- Acceptance of Terms
Thank you for participating in Lytica’s SCRM book-writing project (“Project”). The Project is being undertaken by Lytica Inc. (Lytica) with offices at suite 200, 308 Legget Drive, Kanata, Ontario, Canada, K2K 1Y6 and website at www.lytica.com.
By participating in this Project, you are agreeing to the Terms & Conditions as outlined herein for the Project. Please read them carefully.
- Description of Project
Through this website, you may have an opportunity to participate in the writing of Lytica’s book on the electronic supply chain and its management or parts thereof (the “Book”). Readers may contribute to the Book through submissions (“Submissions”) of review, critique, idea generation and/or original content creation. Submissions can be made through the comments portals or by email and through follow up discussion with Lytica by phone or email.
- Rules of Conduct
Participation in the Project is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations.
Lytica may suspend or stop providing Project access to you if you do not comply with the Terms and Conditions.
Participation in the Project does not give you ownership of any intellectual property rights in the Book or the content you access. These terms do not grant you the right to use any branding or logos used in the Book.
In addition, you agree that:
- You will not interfere with another contributor’s use and enjoyment of the Project, disrupt the security measures of the Project or disrupt networks connected to the Project, and will comply with all regulations, policies and procedures of such networks and comply with laws regarding the transmission of technical data and its exports.
- You will not use the Project to:
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”
- harm minors in any way
- promote or generate revenue for any business or commercial purposes unless authorized by Lytica
- impersonate any person or entity
- intentionally or unintentionally violate any applicable local, state, national or international law, and
- “stalk” or otherwise harass another.
- You will not collect or store personal data about other contributors; and
- You will not reproduce, modify, distribute or republish Project materials without prior written permission from Lytica. You will not alter or remove any trademark, copyright or other notice from copies of content. You may download material from the site for your personal, non-commercial use only. Lytica reserves all rights in and title to all material so downloaded. All trademarks, Project marks, trade names, trade dress and logos appearing on the site are the property of their respective owners, including in some instances Lytica.
In connection with participation in the Project, Lytica may send you announcements, administrative messages, and other information. You may opt out of some of those communications.
- Registration Obligations
In consideration of your participation in the Project, you represent that you are of legal age to form a binding contract.
You also agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Project’s registration form and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Lytica has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lytica has the right to suspend or terminate your account and refuse any and all current or future participation by you in the Project (or any portion thereof).
Although Lytica reserves the right to edit Submissions prior to their inclusion on the Project website, Lytica may not screen or monitor such content. Therefore, you understand that you are solely responsible for all Submissions and other materials, whether publicly posted or privately transmitted, that are uploaded, posted, emailed, transmitted or otherwise made available from your email address to the Project. You represent and warrant that your Submissions will not contain any material that:
- is false, inaccurate, or misleading; infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; violates a nondisclosure agreement, or violates any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising); is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing; is obscene or contains child pornography; or
- contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other computer programming routines that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You also agree that you will not:
- reproduce, distribute, republish or retransmit material posted by any other Project contributors without the permission of that contributor and Lytica; take any action that imposes an unreasonable or disproportionately large load on Lytica’s infrastructure; or
- interfere or attempt to interfere with the proper working of the Project, any activities conducted on or through the Project websites, or any networks through which you access the Project.
You represent and warrant that:
- your Submissions will be original and/or you will obtain all third-party permission necessary for the use of the Submissions as set forth below; you are the sole and exclusive owner of all rights herein conveyed to Lytica and its affiliates; and
- you have the full and restricted power to convey such rights to Lytica and its affiliates free and clear of the claims of any other person or entity.
Submissions do not reflect the views of Lytica and Lytica does not verify, endorse, of vouch for any Submission. Lytica does, however, enforce these Terms and Conditions. Lytica reserves the right, at any time, without prior notice and without limiting any and all other rights it may have, at law or in equity, to (a) modify, refuse or remove a Submission; (b) revoke the applicable contributor’s access to the Project; and (c) use any technological, legal, operational or other means available to Lytica to enforce the provisions of these Terms and Conditions, including, without limitation, blocking specific IP addresses or deactivating the applicable contributor’s registration.
