Verbotomy for, and by, Lawyers

Intellectual property

© 2006-2007 The James Gang Advertising Inc. All rights reserved. This website including its contents are protected by National and International copyright laws and treaties. All graphic designs including all illustrations, characters and interface designs are covered by the copyright notice in this paragraph.

Reproduction of this website, in whole or in part, is strictly prohibited without the prior written consent of The James Gang Advertising Inc. You may not download any part of this website or store any part of this website in any electronic or other medium. You may not modify or create derivative works based in whole or on any part of this website. Doing any of the foregoing constitutes an infringement of the intellectual property rights of the owners of that intellectual property.

Trademarks appearing on the website are the property of their respective owners and are used only to identify them and/or their respective products and services.

VERBOTOMY™ and VERBOTICISMS™ are trademarks owned by The James Gang Advertising Inc.

Verbotomy Terms and Conditions

Terms of website registration and other conditions of usage

This website is owned and operated by James Gang Advertising Inc.

By registering to use this website, you agree to the following conditions of usage.

1. Only those who have parental consent, or who are 14 years of age or older, may register to use this website. You may only register once. To gain access to the website, you must select a username; in selecting the username or a password, you may not use a trade mark owned by someone else or any word or phrase that in the sole opinion of The James Gang Advertising Inc. may be legally or socially unacceptable.
2. Even though we employ technical measures to try to maintain the security of our website, we do not hold out that our website will be secure and therefore you should not assume that any communication to our website (be it an email communication or any other type of communication) will not be read by some third party.
3. We may enhance or update the "Verbotomy" game or any other aspect of our site, and we do not need to inform you in advance of any such enhancements or updates. The enhancements and updates become effective as soon as they are implemented by us.
4. You may submit information to the website (for example, when playing the "Verbotomy" game) but in that regard you cannot do anything that imposes a burden or unreasonable load on our website's technical infrastructure. You may only access our website via standard browsers and the like; automated software programs and similar software may not be used. When submiting information, you cannot submit anything that is illegal or contains a virus or other computer programming routine that is designed to damage or interfere with the website or its operation. We reserve the right to do anything with the information you upload if in our sole opinion it creates legal liability for us or if we might lose the services of an ISP or the services of those who host or manage our website.
5. All data and information you provide to us on or through this website becomes the sole property of The James Gang Advertising Inc.
6. This Agreement is governed by the laws of the Province of Ontario (Canada) and the laws of Canada applicable therein and any legal proceeding that is to be brought in relation to this website shall only be brought in a court of competent jurisdiction within the Province of Ontario; no court other than an Ontario court of competent jurisdiction shall have jurisdiction to hear any matter that relates directly or indirectly to this website.
7. We reserve the right at our sole discretion to cancel your registration at any time and for any reason without notice to you, even if that means that we have acted unreasonably. Without limiting the generality of the foregoing, some of the reasons we could cancel your registration are as follows: you are in violation of these terms and conditions, you have violated the intellectual property section discussed below, you have engaged in or assisted others in what is known as "hacking," or you have engaged in any social misbehavior.

We may amend the above terms at any time at our sole discretion, and the amendments will come into effect once they are published on this page of our website.

Disclaimer of Liability

The James Gang Advertising Inc. and those associated with them are not responsible for: (i) any damage caused to your computer as a result of your having used this Site, (ii) the continuous, error free or secure operation of the website, your ability to access your account whenever you want, or any communication to this website which is lost, misdirected or which arrives late, as the case may be, whether or not due to the fault of The James Gang Advertising Inc. or of any other person or thing and (iii) any of the following or similar problems (the "technical problems"): any delay or failure to perform whatever the reason, interrupted or unavailable browser or network server or malfunction, congestion, incompatibility, misconnection or miscommunication, failed or lost computer transmissions, or if The James Gang Advertising Inc.'s email/website portal is compromised by virus, bugs, unauthorized human or unauthorized non-human intervention or any other similar or related problem. This website and its content is provided on a "as is/where is" basis. THE JAMES GANG ADVERTISING INC. AND THOSE ASSOCIATED WITH THEM DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND (INCLUDING MERCHANTABILITY OR FITNESS FOR PURPOSE) WHETHER EXPRESS OR IMPLIED OR WHETHER STATUTORY OR BASED ON ANY COMMON LAW. THE JAMES GANG ADVERTISING INC. SHALL NOT BE LIABLE TO ANY PERSON FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWSOEVER CAUSED INCLUDING THOSE CAUSED BY THE NEGLIGENCE OF THE JAMES GANG ADVERTISING INC.) DIRECTLY OR INDIRECTLY ARISING OUT OF THIS WEBSITE OR THE USE THEREOF BY ANY PERSON.

