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terms & conditions for use


This web site and the related web sites contained herein (collectively, the "Site") make available information on apparel, promotional items, awards and gifts (collectively, the “Product”) by flamingcheese productions ltd. This Site, and the services of each of its modules, are offered exclusively by flamingcheese productions ltd. and/or its various third party providers and distributors. The offer of such goods and/or services is conditioned on the user's ("User('s)" or "You(r)") acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the "Terms").
BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.

Use of Site

The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make purchases for either Yourself or for another person for whom You are authorized to act.
You may only use this Site to make legitimate purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or sale.
This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from flamingcheese productions ltd. has been granted. You agree that You will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, You agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express written permission of flamingcheese productions ltd.. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of flamingcheese productions ltd. or any third party that provides services related to this Site.
You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain flamingcheese productions ltd. prior express written consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to flamingcheese productions ltd. and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for flamingcheese productions ltd. or cause flamingcheese productions ltd. to lose (in whole or in part) the services of our suppliers.

Proprietary Rights Information

This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of flamingcheese productions ltd. and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of flamingcheese productions ltd. and/or other parties is granted to or conferred upon You. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any flamingcheese productions ltd. or flamingcheese productions ltd. trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.

Trademarks

The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of flamingcheese productions ltd., its affiliates and various third parties. Any reproduction or use of any of the contents of this Site without the express written consent of flamingcheese productions ltd. is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of flamingcheese productions ltd. or such other party that may own the Trademarks.

Copyright

This Site, including each of its modules, is the copyrighted Product of flamingcheese productions ltd. and/or its various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of flamingcheese productions ltd., except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual Product laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.

Software

Any software that is made available to download from this Site ("Software") is the copyrighted work of flamingcheese productions ltd. and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement terms. Please note that copyright laws and international treaty provisions protect all Software. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. Without limiting the foregoing, copying or reproduction of the Software for further reproduction or redistribution is expressly prohibited. Any warranty applicable to the Software will be specified in the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of Canada.

User Feedback

By submitting any ideas, comments, suggestions or other information: to flamingcheese productions ltd. related to improvements to the Site and/or services related to the Site; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain, flamingcheese productions ltd. Product. None of the Feedback shall be subject to any obligation of confidentiality on flamingcheese productions ltd. and flamingcheese productions ltd. shall not be liable for any use or disclosure of any Feedback. flamingcheese productions ltd. shall own all rights related to the Feedback (including without limitation intellectual Product rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to You.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to flamingcheese productions ltd. stated above.

Privacy, Use of Personal Information

flamingcheese productions ltd. respects the privacy of Users of this Site. flamingcheese productions ltd. provides the flamingcheese productions ltd. Online Privacy Statement so You will be informed about use of information flamingcheese productions ltd. collects at this Site. You hereby acknowledge and agree that You have read and consent to the terms of the Online Privacy Statement at the following link: http://www.flamingceese.ca/privacy.html, which is incorporated by reference herein.
This Site contains links to other web sites that may collect personally identifiable information about You. When You click on one of these links, You are entering another web site for which this Site has no responsibility. We encourage You to read the privacy policies of all such sites, as their policies may be materially different from flamingcheese productions ltd..
In addition to the circumstances described above, flamingcheese productions ltd. may disclose information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or Products of flamingcheese productions ltd. when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or Products, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

Monitoring

You agree that flamingcheese productions ltd. has no obligation to, but may monitor and review information You transmit over the Site. You agree that flamingcheese productions ltd. may censor, edit, remove or prohibit the transmission or receipt of any information that flamingcheese productions ltd., deems inappropriate or in violation of these Terms, and use any such information as necessary to provide the Site and/or to protect the rights or Products of flamingcheese productions ltd.. You agree that flamingcheese productions ltd. may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

Passwords

You acknowledge that flamingcheese productions ltd. will know passwords that You use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords, and accept responsibility for all activities that occur under Your account or password. flamingcheese productions ltd. takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.

Linked Web Sites

This Site includes links to other web sites. flamingcheese productions ltd. provides such links solely as a convenience to You and for informational purposes only. flamingcheese productions ltd. has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates flamingcheese productions ltd.’ endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither flamingcheese productions ltd., nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

Advertising Disclosure, Accuracy

Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. flamingcheese productions ltd. is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. flamingcheese productions ltd. reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

Mis-Communications / Lost Transactions

flamingcheese productions ltd. and any other providers of products or services related to this Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, flamingcheese productions ltd. and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. flamingcheese productions ltd. and any other providers of products or services related to this Site may cancel or modify reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that neither flamingcheese productions ltd. nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders You request or make on this Site which are not processed or accepted for any reason.

Personal Information, Credit Card Information

YOU AGREE THAT NEITHER flamingcheese productions ltd. NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
flamingcheese productions ltd. MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER flamingcheese productions ltd., NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER flamingcheese productions ltd., NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

Use of Third Party Suppliers

In order to offer the services related to this Site, and fulfill reservations or orders users place on this Site, flamingcheese productions ltd. may use third party suppliers. You acknowledge and agree that, the carriers, hotels and other suppliers providing travel or other services for flamingcheese productions ltd. may be independent contractors, and not agents or employees of flamingcheese productions ltd.. Your credit card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to flamingcheese productions ltd. or the Product at which you may have booked or purchased.
You agree to the terms and conditions of purchase imposed by flamingcheese productions ltd.
YOU AGREE THAT flamingcheese productions ltd. IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PRODUCT DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. flamingcheese productions ltd. HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND flamingcheese productions ltd. ‘S DIRECT CONTROL, AND flamingcheese productions ltd. HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.

Miscellaneous Terms

Denial of Access

In its sole discretion, in addition to any other rights or remedies available to flamingcheese productions ltd., and without any liability whatsoever to User, flamingcheese productions ltd., at any time and without notice, may terminate or restrict User's access to this Site and any related services.

Headings

The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.

Assignment

You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.

Additional Terms

Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.

Severability

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Attorney's Fees

If flamingcheese productions ltd. takes any action to enforce this Agreement, flamingcheese productions ltd. will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which flamingcheese productions ltd. may be entitled.

Modification

flamingcheese productions ltd. may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of the changed Terms.

EXCLUSION OF WARRANTY, DISCLAIMER

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. flamingcheese productions ltd. HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY flamingcheese productions ltd. WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL flamingcheese productions ltd., ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY flamingcheese productions ltd. OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST flamingcheese productions ltd., ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT flamingcheese productions ltd. IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

Indemnification

You agree to indemnify and hold flamingcheese productions ltd. and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. flamingcheese productions ltd.’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law

Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the Province of Ontario applicable to contracts entered into and to be performed entirely within the Province of Ontario. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph.

Entire Agreement

These Terms, together with those incorporated herein or referred to herein (including, without limitation, the flamingcheese productions ltd. Online Privacy Statement) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

June 30, 2008

 

 

 

 

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