Acceptance of Terms Through Use
We welcome you to browse our Site, but want you to know that your access to, and use of, the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY. We will have the right at any time to modify or add to these Terms and Conditions, effective immediately upon notice thereof, which may be given by any means, including but not limited to posting on the Site a revised version of these Terms and Conditions. If any such change is unacceptable to you, you may discontinue your use of the Site. You agree to periodically review the Terms and Conditions to be aware of such revisions. Your use of the Site may also be subject to additional or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Site.
Links to Third Party Sites & Services
The Site contains material which is protected, nationally and internationally, by copyright and/or trademark laws. No material (including without limitation the text, images, audio and or video from www.ScaredySquirrel.com or any Website owned, operated licensed or controlled by us and/or our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Material which is expressly so designated, and in such event only on any single computer for your personal non- commercial home or school use only provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our and/or one or more third party’s copyright, trademark and/or other proprietary rights. The use of any such Materials on any other Website or networked computer environment is prohibited without our express written consent. If you download software from the Site, the software, including any files and or images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms and Conditions and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for noncommercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in par or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, or which, without Kids Can Press' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying Kids Can Press will not be permitted.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. KIDS CAN PRESS DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. KIDS CAN PRESS, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KIDS CAN PRESS, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold Kids Can Press including its employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the Content therein, including without limitation your violation of the Terms and Conditions herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Your use and browsing of this Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing the Site. We do not warrant that the functions contained in the Materials will be uninterrupted or error free, and/or that all defects will be corrected. We do not warrant or make any representations regarding the use or results of the use of Materials in the Site in terms of their correctness, accuracy, reliability or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain disclaimers/limitations herein may be superseded by applicable local law.
By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Accessing the materials on the Site from territories where their contents are illegal is prohibited.
Choice of Law
This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms and Conditions or your use of the Site shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration and Severability
Unauthorized Use and Termination