Web Site Terms,
Conditions and Notices
Important Legal Information
OVERVIEW
The
following terms, conditions, and notices (Site Rules) apply to all visitors or
users of Temptations Avenue’s Web site (this Web site). By using this Web site,
you agree to be bound by these rules and regulations, as they may be modified
by us at any time and posted on this Web site. In the event of a violation of
these rules and regulations, we reserve the right to seek all remedies
available by law and in equity.
LIMITED LICENSE
The
Web Site and all of its materials, including, but not limited to, its software
or HTML code, scripts, text, artwork, photographs, images, video, and audio
(collectively, "Materials" ) are protected by copyright laws and
other Canadian and international laws and treaties. All Materials are provided
through this Web site as a service to its current and prospective visitors and
may be used only for personal, informational, and product ordering purposes and
only if you also retain all copyright and other proprietary notices contained
on the Materials. No right, title or interest in our Materials is conveyed to
you. This is a limited license, not a transfer of title of our Materials, and
such license is subject to the following restrictions: you may not copy,
reproduce, publish, transmit, distribute, perform, display, post, modify,
create derivative works from, sell, license or otherwise exploit this site or
any of its Materials without our prior written permission; you may not access
or use this Web Site for any competitive or commercial purpose; nor may you
permit any copying of our Materials. Any unauthorized copying, alteration,
distribution, transmission, performance, display, or other use of these
Materials is prohibited. We may revoke this limited license at any time for any
or no reason. All rights not expressly granted are reserved by us, as
applicable.
TRADEMARKS
We
and our affiliated companies/partners retain all rights regarding our
trademarks, trade names, brand names and trade dress. These marks, names or
trade dress, and all associated logos or images, are registered and/or common
law trademarks and/or pending registration completion for Maple Leaf Business
Group, and they are protected by Canadian and international laws and treaties.
No license to the use of such marks, names or trade dress is granted to you
under these terms and conditions or by your use of this Web Site. Your misuse
of our trademarks displayed on this Web Site is strictly prohibited. You are
also advised that we may aggressively enforce our intellectual property rights
to the fullest extent of the law, including the seeking of civil remedies and
criminal prosecution.
PATENTS
One
or more patents or patent applications may apply to this website.
SPECIAL NOTICE
We
have a no-tolerance policy regarding the use of our trademarks or names (e.g. Temptations
Avenue) in metatags and/or hidden text. Specifically, the use of our trademarks
or names in metatag keywords is trademark infringement, and the use of
trademarks or names in page text, metatags, and/or hidden text for purposes of
gaining higher rankings from search engines is unfair competition. Linking to
any web page on this Web site is prohibited absent our express written
permission. Associating or juxtaposing our Web site or its Materials (e.g.,
through framing or inline linking) with advertisements and/or other information
not originating from our Web site is expressly prohibited.
YOUR COMMUNICATIONS
We
may, but are not obligated to, use in any way we see fit any ideas, concepts,
know-how, text, photographs, images or techniques ("User
Submissions") contained in any communication you send to the Web Site or
provide to us for any purpose whatsoever including, but not limited to,
advertising; promotion; entertainment; commercial purposes; and developing,
manufacturing and marketing products. Accordingly, we may use, edit, alter,
copy, reproduce, disclose, display, publish, remove, prepare derivative works
from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions,
in whole or in part, in any form, media or technology (e.g., broadcast and
cable television, radio, mobile transmission, and the internet), now known or
hereafter developed, all without any payment to or further authorization by
you.
You
understand that such User Submissions may be accessed and viewed by others,
including by the general public, and, whether or not such User Submissions are
published, Temptations Avenue does not guarantee any confidentiality with
respect to any User Submissions. You are solely responsible for your own User
Submissions and the consequences of their publication, posting, or broadcast.
We reserve the right to determine in our sole discretion whether User
Submissions are appropriate; whether they comply with these Site Rules, our
standards, and applicable law; and whether they may be posted or removed.
