for whom you have purchased the Unit), the caregiver and/or the small group have completed the activities, to ensure that no-one else gains possession of the Unit.
• You agree that a breach of any of the foregoing restrictions on the use of RetroSparX content will allow RetroSparX to take whatever action is necessary to protect its rights in the content and to recover any damages arising out of the breach.
• You understand and agree that RetroSparX will, to the extent possible, monitor your use of our website to determine whether a breach of these terms has occurred or is occurring.

4. Our Content

We welcome your feedback regarding our content. If you object to anything on our website, please let us know by contacting us via our Contact form, with as much detail as possible. We take your views into account and will take whatever action we deem appropriate (including, sometimes, no action)

We also welcome suggestions of topics you would like us to cover in the future, or games and activities you would like to see replicated in future content. Again, this feedback can be communicated to us by using the Contact form.

We do occasionally make mistakes and are grateful when you alert us to them. We will correct mistakes where appropriate and possible but have no obligation to do so.

We always do our best to be accurate, but RetroSparX does not guarantee, and is not responsible for, the accuracy, completeness or currency of any content provided.

Some of our content may mention or reflect old-fashioned or out-dated views, beliefs or practices. This does not mean that RetroSparX condones such views, beliefs or practices.

5. International Users

Users from all over the world have access to our website. You agree to abide by all local laws and rules regarding online content and acceptable use of such content, including all laws relating to the technical transmission of data exported from the country in which you reside.

6. Indemnity

You agree to indemnify RetroSparX from any and all liabilities, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) that may arise from your use of RetroSparX or your violation of these Terms and Conditions. This indemnity includes both any liability to third parties, and other costs and losses incurred by RetroSparX.

7. Usage and Modification of our Services

RetroSparX reserves the right at any time to modify or discontinue, temporarily or permanently, any of our services, with or without notice. You agree that RetroSparX shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.

8. Consequences of Violating this Agreement

If you violate, breach or act against the letter or spirit of the terms and conditions of this Agreement, RetroSparX reserves the right to suspend its delivery of further content to you, and to terminate your access to our website. We may take any other action against you if we feel it is appropriate.

9. Use of Website Materials

All activities, articles, information, printable resources, illustrations and photographs and other materials presented on our website are subject to copyright owned by and/or licensed to RetroSparX. You may not reproduce, extract, share or otherwise make available to third parties any part of our website or Unit(s). We protect our property.

10. Limitations of Liability

RETROSPARX PROVIDES ACCESS TO ITS WEBSITE AND ANY UNIT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS WITH RESPECT TO FITNESS FOR ANY PURPOSE AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND NON-INFRINGEMENT.

IN NO EVENT SHALL RETROSPARX OR ITS OFFICERS OR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE WEBSITE AND ANY CONTENT. WE DO NOT WARRANT ACCURACY OR COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.

RETROSPARX’S LIABILITY TO YOU IN CONTRACT AND/OR TORT (INCLUDING NEGLIGENCE) WITH REGARD TO THIS AGREEMENT, USE OF OUR WEBSITE AND/OR ANY UNIT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN

RESPECT OF THE UNIT OR UNITS PURCHASED BY YOU AND GIVING RISE TO THE CLAIM.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RETROSPARX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE OUR CONTENT, OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF RETROSPARX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHILE THE GOAL OF RETROSPARX IS TO STIMULATE MEMORIES OF, AND PERSONAL CONNECTIONS TO, THE SUBJECT MATTER OF OUR UNITS, WE DO NOT REPRESENT OR GUARANTEE THAT SUCH MEMORIES OR CONNECTIONS WILL OCCUR. WE DO NOT REPRESENT THAT THE USE OF OUR CONTENT WILL IMPROVE YOUR COGNITIVE CAPACITY AND/OR FUNCTIONING.

11. Trademarks

RetroSparX is a trademark of RetroSparX Concepts Inc., and no right to use the trademark is granted by the terms of use herein. Other marks, graphics or logos appearing on our website and photographs in our Unit(s) may not be used in any manner whatsoever except as indicated in the terms of use in section 3 above.

