Last updated on March 27, 2013.
1. Acceptance of terms
Welcome to our web sites (collectively, “www.inglenuk.com” or the “website”)! The website is owned and operated by Inglenuk Import & Export Inc. (“Inglenuk Design” or “we”).
This TOU, which incorporates by reference other provisions applicable to use of www.inglenuk.com, including, but not limited to, privacy, shipping and return policies ("Supplemental Terms") governing the use of certain specific material contained in the website, sets forth the terms and conditions that apply to its use by User.
Inglenuk Design shall have the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Inglenuk Design shall have the ultimate right, at its sole discretion, to cancel or terminate user access to the website and/or user account if it user does not comply with this TOU and the website’s Supplemental Terms.
User agrees that any termination or cancellation of access to, or use of, the website may be effected without prior notice. If user does not abide by the terms of this TOU, user agrees that we may immediately deactivate or delete his/her user account, if any, and all related information and/or files in the said account and/or bar any further access to such information and/or files and/or the website (or part thereof). Further, user agrees that we shall not be liable to user or any third-party for any termination or cancellation of access to, or use of, the website.
User acknowledges that the only right with respect to any dissatisfaction with any modification or discontinuation of or to the website, or any policies or practices in relation to the website, is to cease using the website and cancel or terminate user’s subscription or registered user account, as applicable.
2. Registered Users
Certain portions, components, content and features of the Website are only available to individuals who register with www.inglenuk.com and create a user account (each, a "Registered User"). Upon registration, user agrees to the following:
a. User represent that he/she is eighteen years of age (18) or older and is not a person barred from receiving services under the laws of the Province of British Columbia and the federal laws of Canada or other applicable jurisdiction.
b. Provide true, accurate, current and complete information as prompted by any registration form(s) on the website (the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Inglenuk Design has the right to suspend or terminate user’s account and refuse any and all current or future use of the website (or any portion thereof) if any information provided is untrue, inaccurate, not current or incomplete.
c. Registered User profiles may not contain telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Inglenuk Design assumes no responsibility or liability for this material. User is solely responsible for his/her interactions with other users of the website.
d. A Registered User is responsible for maintaining the confidentiality of his/her password and account and is fully responsible for all activities that occur under his/her password or account. Shall a Registered User believe there was any unauthorized use of his/her password or account or any other breach of security, he/she agrees to immediately notify Inglenuk Design.
e. As a Registered User of the website we may, from time to time, email to you publicly available information about other Registered Users of the website, at our discretion.
g. A Registered User is solely responsible for managing his/her privacy and e-mail settings and should ensure that he/she exits from his/hers account at the end of each session.
3. Website Content
User agrees to defend, indemnify and hold Inglenuk Design, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of user’s submissions.
All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Website Content"), are the proprietary property of Inglenuk Design, its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Inglenuk Design’s prior written permission.
Inglenuk Design, Inglepicks, www.inglenuk.com and related words, domain names and logos are trade-marks and the property of Inglenuk Design. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
The material contained on www.inglenuk.com, including all portions of the website, content, site design, text, graphics, and the selection and arrangement thereof are Copyright Inglenuk Import & Export Inc., except as otherwise expressly provided herein.
The Website contains (or user may be sent through the website or e-mail) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Inglenuk Design, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If user decides to leave the website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, he/she does so on his/her own risk and user should be aware that our terms and policies no longer govern. User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which he/she navigates from the website or relating to any applications used or installed from the website.
Users posting a link to the website on a Third Party Sites must ensure they do not contain any web content that if shared or posted by a User would be a violation of the User conduct rules set forth above. Without limiting the forgoing, Users agree not to post a link to any website that contains, and represent and warrant that any such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Inglenuk Design or its Users to any harm or liability of any type. Upon including of a link, Users agree to defend, indemnify and hold Inglenuk Design, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any links, content, or other items or materials which may be shared or posted through links, or any breach or alleged breach of the foregoing representations and warranties.
By including a link to the Website on a Third Party Site, User automatically grants, and represents and warrants that it has the right to grant, to Inglenuk Design an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Website in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which User places the link.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE REPORTS FILED BY INGLENUK DESIGN. WITH THE SECURITIES REGULATORY AUTHORITIES OF EACH PROVINCE OF CANADA
EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF INGLENUK DESIGN OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO
WHILE WE TAKE GREAT
INGLENUK DESIGN RESERVES THE RIGHT TO LIMIT QUANTITIES.
4. Applicable Law
Inglenuk Design controls the website from its offices within the Province of British Columbia, Canada. As the website can be accessed from all provinces and territories of Canada and from other countries around the world, and as each of these jurisdictions have laws that may differ from those of the Province of British Columbia, by accessing the website, user agrees that all matters relating to access to, or use of, the website, or any other hyperlinked website, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. User also agrees and hereby submits to the non-exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledges that by voluntarily doing so, user is responsible for complying with all local laws.
In any action against us arising from the use of the website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
If any provision of these TOU shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This TOU, together with the Supplemental Terms, is the entire agreement between User and Inglenuk Design relating to the subject matter herein.
We may assign our rights and obligations under this TOU. This TOU will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this TOU, or to exercise any right under this TOU, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.