You specifically assign to Lytica all copyright in your Submissions and grant Lytica the right to:
- use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all Submissions submitted by you or through your account, in whole or in part; use, in whole or in part, your name, likeness, photograph, voice, company name, screen name, e-mail address and/or other identifying information submitted by you as part of or in connection with such Submissions (“Image”), and reproduce, publish, create derivative works from, distribute, perform and display materials containing the same; and
- incorporate the Submissions and the Image in other works in any form, media or technology now known or later developed throughout the universe, and reproduce, publish, display and otherwise distribute the same.
For sake of clarity, by virtue of the above grant, you also give Lytica permission to copy your Submissions and the Image as part of the normal backup process and/or to archive discussions containing your Submissions and/or the Image.
You waive all moral rights in your Submissions.
You understand that Lytica will not compensate contributors for their Submissions, even though Lytica may sell the Book.
- Lytica Property Rights
All Project software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Project, including, but not limited to, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, Project marks and trade names, including any of your Submissions (individually and/or collectively), are the property of Lytica and are legally protected, without limitation, under Canadian federal and provincial, as well as applicable foreign, laws, regulations and treaties. The compilation of all content is the exclusive property of Lytica. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use, any materials contained on the Project websites without the express prior written consent of Lytica. You must not alter, delete or conceal any copyright or other notices contained on the Project’s website, including notices on any material you download, transmit, print or reproduce from the Project’s websites. Any unauthorized or prohibited use of any material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and provincial laws. You further agree not to access the Project by any means other than through the interface that is provided by Lytica for use in accessing the Project.
- Directories and Listings
Our Project allows contributors to make some of their personal information (including, but not limited to, name, company affiliation and job title) available to other visitors as part of a registration directory or other listing for that Project. If you do not want certain information to be available to other Project contributors, you should not include it in any registration directory listing. As with all other Project content, Lytica reserves the right to refuse (or remove) listings in its sole discretion, and without prior notice, if Lytica determines that they are inaccurate, were posted without authorization, or otherwise violate these Terms and Conditions.
Lytica may contact contributors to discuss submitted content and related matters.
- Passwords and other security issues
If Lytica issues you a password, you agree to help protect your information by guarding that password, and by changing it as soon as possible if you believe its security has been compromised. If Lytica allows you to choose a username and you select, in Lytica’s sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable, Lytica has the right, without prior notice to you, to automatically change your username, delete your Submissions under it, deny you access to the Project, or any combination of these options. You may not transfer your registration, password or username to another person or share it with anyone. Lytica will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify Lytica immediately.
You hereby agree to indemnify, defend and hold Lytica, and all respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the “Lytica Parties”), harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys’ fees), incurred by any Lytica Party in connection with any claim arising out of your participation in the Project, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available to the Project, your violation of these Terms and Conditions, your connection to the Project, or your violation of the rights of any other person or entity.
Lytica reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Lytica in the defense of any such claim, action, settlement or compromise negotiations, as requested by Lytica.
- Project Account Deactivation or Termination
Lytica has the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
- restrict, suspend or terminate your access to all or any part of its Project;
- refuse, move or remove for any reason any material that you submit on or through the Project;
- refuse, move, or remove any content that is available on or through the Project;
- deactivate or delete your accounts and all related information and files in your account;
- establish general practices and limits concerning use of the Project
Lytica may take any of the above actions for any legitimate business reason, as determined by Lytica in its sole discretion, including, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Project (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that Lytica will not be liable to you or any third party for taking any of these actions.
General. This Project is created, controlled and operated by Lytica in Canada, and is intended for residents of Canada and its territories who are at least 18 years of age or older. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Lytica and govern your participation in the Project, superseding any prior agreements between you and Lytica. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Lytica products and services, affiliate projects, third-party content or third-party software. These Terms and Conditions cannot be changed or terminated orally.
Notice. Lytica may be required by provincial or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon its posting them on or through the Project’s website or delivering them to you through email. You may update your email address by visiting the Project’s website where you have provided contact information. If you do not provide Lytica with accurate information, Lytica cannot be held liable if Lytica fails to notify you.
Assignment. You agree that the Terms and Conditions may be automatically assigned, in whole or in part, by Lytica or its affiliate to a third party, in its sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of its assets, in whole or in part.
Choice of Law and Forum. The formation, construction and interpretation of this agreement shall be controlled by the laws of the Province of Ontario, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the provincial and federal courts in Ottawa, Ontario, Canada and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
Waiver and Severability of Terms. The failure of Lytica to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Project or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Lytica asks that you bring Project problems to its attention. For questions about terms of Project, the practices of this site or any dealings with Lytica, contact Lytica at support@Lytica.com