Effective Date: January 1, 2024

This Terms of Use (“Terms”) is entered into between you and Lynn Johnston Productions Inc. (“LJP”) in connection with your use of alottabotz.com, alottabotzshop.com and subdomains (collectively, the “Site”) and any other product or service that LJP chooses to apply these Terms to (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND/OR SERVICE.

By USING THE SITE AND/OR SERVICE OR clicking “I AGREE” or similar confirmation you are agreeing to be bound by the TERMS.

1. UPDATES

LJP reserves the right to modify the Terms at any time (“Update”) and shall make any Update available on the Site. You are deemed to accept any Update by continuing to use the Service. Unless LJP states otherwise, an Update is automatically effective 30 days after posting on the Site.

2. DESCRIPTION OF THE SERVICE

As part of the Service, LJP provides access to browser games, information, activities, audio content, video content, contests, user-generated content functionality and other visual media related to the book series Alottabotz©. The Service also includes a digital storefront wherein you can purchase and order items related to Site content (“Shop”). The Shop offers the ability to create an account for ease of future purchases.

3. THIRD-PARTY CONTENT AND HYPERLINKS

3.1 Third-Party Content. The Site and/or Service may include content owned by third-parties (“Third-Party Content”) as part of the Service. LJP makes no representation or warranties of any kind related to Third-Party Content and does not endorse, control or adopt such Third-Party Content. You hereby agree and acknowledge that LJP and its affiliates are not liable or responsible for Third-Party Content and your use of such Third-Party Content is at your own risk.

3.2 Hyperlinks. Any links on the Service or in other communications between you and LJP or its affiliates that directs to external websites are provided solely as a convenience to you. LJP and its affiliates are not responsible for any of these websites or their content. If you decide to access any of the external websites linked on the Site, provided as part of the Service or provided in other communications with you, you do so entirely at your own risk.

4. INTELLECTUAL PROPERTY AND SUBSCRIPTION

4.1 LJP retains all right, title and interest in the Service and Site. All content on the Site, including without limitation illustrations, characters, text, photos, art, games, designs, videos, names, domains, and other materials relating to the Site and Service, as well as all copyright, trademarks (further detailed under section 4.2), derivative works (including but not limited to any derivative works you may create while using or interacting with the Service and/or Site) and other intellectual property contained therein (“Content”), are the sole and exclusive property of LJP and/or its affiliates. Any Third-Party Content contained on the Site is owned by the respective third-parties and is displayed on the Site with permissions granted to LJP and/or its affiliates. Except as expressly provided in these Terms, you acknowledge and agree that you do not have any rights, by implication, estoppel or otherwise, to use the Site and any of its Content and/or use and access the Services. No ownership rights are or will be assigned to you in any of the Content relating to the Services and/or Site, and any unauthorized use of such Content in any manner not expressly permitted by the Terms is expressly prohibited.

4.2 Trademarks. Certain trademarks, trade names, icons, logos, service marks and domain names displayed or used on the Site and/or Service are the registered and unregistered trademarks, trade names and service marks of LJP and/or our affiliates. All other trademarks, trade names and service marks displayed or used on the Site and/or Service are owned by their respective owners and used with permission by LJP. Nothing contained on the Site and/or Service or detailed in these Terms grants or should be constructed as granting any license or right to use any trademarks, trade names, logos or service marks displayed on the Site and/or Service without the written permission of LJP or such third-party owner.

4.3 Subscription. LJP grants you a non-exclusive, non-sublicensable, revocable, limited subscription to access the Service and to use features associated with the Service as permitted by these Terms and Service functionality. You acknowledge and agree that we may modify, add, change or remove features or sections of the Site, your account on the Site (if any) or any part of the Service at any time acting in our sole and absolute discretion.

4.4 User Content. “User Content” includes any information that you submit, transmit or upload while using the Service including comments, recommendations, advice, ideas, submissions, forum posts, feedback, or other information. By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license User Content and you grant LJP an exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. LJP reserves the right to review, edit, delete or block access to User Content without notice. LJP is under no obligation to review or act upon any User Content that you may provide.

5. 5. ACCESS TO THE SERVICE AND PURCHASES

5.1 Age of Access. The Site and Service is provided for a general audience and is not directed at children under the age of 13. If you are below the age of consent in your jurisdiction, you must have and provide the consent of your parent or guardian to use the Service, if required by the laws applicable in your jurisdiction. LJP may also request a heightened level of verifiable parental or guardian consent if required by the laws applicable in your or LJP’s jurisdiction.

5.2 Accounts and Login Information. Access to certain portions of the Service may require or allow you to choose to register an account with LJP (an “Account”). In order to access an Account, you must obtain a user ID and password (“Login Information”). You shall manage and ensure the security, confidentiality and authorized use of Login Information. You are prohibited from sharing Login Information. LJP strongly recommends you keep Login Information confidential. You agree to be bound by any use of your Account whether or not authorized and shall notify LJP promptly of unauthorized access or use of your Account.

