This page (together with the documents referred to on it) provides the terms pursuant to which you may make use of negliadesign.com (the “Site”).
INFORMATION ABOUT US
The Site is operated by Neglia Design Inc. (“Neglia Design”) whose principal place of business is located at King Street East, Toronto, Ontario, M5A 1K6.
ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and Neglia Design reserves the right to withdraw or amend the information and services it provides on the Site without notice (see below). Neglia Design will not be liable if, for any reason, the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
Neglia Design is the owner or the licensee of any and all trade marks, logos, service marks or other intellectual property (collectively, the “IP”) contained in, or displayed on, the Site and the material published on them. The IP is protected by copyright and other laws and treaties around the world and you are prohibited from using the IP for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without our written permission or such third party which may own the IP. Subject to the terms and conditions herein, you are encouraged to print off copies, and download extracts, of any page(s) from the Site for your personal reference and to draw the attention of others to material posted on the Site. You are, however, prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any of the IP for any purpose, whether in paper or digital format, except as otherwise explicitly permitted hereunder, provided that you are prohibited from using any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. In all cases, Neglia Design’s status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
RELIANCE ON INFORMATION POSTED
All commentary and other materials posted on the Site are provided by us are provided “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and/or fitness for a particular purpose, title, non-infringement or accuracy. With respect to commentary, materials or any opinions, advice, or statements which are not prepared exclusively by us, we do not endorse and are not responsible for the accuracy or reliability of any such information contained on the Site, or the capabilities or reliability of any product or service referred to, discussed or provided by us. Any commentary, materials, opinions, advice, or statements prepared exclusively by us and contained on the Site are only our opinions and your reliance thereupon is at your own risk. Notwithstanding anything else contained herein, under no circumstances will we, our affiliates, agents, shareholders and/or directors (the “Neglia Design Group”) be liable for any loss or damage caused by a reliance on information obtained through the Site or a linked site, or reliance on any commentary, opinions, advice, statements, products or services obtained from us.
THE SITE CHANGES REGULARLY
Neglia Design aims to update the Site regularly, and may change the content at any time. If the need arises, Neglia Design may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and Neglia Design is under no obligation to update such material.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, DIRECT OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS. TO THE EXTENT PERMITTED BY LAW, THE NEGLIA DESIGN GROUP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
LINKING TO THE SITE
You may link to any page on the Site, provided you do so in a way that is fair and legal and does not damage Neglia Design’s reputation or take advantage of it. For greater certainty and without limiting the generality of the foregoing, you may not link to the Site if your website contains unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind. You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on Neglia Design’s part where none exists. You must not establish a link from any website that is not owned by you.
Neglia Design reserves the right to withdraw linking permission without notice. If you wish to make any use of material on the Site other than that set out above, please address your request to Marian Neglia, Neglia@NegliaDesign.com.
LINKS FROM THE SITE
Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Neglia Design has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them and Neglia Design makes no representations or warranties or endorsements in respect of the information, products or services presented in any third party resources or websites.
We may provide you with a username and/or password to use certain parts of the Site. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities that occur under your password or account. You agree to notify Neglia Design immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Under no circumstances will the Neglia Design Group be liable for any loss or damage arising from Neglia Design’s failure or your failure to protect your password or account information.
The Site may allow you to post messages and content and to upload files, documents or other materials (collectively, “Submissions”). When engaging in the posting, uploading or making Submissions, you shall not: (i) restrict or inhibit any other user from using and enjoying the Site, interfere or attempt to interfere with the proper workings of the Site or do anything which in the sole discretion of Neglia Design imposes an unreasonable or disproportionately large load on the Neglia Design website infrastructure; (ii) post or transmit any information that Neglia Design in its sole discretion considers unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (v) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vi) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (vii) use the Site for commercial purposes.
By posting or uploading Submissions to the Site, you grant Neglia Design a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of Neglia Design; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Neglia Design is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Site will be considered non-confidential.
Neglia Design is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Neglia Design.
While Neglia Design is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Site and terminating the submitting party’s right to access and use the Site (or any portion thereof).
JURISDICTION AND APPLICABLE LAW
The Site is operated and controlled by Neglia Design from our offices located within the Province of Ontario, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Website Use notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You agree that if you access the Site outside of the Province of Ontario, you are responsible for compliance with local laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms of Website (including, but not limited to, a breach thereof), your use of the Site, and/or any other proceeding involving us, either directly or indirectly.