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Locusts' Privacy Policy

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The Internet contains a wealth of information, which is what attracted you to it in the first place. Some sites will collect personal information about you to enhance the use of that site - to personalize pages etc. You probably don't want anyone else to know these details - for example, your real name (though some people on the 'net use aliases, alter egos or nicknames), street address, phone number, or e-mail address. Also the other thing to remember is that when you go online, sites you visit may be gathering information about you without your knowledge.

Locust's policy is to respect and protect the privacy of our users. Locust and Locust affiliates will not fully disclose individually identifiable information about its customers to any third party without first receiving that customer's permission. This policy statement tells you how we collect information from you and how we use it. Using the Internet should be a fun and non-threatening experience and we want to help make it so.

Locust occasionally shares information about our users with business partners, sponsors and other third parties. However, we always talk about our users in aggregate, not as individuals. For example, we will say Locust's audience is x percent females and y percent males. This data is only used to slant the Locust web sites content for its visitors.

There are cases where Locust may ask you for personal information, such as your name or address. We only do this when you register for contests/promotions or services that require registration or subscription (for example, a chat). Locust needs to collect this information for fulfilling prizes (otherwise you wouldn't receive them), tracking or verifying compliance with Locust policies as well as federal, state and local laws and/or for editorial and feedback solicitation purposes. When we intend to use your personal information, we tell you up front. This way you can decide whether you want to give us the information or not. For example, we may want to post the names of contest winners on our site or send you materials via e-mail or regular mail at your request. In case you change your mind or some personal information may change (such as your marital status), we will endeavour to provide a way to correct, update or remove the personal data you give us.

Locust encourages parents and guardians to spend time online with their children and to participate in the activities offered with the multitude of sites the World Wide Web (WWW) offers. No information should be submitted to or posted on a Locust website by guests under 13 years of age without the consent of their parent or guardian.

Unless otherwise disclosed during collection, Locust does not provide any personally identifying information, regardless of its source, to any third party for any purpose whatsoever. All registrants receive e-mail confirming their registration. No information collected from guests under 18 years of age is used for any marketing or promotional purposes whatsoever, either inside or outside Locust except as explicitly stated during registration for contests or promotions.

Although guests under 13 years of age are allowed to participate in contests and promotions, if such a guest wins, notification and prizes are sent to the parents or guardians identified in the initial registration process. Publication of contest winners names and ages for individuals under 18 requires parental or guardians consent during contest registration.

Users should be aware that when you are on the Locust site, you could be directed to other sites that are beyond our control. There are links to other sites from Locust pages that take you outside our service. For example, if you "click" on a link in a news item, the "click" takes you off the Locust site. This includes links from partners that may use the Locust logos as part of a co-branding agreement. These other sites may send their own cookies to users, collect data or solicit personal information. Always be aware of where you may end up!

Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While Locust strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

Locust's policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond Locust's control, and is not to be applied in any manner contrary to applicable law or governmental regulation.

We reserve the right at our discretion to make changes to this policy at any time. Please check this page periodically for changes.




Terms and Conditions

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Please read these terms and conditions carefully before using this website (‘the Site’). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety please leave the Site.

Definitions

The terms "Locust", "we", "us" and "our" when used in these Terms of Use means Locust and its subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Locust.

The terms "you" and "your" when used in these Terms of Use means any user of this Website.

Agreement

Access to and use of this Website and the information, materials, products and services available through this Website are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request. Please e-mail us at the e-mail address listed at the end of these Terms of Use.

ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Minors

This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 13 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a purchase on our Website’s online store.

Product & Services Information

All references on this Website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction.

Ownership of content

The Site is owned and operated by The Soccer Company Inc., a company registered in Ontario, Canada.
All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Locust, Inc. and (hereinafter in this document ‘Locust’), its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Locust, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of Locust or its licensors unless otherwise expressly agreed.


Copyright and Trademarks

Copyright
The copyright in all Content is and remains owned by Locust. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of Locust. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Locust. Locust does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Locust retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Trademarks
All trademarks, service marks and trade names of Locust used herein (including but not limited to: the word mark "Locust", "the Locust logo", "Creating Champions", "Trust your Instincts", "Skintek", "Locust Earth", "driPerformance", "Valve Airlock System", "Flight Control Technology", "Finger Block Technology", "Impact Control Technology", "Grip Control Technology", "Wet Control Technology", "Mobility Traction Technology") are trademarks or registered trademarks of The Soccer Company, Inc. or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Locust trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Locust' prior written consent. The use of Locust trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of Locust.

Hyperlink Disclaimer

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Locust website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Data Protection Consent

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read through all these documents carefully. All personal data provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy. Posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Locust reserve the right to suspend or withdraw the whole or any part of the site at any time without notice and without incurring any liability.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

Your Obligations

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Website.

In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact Locust at legal@locust.com) and until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Locust reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website (including any information, materials, products or services available through this Website).

Modification and discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Entire Understanding

These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to the use of this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

Severability and Non-waiver

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.


Unsolicited ideas
Locust maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") from persons external to Locust. You should therefore not post any Materials on the Site or send these to Locust by e-mail or otherwise. In the event you do sent Locust any Materials, despite the request not to do so, Locust shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and Locust shall not be bound by any confidentiality obligation in respect of such Materials.

Contact us
If you have any questions or comments about the Site or any of our services, please email us at legal@locust.com or write to us: Locust, Inc. 99 Bronte Road, Suite 615 Oakville, Ontario, L6L 3B7

Changes to the terms
Locust reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Locust Privacy Policy) will mean you accept those changes.

Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the Province of Ontario in Canada and the parties hereby submit to the non-exclusive jurisdiction of the Canada Superior Courts. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and provincial courts in Canada and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.