12. Privacy

You agree to be bound by the terms of our Privacy Statement.

1. Introduction

This agreement (“Agreement”) sets out the rights and obligations of you (as a purchaser of RetroSparX content) and RetroSparX Concepts Inc. (“RetroSparX”). You confirm that you are purchasing content from RetroSparX for or on behalf of a retirement facility, nursing home, assisted living facility, residential care home, rehabilitation facility, hospital or community health care institution, home care organization, community center or other health, support or recreational organization (collectively referred to as a “Seniors Organization”). You confirm that the content will be used by residents in or members of the foregoing, subject to the rights and limitations set out in this Agreement. If you are purchasing content from RetroSparX for or on behalf of an organization, institution or community association that does not fall within the aforementioned categories, please feel free to contact us through our Contact form so that we can direct you to the appropriate terms of use that apply to you.

Before purchasing content from RetroSparX, you are required to read this Agreement as you will be bound by its terms.

2. Our Product

RetroSparX provides content to subscribers upon payment of a fee. In this Agreement, a single set of purchased content is referred to as a “Unit”.

We reserve the right to change the pricing and/or availability of our Units for any reason and at any time. We also reserve the right to change the pricing and structure of any payment plans for existing or future content.

RetroSparX is not responsible for the non-delivery of content owing to the technical limitations of the end user for any reason. We provide a Frequently Asked Questions page and a Contact form if you need help. We endeavour to keep our website operating continuously, but we do not guarantee that service interruptions will not occur.

3. Use of RetroSparX Content

The content on our website remains the property of RetroSparX at all times. The content on the website and in the Unit(s) are protected by copyright laws in Canada, the United States and elsewhere pursuant to the Berne Convention. RetroSparX reserves all of its rights with respect to its original literary and artistic works and asks you to respect these by not copying or disseminating content or Unit(s) to third parties.

When you purchase a Unit, RetroSparX is allowing you to use the content pursuant to a single entity institutional license that is not transferrable. RetroSparX is vigilant about protecting the copyright and other intellectual property rights in its content. To this end, you agree to abide by the following terms and conditions:

• When you first purchase a Unit from RetroSparX, you will provide us with information about yourself, including your name, the Seniors Organization for which you are purchasing the content, your position within that Seniors Organization, and the email address to which you want the purchased Unit sent. You are responsible for maintaining the confidentiality of your email account so that others do not gain unauthorized access to your purchased Unit(s). You agree to notify RetroSparX if you suspect that the confidentiality of your email account has been compromised or if you have reason to believe that someone else has gained access to the RetroSparX content we have sent to you.
• You acknowledge that you are purchasing content for use within the Seniors Organization by which you are employed or which you represent, subject to the terms of this Agreement, and you agree that you will not forward the email containing the content you purchase to anyone else, or redistribute or make copies of any content you purchase from RetroSparX (subject to the limited exception outlined below).
• For further clarification, and for the purposes of this Agreement, a Seniors Organization is a single facility, and you acknowledge that you are purchasing content for use by the residents, members or attendees, as the case may be (referred to as Senior Residents) of that single facility. You further acknowledge that you will not forward the content you purchase from RetroSparX to another Seniors Organization that may be related to your Seniors Organization by corporate connection or otherwise. If you would like to purchase a Unit for use in more than one Seniors Organization, please contact us and we would be happy to discuss alternative pricing arrangements with you.
• RetroSparX acknowledges that there are different contexts in which a Unit might be enjoyed by Senior Residents. A Unit may be read and enjoyed as part of an organized large group activity, or might be enjoyed by either individual Senior Residents or in the context of smaller groups of Senior Residents. Our pricing attempts to reflect the multiple contexts in which a Unit might be enjoyed. You are authorized to make the number of copies of a Unit which, in your reasonable estimation, is necessary to facilitate the enjoyment of the Unit you purchase in whatever context it is being used. By making copies of a Unit, you represent that the content in the Unit is being used only by the Senior Residents of your Seniors Organization. You further agree that you will collect the copies of the Unit once the activities have been completed, to ensure that no unauthorized person gains possession of the Unit.
• You agree that a breach of any of the foregoing restrictions on the use of RetroSparX content will allow RetroSparX to take whatever action is necessary to protect its rights in the content and to recover any damages arising out of the breach.
• You understand and agree that RetroSparX will, to the extent possible, monitor your use of our website to determine whether a breach of these terms has occurred or is occurring.

