|
|
WEBSITE TERMS OF USE
White Spot Limited (“White Spot”) welcomes you to its website (the “Site”)! These
terms of use (“Terms of Use”) apply exclusively to your access to, and use of,
this Site so please read them carefully.
White
Spot reserves the right to change or modify any of the terms contained in these
Terms of Use, at any time and in its sole discretion. Any changes or
modification will be effective upon posting of the revisions to this Site. Your
continued use of this Site following the posting of its changes or modifications
will constitute your acceptance of such changes or modifications. Therefore,
you should frequently review the Terms of Use from time-to-time to understand
the terms and conditions that apply to your use of this Site. BY
ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS
OF USE AND ANY SUBSEQUENT CHANGES THERETO. IF YOU DO NOT AGREE TO THESE TERMS
OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE
THIS SITE.
TRADEMARK, COPYRIGHT NOTICE AND AUTHORIZED USE OF SITE
This Site contains many of the valuable trademarks owned and used by White Spot.
These trademarks and related proprietary property may not be copied,
distributed, or displayed, or reproduced or transmitted in any form or by any
means, electronic, mechanical, photocopying, recording or otherwise, except as
expressly provided in these Terms of Use or with the prior written permission of
White Spot.
All copyrighted and copyrightable materials on this Site, including, without
limitation, White Spot logos, design, text, graphics, pictures, documents and
files, and the selection and arrangement thereof, are the property of White
Spot, including all intellectual property rights therein including copyright ALL
RIGHTS RESERVED.
You are authorized to access, use and view this Site, and to copy and print
documents published by White Spot on this Site, for your personal and internal
use only. In consideration of this authorization, you agree that any copy of
these documents shall retain all trademark, copyright and proprietary notices
contained thereon.
Except as stated above, no part of this Site may be reproduced, stored in any retrieval
system, or transmitted in any form or by any means, whether electronic,
mechanical, printed, photocopied, recorded or otherwise.
You may not use, frame or utilize framing techniques to enclose any White Spot
trademark, logo or other proprietary information (including the images found at
this Site, the content of any text or the layout/design of any page or form
contained on a page) without White Spot's express written consent. Further, you
may not use any meta tags or any other “hidden text” utilizing a White Spot
name, trademark, or product name without White Spot's express written consent.
White Spot reserves the right, without notice and in its sole discretion, to terminate
your permission or license to use this Site, and to block or prevent future
access to and use of this Site. Without limiting the foregoing, any
unauthorized use of this Site will automatically terminate the permission or
license granted by these Terms of Use and may violate applicable law including
without limitation copyright laws and trademark laws.
DISCLAIMERS
White Spot strives to ensure that the information contained in this Site is accurate
and reliable. However, White Spot makes no representations, warranties or
conditions about any information contained in this Site. THIS SITE AND THE
INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT REPRESENTATINONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHITE SPOT DOES NOT REPRESENT
OR WARRANT THAT INFORMATION IN THIS SITE IS ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. WHITE SPOT IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS
RELATING TO PRICING OR FRANCHISE OR OTHER INFORMATION ON THIS SITE. WHILE WHITE
SPOT ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THIS SITE IS SAFE, WHITE SPOT
CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHITE SPOT DOES NOT WARRANT THAT
THIS SITE WILL OPERATE CONTINUOUSLY OR ERROR FREE.
White Spot may from time to rime revise the information, services, products and the
resources contained in or referred to in this Site, and reserves the right to
make such changes without any obligation to notify past, current or prospective
visitors.
IN NO EVENT SHALL WHITE SPOT BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR
DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) PUNITIVE,
EXEMPLARY OR AGGRAVATED DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF
OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, ANY INFORMATION
PROVIDED THEREIN OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF WHITE SPOT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree
that White Spot’s maximum aggregate liability for damages arising out of or
related to these Terms of Use shall be limited to $10.
The limitations of liability and disclaimers in these Terms of Use apply regardless
of the form of action, whether for breach of or repudiation of contract,
warranty, strict liability, negligence or other tort, or any other legal or
equitable theory, and shall survive a fundamental breach or breaches, or the
failure of the essential purpose of contract.
LINKS TO THIRD PARTY SITES
This Site may link to sites not maintained or related to White Spot. These links are
provided as a convenience to users and are not sponsored by or affiliated with
this Site or White Spot. White Spot makes no representations, warranties or
conditions about these links or the sites linked to this Site. Further, White
Spot does not implicitly endorse third-party sites linked to this Site. If you
access third party websites you do so at your own risk and it is your
responsibility, not the responsibility of White Spot, to take any and all
appropriate protective measures before linking to these third party websites,
including without limitation to guard against viruses and other destructive
elements. White spot is not responsible for the contents of any page linked to
this Site or any other page not under its control.
SUBMISSIONS
You agree that any materials, including but not limited to questions, comments,
suggestions, documents, ideas, plans, notes, drawings, original or creative
materials or other information, provided by you in the form of e-mail or
submissions to White Spot through this Site, or postings on this Site, are
non-confidential (subject to White Spot’s Privacy Policy) and shall become the
exclusive property of White Spot. White Spot shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use of these materials for any purpose (subject to White Spot’s
Privacy Policy), commercial or otherwise, without acknowledgment or compensation
to you. The submission of any materials to White Spot, irrevocably waives any
and all “moral rights” in such materials, including the rights of integrity and
to be to be recognized as the author.
PRESS RELEASES
The information contained within press releases issued by White Spot should not be
deemed accurate or current except as of the date the release was posted. White
Spot has no intention of updating, and specifically disclaims any duty to
update, the information in the press releases. To the extent any information
therein is forward-looking, it is subject to material risk.
THIRD PARTY CONTENT
This Site may contain materials, data, or information provided, posted or offered by
third parties, including third party provided advertisements (collectively
“Third Party Content”). Access to the Third Party Content is provided as a
service to those interested in the information. White Spot does not create
Third Party Content. You agree that White Spot shall have no liability
whatsoever for any such Third Party Content. White Spot makes no
representations, warranties or conditions whatsoever regarding the accuracy or
completeness of the Third Party Content. Users access and use any Third Party
Content entirely at their own risk. If you provide Third Party Content, you
agree not to post or transmit any Third Party Content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or
tortious or materials which infringe or violate any third party's copyright,
trademark, trade secrets, privacy or other proprietary or intellectual property
right or that could constitute a criminal offence, give rise to civil liability
or otherwise violate any applicable law.
MISCELLANEOUS
These Terms of Use are governed by the laws of the Province of British Columbia and
the laws of Canada applicable therein, excluding any conflict of laws rules that
would apply another body of law. These Terms of Use constitute and contain the
entire agreement between you and White Spot with respect to its subject matter
and supersedes any prior oral or written agreements. If any provision of this
policy is held to be illegal or unenforceable, that provision will be limited or
eliminated to the minimum extent necessary so that this policy will otherwise
remain in full force and effect and enforceable.
|
|