Last Updated on: 2021-11-09
READ THE FOLLOWING CAREFULLY BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) ACCESS OR USE THE MILK CLUB DESKTOP APPLICATION (THE “APPLICATION”), Milkclub.ca (THE “SITE”) AND/OR DFO-BRANDED APPLICATIONS FOR MOBILE DEVICES, ON WHICH THE TERMS OF THIS USER AGREEMENT (THE “AGREEMENT”) ARE POSTED (THE “SERVICE”). BY CLICKING THE “I ACCEPT” BUTTON OR BY YOUR CONTINUED USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT SET UP AN ACCOUNT, OR OTHERWISE USE THE SERVICE. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
You should read the entire Agreement but here is a partial list of some of the key points. Any capitalized terms have the meaning given to them where defined in the Agreement.
The Agreement Governs Your Use of the Service.
The Agreement governs the relationship between you and DFO regarding your use of the Service. All supplemental terms and rules issued by DFO that apply to the Service, e.g., those regarding social networking and other features and activities, form an integral part of this Agreement and are incorporated herein by this reference.
In this Agreement, “DFO” means DFO, an Ontario partnership, which is located at 6780 Campobello Road, Mississauga, Ontario, L5N 2L8. In this Agreement, “you” refers to both you and/or your child. If you have any questions relating to the Service, they can be sent to the attention of our Milk Club Team by mail to the above address or by email to Milkclub@milk.org. The publication of electronic mail addresses is to facilitate communications relating to the Service and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
Although the Service is accessible worldwide, the Service may not be: (i) available to all persons; (ii) available in all geographic locations; or (iii) be appropriate or available for use outside Ontario. You understand and agree that the Service is provided by DFO and may be terminated or otherwise discontinued by DFO at its discretion pursuant to this Agreement.
By accepting this Agreement, you agree that you will not:
Impersonate another person (including a celebrity), attempt to mislead others by indicating that you represent DFO, and any of its employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “DFO Parties”), express or imply that any statements you make or actions you take are endorsed by DFO;
Download or copy any Content (defined below), except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use, or reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content except as expressly authorized by this Agreement;
Outside the Service, sell, advertise, or post information on hacks for the Service, whether for free or for the commercial benefit of you or third parties;
Improperly use support or complaint buttons or make false reports to DFO;
Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
Sell or otherwise trade for consideration of any kind any virtual item collected through the Service;
Use any device, software or routine to access any Content, interfere or attempt to interfere with any transaction being conducted through the Service, or with any other person's use of the Service; or
Probe, scan or test the vulnerability of the Service or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Service, DFO’s systems or networks, or any systems or networks connected to the Service or to DFO.
The Service Is Evolving and May Result in Changes to the Agreement.
You understand that the Service is an evolving one. DFO may require that you accept updates to the Service. DFO reserves the right to change, modify, add or remove portions of this Agreement, at any time, for any reason, with or without notice to you, or to do any of the following:
- Modify, suspend, limit, or terminate operation of, or access to, any portion of any feature or function of the Service, and/or any of its applicable policies or terms, including hours of availability;
- Change any points that may be related to your use of the Service;
- Change the equipment, hardware or software required to access the Service;
- Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction, or other changes.
Any changes to the Agreement will be effective immediately upon notice, which DFO may provide by any means, including, without limitation, by electronic posting. You agree to check this Agreement periodically for the new provisions that govern the Service. Your continued use of the Service following the posting of changes will mean that you accept and agree to them.
Your privacy is important to us. While setting up the Account or using the Service, you agree to provide accurate, current and complete information about yourself as prompted by our registration form or otherwise. As part of the registration process, you may be asked to select a user name.
We reserve the right to refuse to grant you or to terminate a user name that represents your full name or other personal information, or:
- Impersonates someone else, including, without limitation, another user or a non playing character;
- Is or may be
considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any user name which is sexual in nature;
protected by trademark or other proprietary right;
Is comprised of or includes any of the following
the name of a popular culture icon, persona or media personality, religious deity or figure, or your real name (e.g., "BarbaraWalters" or "JamesBond");
the names (including "street" names) of any drug, narcotic or other criminal activity;
partial or complete sentences (e.g., "Iwillgetyou");
gibberish (e.g., "Bgrewazx");
"Leet" or "Dudespeak" (e.g., OMGnewb, xLOLx);
any rank and/or fantasy titles (e.g., "MajorDude" or "QueenKate");
special characters (i.e., ASCII codes);
Is otherwise inappropriate, regardless of our software's ability to disallow such user names; and/or
Which may mislead others to believe that you are affiliated with DFO.
You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any user name at any time and for any reason.
Through the Service, DFO may provide links to independent third party websites. DFO is providing these links to you only as a convenience. DFO DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Third party websites are not part of the Service, and each may be subject to separate terms and conditions, including different policies with respect to the collection, use and disclosure of your personal information. These third party websites may collect data or solicit personal information from you. We do not have control over such third party websites. You will need to make your own independent judgment regarding your interaction with them. Please be sure to review the applicable agreements and policies carefully when visiting any third party websites.
