TERMS AND CONDITIONS OF LIQUOR DONUTS WEB SITE USE
WE THANK YOU FOR YOUR INTEREST IN THE LIQUOR DONUTS WEB SITE (THE
“LD RECORDS INC SITE” or “LDRIS”). PLEASE READ THESE TERMS AND
CONDITIONS OF WEB SITE USE (THE “TERMS AND CONDITIONS”) CAREFULLY
BEFORE USING THE LDRIS. BY USING THE LDRIS, YOU AGREE TO COMPLY WITH
ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE
TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE LDRIS. WE RESERVE
THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO
REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED USE OF THE LDRIS SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
1.0 RIGHTS IN LDRIS AND CONTENT
1.1 The LDRIS and all content provided on the LDRIS is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by LD RECORDS INC and/or its affiliates and related companies. Nothing contained on the LDRIS should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying LD RECORDS INC and/or its affiliates and related companies or their respective products and services displayed on the LDRIS, without the expressed written consent of LD RECORDS INC or such third party that may own such trademarks, logos and other names displayed on the LDRIS.
2.0 USE OF LDRIS AND CONTENT
2.1 No information or material from the LDRIS may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the LDRIS and any content accessed through the LDRIS. You are hereby advised that LD RECORDS INC will aggressively enforce its intellectual property rights to the fullest extent permitted by law.
2.2 You will use the LDRIS and any content, material, or information found on the LDRIS solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the LDRIS any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the LDRIS. You will also be liable for any loss or damage resulting, directly or indirectly, from any material or information available by you through the LDRIS.
2.3 LD RECORDS INC has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the LDRIS, and LD RECORDS INCis not responsible for any of this material or information. However, LD RECORDS INC reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in
part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, LD RECORDS INC reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
2.4 You hereby grant to LD RECORDS INC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to the LDRIS and/or to incorporate it in other works regardless of form, medium or technology.
3.0 DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
3.1 The information contained on the LDRIS is for informational purposes only and it is not intended to meet any particular user’s need. documents provided on the LDRIS are provided as a service only, and do not constitute official versions of such documents. the LDRIS, and all content, material, information or postings found on or accessed through the LDRIS, are provided on an “AS IS” basis. LD RECORDS INC, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the LDRIS or the content contained in or accessed through the LDRIS. Neither LD RECORDS INC nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the LDRIS or the content contained in or accessed through the LDRIS, including, but not limited to, the contents of any content, information, material, or posting found on the LDRIS (including, but not limited to, any press releases or financial information), any services provided through the LDRIS, or any links to other sites made available on the LDRIS or the content contained on such site(s), or as to the continuous or error free use and operation of the internet or the LDRIS. Neither LD RECORDS INC nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants or agents makes any representations or warranties that the LDRIS or access to and use of the LDRIS will be uninterrupted, error free, or free from defects, viruses or other harmful components. you expressly agree that use of the LDRIS is at your sole risk.
3.2 Information provided on the LDRIS may contain references or cross references to LD RECORDS INC, its affiliates and related companies’ products and services that are not available in your local area and LD RECORDS INC, its affiliates and related companies makes no representations or warranties as to the availability of such products and services in your local area and such references do not imply that LD RECORDS INC, its affiliates and related companies intend to provide such products or services in your local area. LD RECORDS INC recommends that you consult with your nearest LD RECORDS INC business office for information regarding the products and services which may be available to you in your local area. Web sites accessed via links or other means from the LDRIS have, unless otherwise indicated,
been independently developed by third parties. The inclusion of any information, material, content or links on the LDRIS should not be construed as an express nor an implied endorsement of any third party products or services.
3.3 Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall LD RECORDS INC or its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material, or postings on the LDRIS, directly or indirectly, or the transmission of confidential or sensitive
information over the internet. these limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. you specifically acknowledge and agree that neither LD RECORDS INC nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for
any defamatory, offensive or illegal conduct of any user, including you.
4.1 If you are dissatisfied with the LDRIS or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the LDRIS. In such an event, you agree to destroy all materials obtained by you on the LDRIS and any and all other LDRIS(s) and all copies thereof. The Terms and Conditions shall survive any such termination.
5.0 MISCELLANEOUS TERMS
5.1 Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as LD RECORDS INC may
determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies or guidelines posted on the LDRIS by LD RECORDS INC constitute the entire agreement between LD RECORDS INC and you with respect to the subject matter hereof. No waiver by either LD RECORDS INC or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English