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The following are the rules or "Terms"
that govern use of Kitchen Designs by Decor website (hereinafter
known as Kitchen Designs by Decor). By using or visiting the Site,
you expressly agree to be bound by these Terms and to follow these
Terms and all applicable laws and regulations governing the Site.
Kitchen Designs by Decor reserves the right to change these Terms
at any time, effective immediately upon posting on the Site. Please
check this page of the Site periodically. We will note when there
are updates to the Terms of Use on this page. If you violate these
Terms, Kitchen Designs by Decor may terminate your use of the Site,
bar you from future use of the Site, and/or take appropriate legal
action against you at your own cost.
No Deep Linking
You agree that you are only authorized to visit, view and to retain
a copy of pages of this Site for your own personal use, and that
you shall not duplicate, download, publish, modify or otherwise
distribute the material on this Site for any purpose other than
to review event and promotional information, for personal use, or
to purchase merchandise for your personal use, unless otherwise
specifically authorized by Kitchen Designs by Decor to do so. You
also agree not to deep-link to the site for any purpose, unless
specifically authorized by Kitchen Designs by Decor do so. The content
and software on this Site is the property of Kitchen Designs by
Decor and/or its suppliers and is protected by Canadian and international
copyright laws. We post a legal notice and various credits on pages
of the Site, which may not be removed. Please do not remove this
notice or these credits, or any additional information contained
along with the notices and credits.
User Contributions to the Site
There may be opportunities for you to contribute to the Site. These
may include, among others, etc. which collectively, we call "Content".
Kitchen Designs by Decor is not liable or responsible for any Content
provided by its users or other third parties to the Site ("User
Content"). The contributions of third parties do not necessarily
represent the view or opinions of Kitchen Designs by Decor. Kitchen
Designs by Decor cannot preview User Content before it appears.
Users can be held liable for any illegal or prohibited User Content
they provide to the Site, including among other things, infringing,
defamatory or offensive materials. If you discover this kind of
material on the Site, please notify the webmaster. We will investigate
your claim and may then take the actions deemed appropriate.
Links and Search Results
The Site may automatically produce search results that reference
or link to third party sites throughout the World Wide Web. Kitchen
Designs by Decor has no control over these sites or the content
within them. Kitchen Designs by Decor cannot guarantee, represent
or warrant that the content contained in the sites is accurate,
legal and/or inoffensive. Kitchen Designs by Decor does not endorse
the content of any third party site, nor do we warrant that they
will not contain viruses or otherwise impact your computer. By using
the Site to search for or link to another site, you agree and understand
that you may not make any claim against Kitchen Designs by Decor
for any damages or losses, whatsoever, resulting from your use of
the Site to obtain search results or to link to another site. If
you have a problem with a link from the Site, please notify the
webmaster, and we will investigate your claim and take any actions
we deem appropriate in our sole discretion.
Prohibited Content
The following is a partial list of the kind of Content which is
illegal or prohibited on the Site. It includes Content that:
• is patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
• could be harmful to minors;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
• contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page);
• displays pornographic or sexually explicit material of any
kind;
• provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information
from anyone under 18;
• provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
• Solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; and engages in
commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
Offline Conduct
Although Kitchen Designs by Decor can not monitor the conduct of
its Users off the Site, it is also a violation of these rules to
use any information obtained from this Site in order to harass,
abuse, or harm another person, or in order to contact, advertise
to, solicit or sell to any User without their prior explicit consent.
No Commercial Use
The bulletin board, chat and other areas and potential areas of
this ‘Site’ may not be used by our visitors for any
commercial purposes such as to conduct sales of tickets, merchandise
or services of any kind. You must obtain our prior written consent
to make commercial offers of any kind, whether by advertising, solicitations,
links, or any other form of communication. Without limiting the
foregoing, you may not resell or link to other sites for the purpose
of selling tickets of any kind. We will investigate and take appropriate
legal action against anyone who violates this provision, including
without limitation, removing the offending communication from the
Site and barring such violators from use of the Site.
Access and Interference
You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the
content contained thereon or for any other unauthorized purpose
without our prior expressed written permission. You agree that you
will not use any device, software or routine to interfere or attempt
to interfere with the proper workings of the Kitchen Designs by
Decor web site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our
infrastructure. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content
(except for your own person, non-commercial use) from our website
without the prior expressed written permission of Kitchen Designs
by Decor.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not
limited to, unauthorized ticket sales, unauthorized framing of or
linking to the Site, or unauthorized use of any robot, spider or
other automated devise on the site, will be investigated and appropriate
legal action will be taken, including without limitation civil,
criminal and injunctive redress.