To Access the Service, You Must Set Up an Account or Download an App.
All content offered by DFO through the Service, including but not limited to games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animation, user interfaces, visual interfaces, photographs, logos, sound, musical composition, audio-visual elements, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games, virtual currency, including but not limited to virtual coins, cash, tokens, or Milk Club Points earned on DFOestore.com and virtual in-game items (together with virtual currency, "Virtual Items"), Milk Club Points deposited to your Account, video, text, graphics, images and information and all other material appearing on or emanating to and/or from the Service, as well as their overall design, appearance, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities (or quests), printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, Trademarks); and (iii) other forms of intellectual property. (collectively and individually, "Content") is owned, controlled or licensed by or to DFO, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws within and outside of Canada.
You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, in any way exploit, such Content or distribute it in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as DFO expressly permits in this Agreement. For clarification purposes only, a "derivative work based on" the Content is a work substantially similar, both in ideas and expression, to the Content. Similarity of ideas in the Content and derivative works concern similarities between things such as plot, theme, mood, setting, appearance, and character traits. Similarity of expression concerns the total concept and feel of the Content and the derivative works. Thus, if a work created by you or someone other than DFO is likely to bring to mind the Content, then it is likely that such work is a derivative work of the Content, and may not be used for commercial purposes. Without limiting the generality of this Agreement, you shall not use any Content on any other website or network computer environment or in a manner that suggests an association with the Service or DFO itself, or in a manner that disparages DFO.
Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Service, and further legal action.
You understand that, while at times you may “earn”, or “redeem” Virtual Items, these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of virtual points do not refer to any credit balance of real currency or its equivalent. Milk Club Points deposited to your Account do not expire and cannot be transferred or refunded. You are responsible for managing the Milk Club Points balance on your Account.
(a) Minimum Technical Requirements
Subject to your agreement and continued compliance with this Agreement and any relevant DFO Policies (defined below), DFO grants you a non-exclusive, non-transferable, revocable limited licence to access the Service using DFO supported web browsers or authorized mobile devices solely for your own non-commercial entertainment purposes. You must provide all equipment and software necessary to connect to and use the Service. In cases where the Service offers a mobile component, you must provide a mobile device that is suitable to connect with and use the Service. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.
You understand and agree that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware, software and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto.
These requirements may change from time to time, and such changes will be posted on the Service and/or in this Agreement. You, and not DFO, shall be responsible for purchasing any necessary additional software and/or hardware in order to access the Service. If you download, access or use software through the Service, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial use pursuant to a personal, non-exclusive, non-assignable, non-transferable licence. DFO keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
(b) Your Account
Users of the Services include Child Users (children under the age of 13 who use or access the Services) and Adult Users (parents and legal guardians of Child Users). Adult Users are responsible for setting up their Child User’s account.
Every Account has one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree (a) that you will provide complete and accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up-to-date; (b) that you are solely responsible for all activities that occur under your Account; (c) that you will notify us immediately of any unauthorized Account use; (d) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password; and (e) that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible User has created an Account, we may seek confirmation of the User’s status or deactivate the Account, without notice to the ineligible User. At no time should you respond to an online request for a password. DFO will never ask for your password offline or online, except that you will be required to enter your password as part of the login process. If you have reason to believe that your Account with us is no longer secure, you must immediately notify us of the problem by contacting the Milk Club team.
Accounts, user names and passwords are not transferable, even between your own Accounts, and similar to Virtual Items, have no retail value and are not redeemable for cash. The Service is designed for you to register all feature codes using your original user name and password. We strongly recommend that you do register all codes using your original user name and password so that you can take full advantage of the features that we have on the Service.
Renewing, extending or resetting one Account does not renew, extend or reset any other Account that you may have on the Service. If you stop using the Service, after twenty-four (24) months of inactivity, we reserve the right to delete your Account and everything associated with your Account, in-game currency balance or privileges that may have been licensed. Furthermore, you can request deletion of the account at any time, via your Parent’s Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF DFO. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You Agree to Communicate With Us in English.
To the extent permitted by applicable law, the parties have requested that this Agreement and all communications and documents relating hereto be expressed in the English language. Dans la mesure où la loi est applicable, les parties ont demandé à ce que ces présentes Conditions d'Utilisation ainsi que toutes les communications et documents s’y rattachant soient exprimés en langue anglaise.
You further acknowledge and agree that all communications and documents between you and DFO with respect to your use of the Service may take place electronically and that all such electronic notices, agreements, and other communications from DFO shall be the legal equivalent of written communications.
Certain Provisions of the Agreement Survive Its Termination.
Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of this Agreement, including but not limited to those addressing privacy, content ownership, code of conduct, and those dealing with spam shall survive and remain in effect after such event. Furthermore, the following sections of this Agreement shall survive any termination or discontinuance of the Service or your access to it.
This Agreement Shall Remain Effective Until Terminated.