5.3 Purchases and Payment. If purchasing items in the Shop, you shall provide LJP or an applicable third-party with a valid method of payment acceptable to LJP. LJP or any third-party acting on its behalf is hereby authorized and has the right to automatically charge the amount (plus additional charges including but not limited to shipping and handling and all applicable taxes) using the payment method you provided. You hereby represent and warrant that: (a) you are authorized to use the payment method for purchase; (b) the payment information, including but not limited to credit card information or third-party payment account information, is true, correct and complete; and (c) you will pay charges incurred by you at the posted prices, including any additional charges and applicable taxes. LJP shall not provide refunds on items purchased on the Site unless required by applicable law. Prices posted on the Site may differ from prices offered through other channels, and all prices, discounts or promotions offered and displayed on the Site are subject to change by LJP in its sole discretion without notice. LJP reserves the right to cancel any orders which contain any errors or omissions at the time of purchase, including but not limited to item availability. Payment must be received prior to any order being accepted.

5.4 Standard Delivery Time. After making a purchase on the Site, please wait 15 business days before attempting to contact LJP to inquire about the status of the delivery. All purchases may be subject to postal and/or shipping delays. In particular, signed products may take longer to be shipped.

5.5 Personalization. When purchasing certain prints, you may request a short personalization from artist Lynn Johnston. However, the correctness or inclusion of the personalization is not guaranteed and may be omitted or adjusted at the sole discretion of Lynn Johnston.

5.6 Ecommerce Help. If you have questions about an order you made on the Site, most common answers are found by referring to the order confirmation email you received when placing an order or via our applicable third-party service providers. Should you require further assistance, please contact our respective third-party service providers or our customer service team at info@alottabotz.com.

5.7 Additional Purchase Terms. You remain subject to any additional terms and conditions relating to purchases as detailed elsewhere on the Site and/or Service, including but not limited to under the purchase pages for specific items.

6. USE OF THE SERVICE

6.1 Authorized Use. You shall not:

a. use the Service in any manner that violates the Terms;

b. alter, change or circumvent security related aspects of the Service;

c. provide false or inaccurate information to LJP, including but not limited to payment information;

d. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;

e. use any automated system (robot, spider, etc.) to access the Service;

f. reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service;

g. break, disrupt or attempt to break or disrupt any device used to support the Service or experience of another person or knowingly exploit a flaw or bug in the Service;

h. store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights;

i. harass, dox, abuse, stalk, threaten or impersonate any person;

j. use racist speech, racist terms, hate speech, hate terms, homophobic speech, homophobic terms, transphobic speech, transphobic terms, sexist speech, sexist terms or any other words or symbols that signify hate towards any person or group of people, including derogatory comments against minority communities;

k. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by LJP;

l. promote, encourage or undertake illegal activity or communicate, link to, post, submit or upload content that contains objectionable or offensive conduct;

m. misrepresent or misuse the affiliation or any corporate name, trademark or tradename of LJP or its affiliates; or

n. infringe or violate third-party rights including but not limited to: (i) contractual rights, (ii) copyright, patent, trademark or trade secret rights, (iii) privacy rights, (iv) publicity rights, or (v) confidential information, as determined by LJP in its sole discretion.

6.2 Suspension and Termination. LJP may suspend or terminate your access to the Service and/or Account, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues or non-compliance with the Terms. LJP has sole discretion to lift a suspension or reverse a termination. Your access to the Service and/or your Account, automatically terminates upon the earliest of the date: (a) you or LJP terminates your access to the Service and/or your Account; or (b) of your non-compliance with the Terms. You can find information pertaining to LJP’s personal information retention procedures in our Privacy Policy . If you make a purchase and LJP suspends or terminates your access to the Service and/or Account prior to shipping, LJP may, in its sole discretion, refund, cancel or ship the order with no notice or compensation to you required.

6.3 Privacy Policy. Use of the Service is governed by a Privacy Policy detailing how LJP collects, uses and discloses personal and anonymous data about you and is available on the Site. If at any time you disagree with the Privacy Policy, or any other applicable policies posted on the Site, you must immediately stop use of the Service and contact us at info@alottabotz.com.

7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1 Disclaimer. THE SERVICE IS PROVIDED TO YOU “AS IS” AND LJP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, LJP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL PREVENT PERSONAL INJURY OR DEATH, MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS OR MOBILE DEVICES, RESULT IN LOST DATA, OR BE SECURE AGAINST UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY LJP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.

7.2 Limitation of Liability. LJP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USER DATA, EVEN IF LJP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

7.3 Maximum Aggregate Liability. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD LJP AND ITS AFFILIATES FROM LIABILITY, YOU AGREE THAT LJP’S MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO LJP IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.

8. GENERAL

8.1 Governing Law. The Terms, Privacy Policy and any other applicable policies posted on the Site (“Policies”) are governed by the laws of the province of British Columbia and the laws of Canada, without reference to principles of conflicts of laws. The parties irrevocably attorn to the jurisdiction of the appropriate provincial and federal courts of the province of British Columbia to hear any proceedings related to the Policies.

8.2 Severability and Waiver. If any provision of the Policies is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of the Policies in full force and effect. No failure or delay by a party in exercising any right, power or remedy under the Policies constitutes a waiver.

8.3 Assignment. LJP may assign the Terms without your consent or notice to you. You cannot assign the Terms.

8.4 Survival. Sections 4.4, 7 and 8 survive termination of the Terms.

8.5 Entire Agreement. The Policies constitute the entire agreement between you and LJP with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.