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YIKESKIDS.COM CONDITIONS OF USE
General Condition of Use
PLEASE READ CAREFULLY, BY USING THIS SITE YOU ACKNOWLEDGE AND
ACCEPT THE FOLLOWING CONDITIONS OF USE. If you do not agree to
be bound by the following, please do not visit the yikeskids.com
Site.
The yikeskids.com Web Site is owned and operated by Yikes Press
Inc. from its offices located at:
P.O. Box 703
Cote St. Luc Station
Montreal, Quebec
H4V 2Z3
Yikes Press Inc. reserves the right to modify, alter or update
these Conditions of Use at any time and you agree to be bound
by such modifications, alterations or updates as these appear.
Online Conduct
This Site is intended to be used only for lawful purposes. User
is prohibited from posting on or transmitting through yikeskids.com
any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, indecent, scandalous, profane,
bigoted or hateful, libelous, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited
to any material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international
law. In addition, you may not engage in any activity on the Site
that restricts or inhibits any other User from using or enjoying
the Site by means of “hacking,” “cracking,”
“spoofing,” or defacing any portion of the Site.
If yikeskids.com is notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content provided by User, yikeskids.com
may investigate the allegation and determine, at its sole discretion,
whether to remove or request the removal of such Content from
yikeskids.com. yikeskids.com may disclose any Content or electronic
communication of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure is necessary or
appropriate to operate yikeskids.com; or (iii) to protect the
rights or property of yikeskids.com, its Users or Providers.
yikeskids.com reserves the right to prohibit conduct, communication,
or Content that it deems, in its sole discretion, to be harmful
to individual Users, yikeskids.com, the communities that make
up yikeskids.com, any rights of yikeskids.com or any third party,
or to violate any applicable law. Notwithstanding the foregoing,
neither yikeskids.com nor its Providers can ensure prompt removal
of questionable Content after online posting. Accordingly, neither
yikeskids.com, nor its affiliates, nor any of their officers,
directors, employees, or agents, nor Providers shall assume liability
for any action or inaction with respect to conduct, communication,
or Content on yikeskids.com.
yikeskids.com may terminate User's access, or suspend any User's
access to all or part of yikeskids.com, without notice, for any
conduct that yikeskids.com, in its sole discretion, believes is
in violation of any applicable law or is harmful to the interests
of another User, a third-party Provider, a service provider, or
yikeskids.com.
Prohibited Material
You may not post or transmit through the Site: advertising or
commercial solicitations; promotional materials relating to Web
Site or online services which are competitive with us and/or the
Site; software or other materials that contain so-called viruses,
worms, time bombs, Trojan horses, or other harmful or disruptive
component; political campaign materials; chain letters; mass mailings;
spam mail; material protected by copyright, trademark or any other
proprietary right; any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index,
“data mine,” or in any way reproduce or circumvent the
navigational structure or presentation of the Site or their contents;
or posts that express or imply that any statements you make are
endorsed by us, without our prior written consent. Additionally,
you may not harvest or collect information about Site visitors
or Members without their express consent.
Contest and Giveaway
From time to time, we may offer and/or co-sponsor contests, sweepstakes,
and games on the Site. Each of these activities shall be governed
by specific rules accessible from the pages of the Site offering
the promotion, event or promotion.
Intellectual Property
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks")
which you see on this Site are registered and unregistered trademarks
of Yikes Press Inc., or its affiliates, and others. All other
Trademarks, product names, and company names and logos appearing
on yikeskids.com are the property of their respective owners.
Nothing in this Site grants to you any license or right to use
any Trademark displayed on this Site without the written permission
of the owner of the Trademark. Your use or misuse of the Trademarks
displayed on this Site, or any other content on this Site, is
strictly prohibited.
Copyrights
User acknowledges that yikeskids.com contains information, data,
software, photographs, graphs, videos, typefaces, graphics, music,
sounds, and other material (collectively "Content")
that are protected by copyrights, trademarks, trade secrets, or
other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and yikeskids.com owns a copyright
in the selection, coordination, arrangement, and enhancement of
such Content. User may not modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer or sale of,
create derivative works from, or in any way exploit any of the
Content, in whole or in part. If no specific restrictions are
displayed, Users may make copies of select portions of the Content,
provided that the copies are made only for User's personal use
and that User maintains any notices contained in the Content,
such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or
as permitted by the fair use privilege under the U.S. copyright
laws (e.g., 17 U.S.C. Section 107), User may not upload, post,
reproduce, or distribute in any way Content protected by copyright,
or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right.
