1. Accepting Our Terms

Our Terms are a legally binding contract between you, Isle 4, and Blue Monster Creative (Isle 4 is owned by Blue Monster Creative).

Note: “Section 11. Disputes with Isle 4,” contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Isle 4 and the other services provided by Blue Monster Creative (we’ll refer to Isle 4, and other services by Blue Monster Creative as our “Services”), so please read carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. You cannot use our services if you don’t agree with our Terms.

2. Global Isle 4 and Blue Monster Creative Rules

Isle 4’s Services connect customers with local vendors to sell, and buy goods. Here’s a guide to help you understand the specific rules that are relevant for you, depending on how you use our Services:

Everyone: To use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Vendors/Sellers: To list items for sale through our Services, our Vendor Terms of Use rules apply to you.

Customers/Buyers and Third Parties: To browse or shop, or request information from Isle 4, these policies apply to you. You can read them here.

Please also read the rest of this document because it applies to everyone!

3. Your Privacy

Your privacy is very important to us. Our Privacy Policy explains how your information is used when you use our Services. By using our Services, you agree that we can process your information in the ways set out in our Privacy Policy.

Both Isle 4 and its Vendors process members’ personal information (e.g., buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under Canadian law. Meaning that each party is responsible for the information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Isle 4, will be responsible for that unauthorized disclosure.

If, however, Isle 4 and Vendors are found to be joint data controllers of buyers’ personal information, and if Isle 4 is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Isle 4 for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification below.

4. Your Account

To use Isle 4, you’ll need to create an account. Here are our account rules:

A. You must be 18 or older to use our Services. If you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use Isle 4 or the Services.

B. Be honest. All information about yourself must be accurate.

C. Choose an appropriate name. When using a name, other than your personal name, that name cannot be offensive, vulgar, or infringe upon someone’s intellectual property rights, or otherwise violate our Terms.

D. Take responsibility for your account. You’re responsible for the activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Please note that accounts are not transferable.

E. Protect your password. You’re responsible for the activity on your account. Keep your account password secure!

F. No relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Isle 4.

5. Your Content

Content that you post using our Services is solely your content. This includes, for example: shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.

A. Responsibility: You understand that you are solely responsible for your content, and you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission/License/Rights. By posting your content through our Services, you grant Isle 4 a license to use it (it may be used in Isle 4’s marketing campaigns – printed or online). We don’t claim any ownership to it. By agreeing to allow Isle 4 permission to your content, we won’t infringe on any rights you have in your content and we can help promote your business. By posting your content, you grant Isle 4 a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content to provide the Services and to promote Isle 4, your Isle 4 shop, or the Services in general, in any formats and through any channels, including across any Isle 4 Services or third-party website or advertising medium.

C. Reporting Unauthorized Content. Isle 4 is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If your content infringes another person’s intellectual property, we will remove it if we receive proper notice.

D. Inappropriate, False, or Misleading Content. You agree that content that is abusive, threatening, defamatory, obscene, vulgar, fraudulent, deceptive, or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms will not be posted.

6. Using Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

• A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, provincial, federal, and international laws that may apply to you. You may not sell anything that violates any laws; you must comply with all legal sanction policies and not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Isle 4, another Isle 4 user, or a third party.
• B. Pay Your Bills. You are responsible for paying all fees that you owe to Isle 4. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
• C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
• D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
• E. Follow Our Trademark Policy. The names “Isle 4” and “Blue Monster Creative,” and the other Isle 4 marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Isle 4 in Canada and other countries. If you’d like to use our trademarks, please follow contact us about our Trademark Policy.
• F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Isle 4 (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

7. Termination

Termination By You. We don’t want you to leave, but you may delete your account with Isle 4 at any time from your account settings. When you delete an account, you will still need to clear up any outstanding balances with Isle 4, Blue Monster Creative, or customers.

Termination By Isle 4. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Isle 4 reserves the right to refuse service to anyone, at any time, for any reason.

If you or Isle 4 terminate your account, you may lose any information associated with your account, including your content.

We May Discontinue the Services. Isle 4 reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability

Items You Purchase. You agree that Isle 4 does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Isle 4 can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Isle 4 from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Isle 4 is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. You understand that we do not screen other users, and you release us from all liability relating to your interactions with other users. Use extreme caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Isle 4 is not a party to those agreements; they are solely between you and the third party.

Coupons and Promotions. You acknowledge that Isle 4 does not make any warranties with respect to coupons and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a coupon or coupon code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your coupon or coupon code if it has been reported lost or stolen, or if we believe your coupon is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

9. Indemnification

If Isle 4 is sued because of something that you did, you agree to defend and indemnify us. This means that you’ll defend Isle 4 (including any of ours or Blue Monster Creative’s employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of Isle 4’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Isle 4 will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Isle 4 has no obligation to resolve any disputes.

Release of Isle 4. You release Isle 4 from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Isle 4

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of Ontario, without regard to its conflict of laws rules, and the laws of Canada. These laws will apply no matter where in the world you live, but if you live outside of Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and Isle 4 agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Canadian Arbitration Association under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here.  Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Isle 4 are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable arbitration filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Isle 4 will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

D. Forum. We’re based in Corunna, Ontario, so any legal action against Isle 4 related to our Services must be filed and take place in Sarnia, Ontario or the location within the closest proximity to Sarnia. That means the seat of any arbitration shall be Sarnia or nearby. For any actions not subject to arbitration, you (where your contract is with Isle 4, Inc.) and Isle 4 agree to submit to the personal jurisdiction of a provincial court located in Southwestern, Ontario.

E. Government Exception. If you are a government agent or entity in Canada using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Ontario.

F. Modifications. If we make any changes to this “Disputes with Isle 4” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Isle 4 prior to the date the changes became effective. Isle 4 will notify you of substantive changes to the “Disputes with Isle 4” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Isle 4 a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Isle 4 in accordance with the provisions of this “Disputes with Isle 4” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Additional Legal Information

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Isle 4 regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. Contact Information

If you have any questions about the Terms, please email us at: info@isle 4.com.