PROHIBITED USES OF
WEBSITE AND SERVICES
You
shall not post, transmit, redistribute, upload, or promote any communications,
content or materials that contain corrupted files, viruses, or any other
similar software files, the intent of which is to damage the operation of
another's computer; are unlawful, threatening, harassing, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, sexually explicit,
hateful, profane, indecent, racially or ethnically derogatory, or otherwise
objectionable; contain chain letters or pyramid schemes; contain any
unsolicited advertising, promotional materials, or other forms of solicitation
to other users, individuals or entities; impersonate any person, business or
entity, including us (our brands, lines of business, subsidiaries, and affiliated
companies) and our employees and agents; encourage conduct that would
constitute a criminal offense; give rise to civil liability; violate any law;
or exhibit any conduct that, in our judgment, restricts, impairs, interferes or
inhibits any other user from using or enjoying the Web Site and/or our related
services and products.
LINKING
Periodically,
links may be established from this Web Site to one or more external web sites
or resources operated by third parties (the “Third Party Sites”). These links
are provided for your convenience only. In addition, certain Third Party Sites
also may provide links to this Web Site. None of such links should be deemed to
imply that Temptations Avenue endorses the Third Party Sites or any content
therein.
We
do not control and are not responsible or liable for any Third Party Sites or
any content, advertising, products, or other materials on or available through
such Third Party Sites. Access to any Third Party Sites is at your own risk.
OUR PRODUCTS
All
features, specifications, products and prices of products and services
described on this Web site are subject to change at any time without notice.
From time to time there may be information on this Web site that contains
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, and availability. We make no representation as to the
completeness, accuracy, or currency of any information on this Web site. We
reserve the right to make changes in information about price, description, or
availability without notice. We reserve the right, without prior notice, to
limit the order quantity on any product and/or refuse service to any customer.
We have made every effort to display as accurately as possible the colors of
our products that appear on the Web site; however, the actual color you will
see will depend on many factors, including your computer, and we cannot
guarantee that your computer will accurately display our colors. The inclusion
of any products or services on this Web site does not imply or warrant that
these products or services will be available over the Internet or in each of
our stores at any particular time.
DISCLAIMER OF
WARRANTY
Access
to this Web Site is provided to our customers and prospective customers
"as is" and "as available" and without warranty of any
kind, whether express or implied, including but not limited to, those of
merchantability, fitness for a particular purpose, title or non-infringement.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, the foregoing disclaimer may not apply to you. Temptations
Avenue reserves the right to block or deny access to the Web Site to anyone at
any time for any reason.
JURISDICTION
We
control this Web Site from offices within the province of Ontario. We do not
imply that the materials published on this Web Site are appropriate for use
outside of Canada. If you access this Web Site from outside of Canada, you do
so, on your own initiative and you are responsible for compliance with local
laws.
REVISIONS
We
may terminate, change, suspend or discontinue any aspect of this Web Site,
including the availability of any features of the site, at any time and without
notice. We also reserve the right, at our sole discretion, to change, modify,
add or remove any portion of these terms in whole or in part, at any time and
without notice. Accordingly, this means we may terminate the authorization,
rights and license given in these Site Rules at any time and without notice.
Your continued use of this Web Site after any changes to these Site Rules are
posted will be considered acceptance of those changes.
NOTICE FOR COPYRIGHT
INFRINGEMENT
We
do not permit copyright infringing activities on this Web site. We may remove
any content of any kind that a user posts to this Web Site ("User
Communications"), e.g., if properly informed that the User Communications
infringe another's copyright rights. We may terminate the ability to submit
User Communications if, under appropriate circumstances, a person submitting
User Communications to this Web Site is determined to be a repeat infringer.
In Canada,
if you are a copyright owner or an agent for such owner and believe that any
User Communications on this Web site by third parties infringes upon your
copyrights, you may notify us by providing the following information in
writing:
1. A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive copyright right that is allegedly infringed;
2. Identification
of the location where the original or an authorized copy of the copyrighted
work exists;
3. Identification
of the User Communication(s) or material that is claimed to be infringing and a
description of the infringing activity and information reasonably sufficient to
permit Temptations Avenue to locate the same;
4. Information
reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an email address;
5. A
statement that you have a good faith belief that use of the User
Communication(s) or material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
6. A
statement that the information in the notification is accurate, and, under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive copyright right that is allegedly infringed.
Our
agent for notice of claims of copyright infringement can be reached as follows:
Maple
Leaf Business Group / Temptations Avenue
47 BrookStone St.
Nepean, ON
K2G6R6, Canada
By Email: info@mlbg.ca
If
you fail to comply with all of the requirements above, your notice may not be
valid.