HAUTE CHOCOLATE WEBSITE TERMS & CONDITIONS

 

TERMS AND CONDITIONS

BY VISITING WWW.HAUTECHOCOLATE.CA, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW

Your access and use of www.hautechocolate.ca and any other publicly accessed site maintained by Haute Chocolate linked to this Legal Notice (collective, the “Sites”) is your responsibility and indicates your agreement to be bound by these terms and conditions and our Website Privacy Policy www.hautechocolate.ca/privacy. If you do not agree to these conditions of use, please do not access or use our Sites.

All visitors are referred to as “user”, “you” and “your”; the terms “we”, “us”, and “our” refer to Haute Chocolate (“Company”). 

Company may revise and updated these Terms and Conditions and/or our Privacy Policy at any time. Your continued usage of or access to the Sites will indicate your acceptance of those changes. You must read these Terms and Conditions along with any other terms, conditions, or disclaimers located throughout the Sites. 

You are responsible for complying with any local laws that are applicable in your jurisdiction.

All products and services provided and advertised by Company are subject to any other applicable terms and conditions governing their use.

SITE USE 

Information provided on the Sites and related to our service of Styled Stock Photography Membership, Commercial Photography, Business Strategy and Brand Styling (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate. 

In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others. 

You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site.  This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.

Failure to comply with the terms and conditions listed here may cause you to be removed from the Site. 

INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. Company’s logo and Company brand and product names referenced herein are either registered trademarks or trademarks of Company or its partners or suppliers. All other brand and product names mentioned herein are trademarks of their respective owners. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent or as provided for in these Terms and Conditions.

Unless expressly provided otherwise by Company, all comments, feedback, information or materials submitted to Company through or in association with the Sites shall be considered non-confidential and Company’s property. By submitting such comments, feedback, information or materials to Company, you agree to a no-charge assignment to Company of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Company shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.

 

Company authorizes you to view, print, copy and distribute materials on the Sites provided that:

the information by be used internally by you only for informational, non-commercial purposes;

no fee may be charged for distribution of any information to any third party; and

any and all copyright or other proprietary notices that appear herein including “Copyright 2014, [COMPANY]. All rights reserved” together with this Legal Notice, must appear on any copies that you make.

The content on the Sites is protected by Canadian and foreign copyright laws. Any use of the content not expressly permitted in these Terms and Conditions is a breach and may violate copyright and other laws. Any copyright or other legal infringement may result in legal action taken on behalf of the Company.

DISCLAIMER AND LIMITATION OF LIABILITY

(1) Any product, process or technology published on the Sites may be the subject of Intellectual Property rights reserved by Company, its subsidiaries or licensors, and are not licensed under this agreement. 

(2) All information provided via the Sites, including, without limitation, any Company or its subsidiaries’ product or service plans, software programs, software code, offerings or programs, statements of future directions, “white papers” or other technical or marketing materials (collectively, “Information”) is intended for informational purposes only and is subject to change or withdrawal by Company at any time without notice. Company assumes no responsibility for the accuracy or completeness of the Information. THE INFORMATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS, OR NON-INFRINGEMENT. COMPANY FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITES OR THE INFORMATION PROVIDED HEREIN. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Company assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Sites.

 

THIRD PARTIES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of Sites.  Any other link will be covered by the terms and conditions of that specific site.  You acknowledge and accept that we are not responsible for the terms or practices of third parties.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the Province of [Alberta], and of Canada, exclusive of choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation.  The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be [Calgary, Alberta] and any such decision or award shall be binding on the Parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

MISCELLANEOUS

Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms and Conditions constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.  No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.

By accessing or using the Sites, you agree to these Terms and Conditions, without modification, and acknowledge reading them.  We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site.  By continuing to use the Site after we post any such changes, you accept the new Terms and Conditions with the modifications.

CHILDREN

To access or use the Site, you must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms and Conditions. 

Updated: [October, 2015]

© Haute Chocolate, 2015. All rights reserved.

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