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Terms & Conditions

Web Site Terms and Conditions of Use

 

Introduction

 

Your use of the Web site is subject to the terms of these Terms of Use, the Privacy Policy, the Disclaimer and any other relevant terms and conditions, policies, and notices which apply to the Web site or a specific section or module of the Web site.  Please read these Terms of Use carefully before using the Web site.

 

 

Accepting these Terms of Use

 

By using the Web site, you signify your agreement with these Terms of Use.  If you do not agree with any of the below Terms of Use, do not use the Web site.  Everlasting Decors reserves the right, in it's sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

 

 

Restrictions on Use

 

Prohibited Acts.  concerning your use of the Web site, you agree not to knowingly:

 

1.   use any device, software or technique to interfere with or attempt to interfere with the proper working of the Web site;

2.   post or transmit to the Web site any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;

3.   post or send to the Web site any information that contains a virus, bug, or other harmful item;

4.   publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the content (other than as expressly permitted herein);

5.   post or transmit into or on the Web site any information in violation of another party’s copyright or intellectual property rights;

6.   take any action which imposes an unreasonable or disproportionately large load on Everlasting Décor's infrastructure;

7.   redeliver any of the content using “framing”, hyperlinks, or other technology without express written permission; or,

8.   use any device or technology to provide repeated automated attempts to access password-protected portions of the Web site.

 

 

Right to regulate

 

You acknowledge that Everlasting Decors has the right, but no obligation, to monitor the Web site, postings made by users on the Web Site or to disclose any information necessary to operate the Web site, to protect Everlasting Decors, third parties, Everlasting Decor's customers and to comply with legal obligations or governmental requests.  Everlasting Decors however reserves the right, in its sole and absolute discretion, to monitor and edit postings and registrations, remove them, and cause them not to be posted, published, uploaded or distributed at any time and for any reason or no reason.  Everlasting Decors reserves the right to refuse to post or to remove any information on the Web site, in whole or in part, for any reason.  Everlasting Decors reserves the right to change the Web site at any time at its sole discretion without notice to users.  Everlasting Decors may deny access to the Web site to anyone at any time for any reason whatsoever.

 

 

Compliance with law

 

You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Web site use. You may not use the Web site and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with Everlasting Decors, or (b) you are a person barred from using the Web site under the laws of Canada or other countries including the country in which you are resident or from which you use the Web site.

 

 

Password-protected areas

 

If you are allowed access to password-protected areas of the Web site, you agree to keep your password confidential and to send notice to Everlasting Decors within 24 hours if your password is compromised. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to Everlasting Decors necessarily is routed via third party computers to Everlasting Decors, and that Everlasting Decors is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.

 

 

Website Users – License of Your Content

 

By posting, publishing, uploading, or distributing any messages, data, information, text, graphics, links, content, or other materials (collectively, “Postings“) for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Everlasting Decors a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Everlasting Decors for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Everlasting Decors.

 

 

Revisions and Errata

 

Everlasting Decors reserves the right in its sole discretion to revise these Terms of Use for its Web site at any time without notice.  By using this Web site, you are agreeing to be bound by the then current version of these Terms of Use.  The materials appearing on the web site could include technical, typographical, or photographic errors. Everlasting Decors does not warrant that any of the materials on its web site are accurate, complete, or current although we try our best to do just that.

 

 

Copyrights and Restrictions

 

The Web site is controlled and operated by Everlasting Decors.  All material on the Web site, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights which are owned and controlled by Everlasting Decors or by other parties that have licensed their material to Everlasting Decors.  Material from the Web site or from any other Web site owned, operated, licensed or controlled by Everlasting Decors may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.  Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights.  For purposes of these Terms of Use, the use of any such material on any other Web site or networked computer environment is prohibited.  You are free to view, copy, print, and distribute the materials on the Web Site as long as the material is used for information only, the material is used for non-commercial purposes only, and copies of any material include Everlasting Decor's copyright notice.

 

 

Advertising

 

The Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable federal, provincial, and local laws. Everlasting Decors will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

 

 

Registration

 

Certain sections of the Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information on your own behalf and not on behalf of any third party. It is your responsibility to inform Everlasting Decors of any changes to that information or to change such information by signing in to your account. Each registration is for a single individual only. Everlasting Decors does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use.

 

 

Trademark

 

Everlasting Decor's logos are registered trademarks and/or service marks of Everlasting Decors.  You may not use these or any other of Everlasting Decor's trademarks or service marks without the written permission of Everlasting Decors.

 

 

Governing Law

 

These Terms of Use shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario.  Each of the parties irrevocably submits to the nonexclusive jurisdiction of the courts of Ontario.  No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from an Ontario court respecting these Terms of Use.  Any action you, any third party or Everlasting Decors bring to enforce these Terms of Use or, in connection with, any matters related to this web site shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.

 

 

Entire Agreement

 

This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, executed by Everlasting Decors.

 

 

Severability

 

If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of these Terms of Use shall continue in full force and effect.

 

 

These terms of use were last updated on: March 14, 2013

 

 

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