4. Our Content

We welcome your feedback regarding our content. If you object to anything on our website, please let us know by contacting us via our Contact form, with as much detail as possible. We take your views into account and will take whatever action we deem appropriate (including, sometimes, no action).

We also welcome suggestions of topics you would like us to cover in the future, or games and activities you would like to see replicated in future content. Again, this feedback can be communicated to us by using the Contact form.

We do occasionally make mistakes and are grateful when you alert us to them. We will correct mistakes where appropriate and possible but have no obligation to do so.

We always do our best to be accurate, but RetroSparX does not guarantee, and is not responsible for, the accuracy, completeness or currency of any content provided.

Some of our content may mention or reflect old-fashioned or out-dated views, beliefs or practices. This does not mean that RetroSparX condones such views, beliefs or practices.

5. International Users

Users from all over the world have access to our website. You agree to abide by all local laws and rules regarding online content and acceptable use of such content, including all laws relating to the technical transmission of data exported from the country in which you reside.

6. Indemnity

You agree to indemnify RetroSparX from any and all liabilities, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) that may arise from your use of RetroSparX or your violation of these Terms and Conditions. This indemnity includes both any liability to third parties, and other costs and losses incurred by RetroSparX.

7. Usage and Modification of our Services

RetroSparX reserves the right at any time to modify or discontinue, temporarily or permanently, any of our services, with or without notice. You agree that RetroSparX shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.

8. Consequences of Violating this Agreement

If you violate, breach or act against the letter or spirit of the terms and conditions of this Agreement, RetroSparX reserves the right to suspend its delivery of further content to you, and to terminate your access to our website. We may take any other action against you if we feel it is appropriate.

9. Use of Website Materials

All activities, articles, information, printable resources, illustrations and photographs and other materials presented on our website are subject to copyright owned by and/or licensed to RetroSparX. You may not reproduce, extract, share or otherwise make available to third parties any part of our website or Unit(s). We protect our property.

10. Limitations of Liability

RETROSPARX PROVIDES ACCESS TO ITS WEBSITE AND ANY UNIT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS WITH RESPECT TO FITNESS FOR ANY PURPOSE AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND NON-INFRINGEMENT.

IN NO EVENT SHALL RETROSPARX OR ITS OFFICERS OR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE WEBSITE AND ANY CONTENT. WE DO NOT WARRANT ACCURACY OR COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.

RETROSPARX’S LIABILITY TO YOU IN CONTRACT AND/OR TORT (INCLUDING NEGLIGENCE) WITH REGARD TO THIS AGREEMENT, USE OF OUR WEBSITE AND/OR ANY UNIT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN RESPECT OF THE UNIT OR UNITS PURCHASED BY YOU AND GIVING RISE TO THE CLAIM.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RETROSPARX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE OUR CONTENT, OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF RETROSPARX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHILE THE GOAL OF RETROSPARX IS TO STIMULATE MEMORIES OF, AND PERSONAL CONNECTIONS TO, THE SUBJECT MATTER OF OUR UNITS, WE DO NOT REPRESENT OR GUARANTEE THAT SUCH MEMORIES OR CONNECTIONS WILL OCCUR. WE DO NOT REPRESENT THAT THE USE OF OUR CONTENT WILL IMPROVE THE COGNITIVE CAPACITY AND/OR FUNCTIONING OF SENIOR RESIDENTS WHO ENGAGE WITH OUR CONTENT.

11. Trademarks

RetroSparX is a trademark of RetroSparX Concepts Inc., and no right to use the trademark is granted by the terms of use herein. Other marks, graphics or logos appearing on our website and photographs in our Unit(s) may not be used in any manner whatsoever except as indicated in the terms of use in section 3 above.

12. Privacy

You agree to be bound by the terms of our Privacy Statement.