Terms of use - Hunky Dory

1. Agreement

‘Magine Enterprises Inc. operating hunkdoryns.ca (hereinafter referred to as the ‘website,’ ‘us,’ ‘we,’ and / or ‘our’) welcomes you to Hunky Dory website (the ‘Site’).

By accessing and using this Site, you signify that you have read, fully understand, and agree to be legally bound by these Terms of Use (the ‘Terms of Use’ or ‘Agreement’) and to comply with all applicable laws and regulations as they may change from time to time. We suggest you print a copy of these Terms of Use for your records.

2. Intellectual Property Rights

The Site consists of various graphics, texts, photographs, images, videos, icons and buttons that have been provided by us and/or other entities under our direction (e.g. site designers). All such content is owned by us and/or the applicable third-party entity. For greater certainty, we and applicable third-party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trademarks, brand names, and software (collectively, the ‘Site Content’).

You hereby acknowledge that the Site Content is protected by all copyright, trademark, and other applicable intellectual property laws. Your use of the Site does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of our or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with our ownership of the Site and/or our ownership of, or any third-party’s ownership of, any Site Content.

Certain names, graphics, logos, icons, designs, words, titles, or phrases contained within the Site may constitute trade names, registered or unregistered trademarks or service marks (collectively, ‘Trademarks’) of or other entities. Trademarks may be registered in Canada and in other countries as applicable. All Trademarks not owned by us are the property of their respective owners, and, where used by us are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademark(s). You agree that you will not take any actions inconsistent with our ownership of, or any third party’s ownership of, the Trademarks.

3. Code of Conduct

You hereby agree that you shall not use the Site to:

disrupt, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Site;
collect information about others without their consent; and/or
upload, post, email, transmit, or otherwise make available any content that you do not have the right to disclose or make available.

Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Site or of our systems.

4. Notice of Infringing Content

To provide notice of allegedly infringing materials on the Site, please contact us at: info@pccac.ca.

5. Release

By using the Site, you hereby agree to release the website, and each of its respective agents, employees, directors, successors, and assigns (collectively, the ‘Releasees’) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Site, Site Content, and/or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other cause of action.

6. Disclaimer and Limitation of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, AND EXCEPT AS EXPLICITLY PROVIDED THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER, DEVICE AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT THE WEBSITE HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE WEBSITE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF WEBSITE LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

7. Errors on the Site

Information provided on the Site is believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information on the Site if it is erroneous or inaccurate at any time without prior notice.

8. Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception, or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

9. Privacy

Without limiting the generality of these Terms of Use, your use of the Site is also subject to the terms of our Privacy Policy. Please carefully review our Privacy Policy. By using the Site, you signify that you have read, fully understand and agree to our Privacy Policy.

10. Governing Law and Jurisdiction

For users who are not individuals in the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Nova Scotia, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Nova Scotia in the City of Halifax in relation to all disputes arising from or related to this Agreement, and any related matters.

For users who are individuals in the province of Quebec, these Terms, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montréal in relation to all disputes arising from or related to this Agreement, and any related matters.

11. Links

This Site may contain links to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices, or the content of any website(s) owned and operated by any third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this Site to other websites, or references to products, services, or publications other than those of the website, do not imply the endorsement or approval of such websites, products, services, or publications by the website.

12. Termination

If you breach any provision of these Terms of Use you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.

If these Terms of Use or your permission to use the Site is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Use, then your sole and exclusive remedy is to discontinue using the Site. The Intellectual Property Rights, Release, and Disclaimer and Limitation of Liability provisions in this Agreement shall survive any termination of this Agreement.

13. Changes to these Terms and the Site

Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms of Use at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms on the Site and will indicate the date these Terms were last revised. To the fullest extent permitted by applicable law, your continued access to and/or use of any Site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms of Use, as revised.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

14. General

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors, and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.