Violation of the Terms
You understand and agree that, it is Kitchen Designs by Decor sole
discretion, and without prior notice, Kitchen Designs by Decor may
terminate your access to the Site or exercise any other remedy available
and remove any unauthorized User Content, if Kitchen Designs by
Decor believes that the User Content you provided has violated or
is inconsistent with these Terms of Use or violated the rights of
Kitchen Designs by Decor , another User or the law. You agree that
monetary damages may not provide a sufficient remedy to Kitchen
Designs by Decor for violations of these terms and conditions and
you consent to injunctive or other equitable relief for such violations.
Kitchen Designs by Decor may release user information about you
if required by law or subpoena, or if the information is necessary
or appropriate to release to address an unlawful or harmful activity.
Kitchen Designs by Decor is not required to provide any refund to
you if you are terminated as a User because you have violated these
Terms of Use.
Privacy
We believe that your privacy and the privacy of all our users is
important. Please review our Privacy Policy. By posting Content
to the Site, you authorize us to use or allow others to distribute,
reproduce or otherwise use the Content. Kitchen Designs by Decor
is not liable for any lost data resulting from the operation of
our Site and/or the enforcement of the Terms. We urge all users
to maintain their own back up versions of any content they submit
to the Site. Other than in registration forms, or when entering
a contest on the Site that is sponsored by us, you should not post
information about yourself on the Site that can be used to identify
you, your home or work address, phone numbers, pagers, email address
or other such personal information. Kitchen Designs by Decor cannot
prevent such information from being used in a manner that violates
these rules, the law, or your personal privacy and safety. By posting
such information on the Site, you violate these Terms of Use, and
you assume the risks and sole liability for the results of such
posting.
Copyright Policy
We will terminate the privileges of any user who uses this Site
to unlawfully transmit copyrighted material without a license express
consent, valid defense or fair use exemption to do so. In particular,
users who submit Content to this Site, whether articles, images,
stories, software or other copyrightable material must ensure that
the Content they upload does not infringe the copyrights or other
rights of third parties (such as privacy or publicity rights). After
proper notification by the copyright holder or it agent to us, and
confirmation through court order or admission by the user that they
have used this Site as an instrument of unlawful infringement, we
will terminate the infringing users' rights to use and/or access
to this Site. We may, also in our sole discretion, decide to terminate
a user's rights to use or access to the Site prior to that time
if we believe that the alleged infringement has occurred.
Disclaimers
Kitchen Designs by Decor does not promise that the Site will be
error-free, uninterrupted, nor that it will provide specific results
from use of the Site or any Content, search or link on it. The Site
and its Content are delivered on an "as-is" and "as-available"
basis. Kitchen Designs by Decor cannot ensure that files you download
from the Site will be free of viruses or contamination or destructive
features. Kitchen Designs by Decor disclaim all warranties, express
or implied, including also any implied warranties of merchantability
and fitness for a particular purpose. Kitchen Designs by Decor s
will not be liable for any damages of any kind arising from the
use of this Site, including without limitation, direct, indirect,
incidental, and punitive and consequential damages. Kitchen Designs
by Decor makes no guarantee of any specific result from use of this
Site. Kitchen Designs by Decor disclaim any and all liability for
the acts, omissions and conduct of any third party users, Kitchen
Designs by Decor users, advertisers and/or sponsors on the Site,
in connection with Kitchen Designs by Decor s services or otherwise
related to your use of the Site and/or Kitchen Designs by Decor
services. Kitchen Designs by Decor is not responsible for the products,
services, actions or failure to act of any venue, performer, promoter
or other third party in connection with or referenced on the Site.
Without limiting the foregoing, you may report the misconduct of
users and/or third party advertisers, service and/or product providers
referenced on or included in the Site to Kitchen Designs by Decor
by emailing the responsible party. Kitchen Designs by Decor may
investigate the claim and take appropriate action, in its sole discretion.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in
no event will Kitchen Designs by Decor be liable to you for any
indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits, even if Kitchen Designs by
Decor has been advised of the possibility of such damages.
Disputes
If there is any dispute about or involving the Site, by using the
Site, you agree that the dispute will be governed by the laws of
the province of Manitoba without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the provincial
and federal courts of the Province of Manitoba, City of Winnipeg.
Colours
We have made every effort to display as accurately as possible the
colours of our products that appear on this site. However, as the
actual colours you see will depend on your monitor, we cannot guarantee
that your monitor’s display of any colour will be accurate.
Indemnity
You agree to indemnify and hold Kitchen Designs by Decor , its subsidiaries,
affiliates, officers, agents and other partners and employees, harmless
from any loss, liability, claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
your use of the Site, including also your use of the Site to provide
a link to another site or to upload content or other information
to the Site.
Trademarks
Kitchen Designs by Decor ’s logo and design are trademarks
of Kitchen Designs by Decor . All rights reserved.
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