If you wish to terminate your Account, you may do so by contacting our help desk or Milk Club team or via your Parent’s Account tools. Upon our acceptance of your request, your Account will be deleted. DFO reserves the right to suspend or terminate your Account immediately and without notice if you are, or DFO suspects that you are, (i) in breach of any of the provisions contained in this Agreement, (ii) willfully infringing any third party’s intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or (iii) upon any user activity whatsoever which is, in our opinion, inappropriate and/or in violation of the spirit of the Service. In response to a violation of this Agreement, DFO may issue you a warning, suspend your Account or portion thereof, selectively remove, prohibit access to the Service or portion thereof, Content or tools, delay or remove hosted Content, revoke or garnish Virtual Items associated with your Account or immediate terminate any and all Accounts that you have established on the Service. DFO reserves the right to terminate without notice any Account if its user is determined by DFO, in its sole discretion, to be a “repeat infringer”. You can lose your user name as a result of Account termination or limitation, as well as any benefits, privileges, earned items and Virtual Items associated with your Account, and DFO is under no obligation to compensate you for any such loss or result. In addition, DFO may terminate or suspend your Account and/or access to all or part of the Service in the event DFO ceases its operations and/or provision of any applicable products or services in connection with the Service.
You understand that DFO provides access to the Service via the Internet through the use of servers, Sites, Applications and other technology. Notwithstanding anything to the contrary in this Agreement, DFO reserves the right to permanently discontinue the Service or part of the Service at any time either permanently or temporarily, at which point your licence to use the Service or a part thereof will be automatically terminated or suspended. In such case, DFO shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service. Termination of your Account can include disabling your access to the Service or any part thereof. Upon such discontinuation, your Account and the agreement contemplated by this Agreement shall terminate
This Agreement Is Governed by the Laws of the Province of Ontario; Disputes are subject to Arbitration
DFO administers and operates the Service from Ontario, Canada. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this Agreement shall be English.
If you choose to access and use the Service from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in this Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this Agreement.
Regardless of any statute or law to the contrary, any claim or cause of action against DFO arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a dispute with one or more Service users, you release the DFO Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
BY ACCEPTING THIS AGREEMENT, YOU AND DFO ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
If any controversy, allegation, or claim arises out of or relates to the Services, these Terms, or any Additional Terms (collectively, Dispute), you and we agree to the following resolution process with respect to the Dispute. To most efficiently resolve any Dispute, you and we agree to first discuss the Dispute informally for at least 30 days. To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include: (1) a description of the Dispute; and (2) a proposed resolution (together, the Dispute Notice). If you want to raise a Dispute with DFO, you must send your Dispute Notice by certified mail to 6780 Campobello Road, Mississauga, Ontario, L5N 2L89. If we would like to subsequently discuss your Dispute Notice with you, we will contact you using the contact information included with your Dispute Notice. If we want to raise a Dispute, we will send our Dispute Notice to you at the email address that we have on file for you. If we do not have a valid email address on file for you.
If you and the DFO do not reach an agreed-upon resolution within 30 days of receipt of the Dispute Notice, you and the DFO agree that the Dispute will be resolved solely by binding arbitration. The provisions of the Ontario Arbitration Act, 1991, S.O. 1991, c. 17, as amended, shall govern the arbitration process. The Parties agree to exclude the appeal provisions of the Arbitration Act, 1991, as may be amended from time to time, and in particular, s. 45 thereof. The determination arising out of the arbitration process shall be final and binding upon the Parties to the arbitration.
DFO Obligations Are Subject to Limited Liability and Indemnification.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, DFO and the DFO Parties, hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the following:
the Services (including the Content);
the functions, features, or any other elements on, or made accessible through, the Services;
any products, services, or instructions offered or referenced at or linked through the Services;
whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);
the specific availability of the Services, and whether any defects in the Services will be repaired or will be repaired in a particular time frame; and
whether your use of the Services is lawful in any particular jurisdiction.
EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE DFO PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL ELEMENTS.
UNDER NO CIRCUMSTANCES WILL ANY DFO PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages including losses or damages in the form of lost profits, loss of goodwill, or loss of data that are directly or indirectly related to
- the Services (including the Content);
- your use of or inability to use the Services or the performance of the Services;
- the failure of a Child User to learn or otherwise benefit educationally from his or her use of the Services;
- any action taken in connection with an investigation by DFO Parties or law enforcement authorities regarding your access to or use of the Services;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Services’ technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if DFO Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DFO PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE IN RELATION TO THE SERVICE; OR (II) CAD$100, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless the DFO Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (a) your breach or alleged breach of these Terms; (b) your use of the Services or activities in connection with the Services; (c) your violation of any law, rule, or regulation; or (d) your violation of any third-party rights. The DFO Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the DFO Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any Child User you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify, and hold DFO Parties harmless for any damages that DFO Parties suffer by the Child User’s disaffirmance.
This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and DFO with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and DFO with respect to such use are hereby superseded and cancelled. DFO will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and DFO other than that of independent contractors. This Agreement may not be assigned by you.
DFO's failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by DFO of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between DFO and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.
Please note that certain people are susceptible to epileptic seizures and loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while using the Service, immediately discontinue use of the Service and consult with your doctor.
The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of DFO shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of DFO.