Verbotomy Contest Rules and Regulations

The following promotion (the "Contest") is intended for residents of Canada or the United States (except for residents of Quebec, Florida, New York, Rhode Island and California) only and shall only be construed according to laws of the Province of Ontario, Canada.

The Contest is defined as the Verbotomy Weekly Give-Away. YOU MUST BE OF LEGAL DRINKING AGE IN YOUR PROVINCE/STATE OF RESIDENCE TO ENTER.

By submitting an entry, you acknowledge that you have read these rules (the "Rules") in their entirety, and read the TERMS OF VERBOTOMY WEB SITE REGISTRATION AND OTHER CONDITIONS OF USAGE including Copyrights, Terms and Conditions of Usage, Disclaimer of Liablity, in their entirety, and agree to abide by these rules and terms, which are final and binding on all matters pertaining to the Contest. THE WINNER WILL BE DETERMINED BY THE CRITERIA SET FORTH HEREIN. From all eligible entries received, the Winner(s) will be selected in the manner as set forth below. The Contest may not be used in any form of gambling.

NO PURCHASE IS REQUIRED TO ENTER.

1. CONTEST PERIOD: Contest period runs for a limited time period starting at 12:01:00 am of the first day of the contest and ending at 11:59:00 pm of the last day of the contest. The start day and last days will be as posted in the official Verbtomy Blog by the Site Admnistrator where the contest is announced. Start time and End time are based on Eastern Standard Time or Eastern Daylight Savings Time, whichever system is being commonly used during the contest period.

2. ELIGIBILITY: No purchase necessary to enter or win. The Contest is offered electronically via the Internet to all individuals who are legal residents of Canada or the United States (except for residents of Quebec, Florida, New York, Rhode Island and California), for the duration of the Contest, who are of legal drinking age in their province/state of residence and who have Internet access with a valid e-mail address as of the date of their entry who are registered participants in the online game Verbotomy (the “Game”). PERSONS RESIDING IN OTHER JURISDICTIONS ARE NOT ELIGIBLE TO WIN ANY PRIZES IN CONNECTION WITH THIS PROMOTION. Employees and persons domiciled with employees of the James Gang Advertising Inc. (the creators of Verbotomy) (collectively, the “Contest Sponsors”, their affiliates, advertising agencies, site providers, as well as any licensed manufacturer, importer, supplier, wholesaler or retailer of alcoholic beverages, the applicable Liquor Control/Licensing Agencies (the “Government Agencies”) are ineligible. The Government Agencies are not connected with this Contest in any manner whatsoever and are not liable in any way whatsoever in regard to any matter that relates to this Contest. To be eligible to win, entrants must also have correctly answered (without assistance) the skill-testing question by creating an invented word within the contest of the game. Grand prize winner’s companions must also be of legal drinking age in their province/state of residence and in the winner’s city of choice.

3. HOW TO ENTER and HOW TO WIN: To enter in the contest, entrants must go to the registration section of the www.verbotomy.com web site. Complete the on-line entry form in its entirety. Only one contest entry per person is allowed. Prizes will be awarded to the eligible entrants who collected the most points in the Game (Verbotomy) during the contest period. The grand prize will be awarded to the eligible entrant who has collected the most points. Second prize will be awarded to entrant who has collected the second most points . Third prize will be awarded to the eligible entrant who has collected the third most points. Finalist prizes will be awarded to the seven eligible entrants who have collected the fourth to tenth most points. In the event of a tie between two or more eligible entrants, the winner will be selected by a random draw between/among those entrants.

The odds of winning depends on the number of persons entering and the number of points collected by all eligible entrants in the game, Verbotomy. The skill component in this contest is the ability to win points in the Game (Verbotomy) which depends in part on the shrewdness of the player themselves and the skill-testing question on the ballot.