Your Information
We collect the personal data that you volunteer on registration
for order, survey, contest, or other forms, or by email. We will
use personally identifiable information provided by visitors to
fulfill the purpose for which such information was provided, as
described in our Privacy Policy, and as disclosed at the time
the visitor information is requested. Please visit our Privacy
Policy for more information.
Third Party Sites
This Site may contain links to other Web sites. If you link to
another Web site, you will leave this Site and these Conditions
of Use will not apply to your use of, and activities on, those
other Web Sites. We encourage you to read the legal notices posted
on those other Web Sites, including their privacy policies. We
shall have no responsibility or liability for your visitation
to, and the data collection and use practices of, those Web Sites.
You acknowledge and agree that we have no responsibility for the
accuracy or availability of information provided by Web Sites
to which you may link from this Site (“Linked Sites”).
Links to Linked Sites do not constitute an endorsement by or association
with us of such Sites or the content, products, advertising or
other materials presented on such Sites. We do not author, edit,
or monitor these Linked Sites. You acknowledge and agree that
we are not responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on such Linked Sites.
Monitoring
yikeskids.com. or its representatives have the right, but not
the obligation, to monitor the content of the Site to determine
compliance with these Conditions of Use. We retain our right and
with our sole discretion, edit, refuse to post or remove any material
that we find to be in violation of these conditions or that is
otherwise objectionable or offensive. This same discretion applies
to our right of disclosure of any material submitted to this Site
and circumstances surrounding their submission to any third party
in order to operate this Site properly and to protect ourselves,
our sponsors, and our visitors and to comply with our legal obligations
and government requests.
Indemnification
You agree to defend, indemnify, and hold harmless yikeskids.com,
its affiliates, third party service providers, and their respective
directors, officers, employees, owners, licensors, licensees,
and agents from and against all claims, damages, losses, costs
and expenses, including reasonable attorneys' fees, arising out
of a breach of these Conditions of Use by you and/or your activities
in connection with the Site or any services related to the Site.
We may participate in the defense of any claim. You shall not
settle any claim that affects us without our prior written approval.
Disclaimer of Warranty
THIS SITE IS PROVIDED BY YIKESKIDS.COM ON AN "AS IS"AND
"AS AVAILABLE" BASIS. YIKESKIDS.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS,
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, YIKESKIDS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. YIKESKIDS.COM WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL
PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY YIKESKIDS.COM NOR ITS AFFILIATES, NOR ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR
THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY
SUCH INFORMATION OR ADVICE.
Limitation of Liability
User expressly agrees that use of yikeskids.com is at User's sole
risk. Neither yikeskids.com, nor its affiliates, nor any of their
officers, directors, or employees, agents, third-party content
providers, merchants, sponsors, licensors (collectively, "Providers"),
or the like, warrant that yikeskids.com will be uninterrupted
or error-free; nor do they make any warranty as to the results
that may be obtained from the use of yikeskids.com, or as to the
accuracy, reliability, or currency of any information content,
service, or merchandise provided through yikeskids.com.
Severability
The provisions of these Conditions of Use are intended to be severable.
If for any reason any provision of these Conditions of Use shall
be held invalid or unenforceable in whole or in part in any jurisdiction,
such provision shall, as to such jurisdiction, be ineffective
to the extent of such invalidity or unenforceability without in
any manner affecting the validity or enforceability thereof in
any other jurisdiction or the remaining provisions hereof in any
jurisdiction. ACKNOWLEDGMENT The Conditions of Use, including
all documents referenced herein, represents the entire understanding
between you and chefrandll.com regarding your relationship with
yikeskids.com and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THE CONDITIONS OF USE by using the yikeskids.com
Web Site. The aforementioned Conditions of Use are subject to
change.
Applicable Law
This agreement is governed by and shall be construed in accordance
with the laws of the Province of Quebec, the principal place of
business of Chef Randall’s Merchandising Inc. without giving
effect to any principles of conflicts of law. You agree to bring
any claims against Chef Randall’s Merchandising Inc., exclusively
in the courts of Quebec
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