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PLEASE REVIEW THE TERMS AND CONDITIONS SET OUT BELOW GOVERNING USE OF THIS SITE, BEFORE USING IT. IF YOU ARE A CHILD UNDER 18 YEARS OF AGE, PLEASE MAKE SURE YOUR PARENTS READ THESE TERMS OVER WITH YOU AND EXPLAIN ANYTHING YOU DON'T UNDERSTAND. IF YOU USE THIS SITE, YOU HAVE AGREED TO AND ACCEPTED THE TERMS OF USE SET OUT BELOW.
1. RIGHTS
© 2001 Sandylion Sticker Designs All Rights Reserved
Sandylion owns all rights in and to this site, including the site design, all content, including designs, graphics and artwork and any trade marks used on the site, except where any marks are identified as owned by third parties. Use of this site, and the content on it, does not convey any proprietary rights to you in this site or content.
2. PERMITTED USES
Content
You are permitted to use this site only for personal, informational, non-commercial and lawful purposes. Therefore, you may not copy, reproduce, republish, upload, post, transmit, distribute or network materials from this site without Sandylion's prior written consent. You may, however, download single copies of materials from one computer for personal, non-commercial use, provided you do not modify the copies in any way and leave all proprietary notices relating to copyright and trade marks unaltered.
Software
You may download one copy of the software, data files, from the site, again only for personal, non-commercial purposes. No ownership of rights in the software is transferred to you and you may not redistribute, sell, decompile, reverse engineer, disassemble, network or otherwise use or modify the software.
3. POSTED MATERIALS
Although we would love to hear from our customers, please be aware that by submitting any of your own materials of any kind, including artwork, ideas, text, etc., to the website, you transfer to Sandylion all rights to use such materials, for any purpose. Posting materials on this site creates no obligations of confidentiality between you and Sandylion. You also warrant that any materials you post will not infringe or violate any third party's rights, including copyrights, trade mark rights, publicity or misappropriation of personality rights, nor will they be libelous, defamatory, obscene, false, misleading, harassing, threatening, abusive, harmful, contrary to any applicable provincial, federal or international law or regulation or in any other way unlawful. You also agree not to (a) knowingly post any software or data files containing computer viruses, (b) use the service to attempt to gain unauthorized access to other computer systems or networks connected to the service, (c) transmit nuisance materials such as "junk mail", "spam", "chain letters" or unsolicited mass distribution of email, (d) impersonate another, or (e) interfere with anyone else's enjoyment of the site.
We also advise you, that although technical processing of email communications may be necessary in order to send and receive messages or to conform to the technical requirements and/or limitations of the site, Sandylion does not endorse or authorize the content of any emails sent to the site and will not be liable for any unlawful, infringing, libelous or objectionable content. Sandylion also assumes no responsibility for the deletion or failure to store email messages. Sandylion reserves the right to remove any materials it finds inappropriate for any reason from its site. Please also do not post personal identifying materials, such as address, photos etc., on this site either. Solicitation for sales of any products and services by you on this site is also strictly prohibited.
4. CONFIDENTIALITY
Sandylion makes reasonable efforts to ensure the security of this site. However, the internet is not a completely secure medium and privacy cannot be guaranteed. Internet emails are vulnerable to interception and forging. Sandylion prohibits you from posting any confidential information on the site and will not be responsible for any damages to you or any third party suffered as the result of any unauthorized transmission of confidential information that you may make on the site or for any errors or any changes made to such transmitted information.
5. COMPUTER VIRUSES
Sandylion also makes reasonable efforts to ensure that any information provided on the site does not contain computer viruses. However, you should take reasonable precautions to check for computer viruses and also maintain a complete backup of all items on your computer system. Sandylion shall not be liable for any damages arising from viruses occurring on the site.
6. JURISDICTION
Sandylion is providing these materials strictly for informational and promotional purposes. The site originates and is operated by Sandylion within Canada; therefore, Sandylion makes no representation that the site is appropriate or available for use in other locations. Anyone who uses this site in other locations does so of their own volition and is solely responsible for complying with local laws to the extent any are applicable. The software from the site is further subject to United States export controls. [Put in notice concerning U.S. specific statute regulations].
7. TERMINATION
These terms are in effect until terminated by either party. Any amendments or changes to these terms of use may be made by Sandylion from time to time, by posting the changes on the site. You should review these terms of use on a periodic basis as it will be deemed that you have reviewed the changes and agreed to them. You may terminate this agreement at any time by destroying all materials obtained from Sandylion's website and any copy of the software or related documentation downloaded on your computer. Sandylion reserves the right to terminate your use of this site immediately in the event you fail to comply with any term or provision in this agreement or infringe any of Sandylion's intellectual property rights in its site and/or products. Upon termination by Sandylion, you must also destroy all materials from the site and any software downloaded on your computer. Sandylion reserves the right to modify or discontinue this site at any time, in its sole discretion. Sandylion shall not be liable to you or any third party for any modification or discontinuance of the site.
8. DISCLAIMER
This website is provided free to users for informational purposes only. Despite efforts to ensure that all information on the site is accurate and regularly updated, inaccuracies, and errors in the information may occur for which Sandylion shall have no liability.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SANDYLION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SANDYLION DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SANDYLION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF ACCURACY, RELIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SANDYLION BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SITE OR ANY MATERIALS CONTAINED THEREON, EVEN IF SANDYLION OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SANDYLION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
10. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without giving affect to any principles of conflicts of law. You agree that any action at law, arising out of or relating to this Agreement, shall be adjudicated by the provincial courts of Ontario or the Federal Court of Canada and you hereby consent and submit to personal jurisdiction for such courts for the purpose of litigating any action.
In the event that any of these terms are found to be unenforceable or invalid by a court of competent jurisdiction, such invalid or unenforceable shall be deemed severable and shall not affect the validity and enforceability of any other term or provision herein. This is the entire agreement relating to the subject matter herein.
Any notices to be given under this Agreement shall be made by registered mail, fax, or email. Faxes and emails shall be deemed received when actually received and notices by registered mail shall be deemed received five (5) days after they are mailed.
No waiver of any breach of any term or condition contained herein by either party shall be deemed to be a waiver of breaches of any other term or condition contained herein, nor a continuing waiver in respect of future breaches of the same or any other term or condition contained herein.
Sections 7, 8, and 9 survive any termination or expiration of this agreement.
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