4. PRIZES: There will be one prize available to be won. The prize consists of one copy of the book, or other prize announced on the official Verbotomy Nlog by the site Adminstrator, at the beginning of the contest period.

Prizes must be accepted as awarded with no substitutions. Prize is non-transferable and has no cash value. No substitutions, except by the Contest Sponsors, who reserve the right to substitute a prize with a prize of equal or greater value.

All prizes will be sent to the winners at the mailing address listed on their registration form for Verbotomy. The Contest Sponsors are not responsible for prizes that are returned or otherwise undeliverable due to address or mailing errors.

5. GENERAL: All decisions of the contest judge are final. Potential winners will be contacted initially by email within two (2) days of the draw. If no answer is received within 2 business days, on the third business day following the email notification attempt, he/she will be notified by telephone. If the potential winner does not respond within two (2) business days of the date the email notification was sent and then within two (2) business days of the telephone notification, he/she forfeits the prize and an alternate winner may, at the sole discretion of the Sponsors, be identified/selected.

Acceptance of the prize(s) constitutes permission to use the winner's name, biographical information, and/or likeness for the purposes of advertising and promotion, without further compensation, as permitted by law. The Contest Sponsors reserve the right to remove any entry or refuse to allow an entry based on content. By participating in this Contest, each participant agrees to be bound by the Rules of this Contest. Grand prize winner and companions will be required to sign and return a declaration of eligibility, liability release and, where lawful, a publicity consent before being awarded the grand prize.

The Sponsors are not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify the Winner. Sponsors and their agents are not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; failed, incomplete, garbled or delayed computer transmissions, including lost, misappropriated or corrupted entries; virus, worm or Trojan Horse damage; or any other damage which may limit a participant's ability to participate in the Contest. Finally, each participant represents and warrants to the Sponsors that the entry will not contain content that it does not have the right to transmit under any law, contract of fiduciary relationship or which contains any viruses or any other information that may damage or otherwise interfere with the Sponsors’ computer systems, data or that of our users.

In the event of a dispute over the identity of the person who submitted the contest entry form, the form will be deemed to be submitted by the holder of the e-mail account. No correspondence will be entered into except with the potential winners. To be a winner, a person must be in full compliance with the contest rules. Potential prize winners who do not or fail to comply fully with the contest rules will automatically forfeit their opportunity to win that prize and nothing else will be substituted or given to that potential winner and no alternate winner will be chosen in their place.

Entries will be rejected if any required information is missing, if not properly completed and/or if the entry transmission results in a corrupted or unreadable entry being received. Persons tampering with or abusing the entry policy will be disqualified as will any player who attempts to win the game by fraudulent means or methods not expressly listed in the game rules. Any game player whose behaviour or electronic messages are considered offensive by the sponsors may be ejected from the game, and that player will not be eligible for any prizes.

THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.

6. RELEASE: By entering the Contest, the entrant agrees to release and hold harmless the Contest Sponsors, their affiliates, directors officers, employees and agencies from any liability whatsoever, and to waive any and all causes of action, for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

7. GOVERNING LAW: This Contest and these rules are governed by and are to be construed under the laws of the Province of Ontario, Canada.

8. SPONSOR: The Contest Sponsors, The James Gang Advertising Inc. (www.jamesgang.com) reserve the right, at their sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest; to be acting in violation of the Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY ENTRY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO DISQUALIFY SUCH ENTRANT OR INDIVIDUAL AND SEEK DAMAGES FROM ANY SUCH ENTRANT OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

9. RULES: This Contest is subject to these complete Rules and all applicable federal, state and local laws and regulations. By participating in the Contest, entrants acknowledge having read the rules and agree to abide by their terms and by the decisions of the Sponsors, which are final and binding on all matters pertaining to the Contest. All federal, provincial and local laws and regulations apply. The Contest Sponsors reserve the right: (i) modify or cancel this contest at any time without prior notice to contestants; and (ii) to substitute a prize with one of equal or greater value in the event of unavailability of any prize.

© 2007 Copyright The James Gang Advertising Inc. All rights reserved.