Please
read carefully
Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS
CAREFULLY.
Snuffbox Inc. owns and operates this Web site, located
at http://www.snuffbox.ca (the
Web site). This Terms of Use Agreement (this Agreement)
states the terms and conditions under which you may access
and use the Web site. By accessing and using the Web site
you are indicating your acceptance to be bound by the terms
and conditions of this Agreement. If you do not accept
these terms and conditions, you must not access or use
the Web site.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES,
GUIDELINES OR PRACTICES OF SNUFFBOX INC.'S OPERATING WEB SITE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
Snuffbox Inc. may revise this Agreement at any time by
updating this posting. Use of the Web site after such changes
are posted will signify your agreement to these revised
terms. You should visit this page periodically to review
this Agreement.
Ownership.
All materials displayed or otherwise accessible through
the Web site, including, without limitation, news articles,
text, photographs, images, illustrations, audio clips,
video clips, computer software and code (collectively,
the Content) are protected under Canadian and foreign
copyright or other laws, and are owned by Snuffbox Inc.,
its licensors or the party accredited as the provider
of the Content. In addition, the Web site is protected
under copyright law as a collective work and/or compilation
pursuant to Canadian and foreign laws. You shall abide
by all additional copyright notices, information and
restrictions on or contained in any of the Content accessed
through the Web site. ANY USE, REPRODUCTION, ALTERATION,
MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING
OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION
OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT,
WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET
OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN
PERMISSION OF SNUFFBOX INC..
Limited Licence.
Notwithstanding the foregoing, and subject to the terms
and conditions of this Agreement, you are hereby granted
the right to access, view and use the Web site for your
personal, non-commercial use, and are granted the right
to download, store and print single copies of items comprising
the Content for your personal, non-commercial use, provided
that you maintain all copyright and other notices contained
in such Content.
Trademarks.
Snuffbox Inc., the Electric Tulip Logo and the Rose Logo
are official marks or trademarks of Snuffbox Inc.. Other
names, words, titles, phrases, logos, designs, graphics,
icons and trademarks displayed on the Web site may constitute
registered or unregistered trademarks of Snuffbox Inc.
or third parties. While certain trademarks of third parties
may be used by Snuffbox Inc. under license, the display
of third-party trademarks on the Web site should not
be taken to imply any relationship or license between
Snuffbox Inc. and the owner of said trademark or to imply
that Snuffbox Inc. endorses the wares, services or business
of the owner of said trademark. Nothing contained on
the Web site should be construed as granting you any
license or right to use any trademark logo or design
of Snuffbox Inc. or any third party, without the written
permission of Snuffbox Inc. or the respective owner of
any third-party trademark.
Disclaimer of Warranties.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING
AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT
USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR
OWN RISK. SNUFFBOX INC. MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT
LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE
WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE,
SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING,
WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE,
PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH
THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR
A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE
WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT
DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED;
(V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL
COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE
WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
Limitation of Liability.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL SNUFFBOX INC.,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS
OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY
LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST
BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS,
REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN
IF SNUFFBOX INC. KNEW OF OR OUGHT TO HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SNUFFBOX INC., ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT,
WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH),
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE
HUNDRED CANADIAN DOLLARS (C$100)EVEN IF SNUFFBOX INC. HAS
BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
IN NO EVENT SHALL SNUFFBOX INC., ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM
THE FAILURE OF Snuffbox Inc. OR YOUR FAILURE TO PROTECT
YOUR PASSWORD OR ACCOUNT INFORMATION.
Snuffbox Inc. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY
FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER
OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE
(COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES
SHALL SNUFFBOX INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE
(INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM
(I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER;
AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE,
CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE
AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR
CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A
WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT
YOUR OWN RISK.
YOU HEREBY RELEASE SNUFFBOX INC. AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT
ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR
USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH
THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
No Advice.
The information contained on the Web site is for informational
purposes only. It is not intended to provide legal, accounting,
tax, investment, financial, medical, lifestyle or other
advice to you, and you should not rely upon the information
to provide any such advice.
Linking.
The Web site contains links to third-party web sites. These
links are provided solely as a convenience to you and
not as an endorsement by Snuffbox Inc. of the contents
of such third-party web sites. Snuffbox Inc. is not responsible
for the content of any third-party web site, nor does
it make any representation or warranty of any kind regarding
any third-party web site including, without limitation
(i) any representation or warranty regarding the legality,
accuracy, reliability, completeness, timeliness, suitability
of any content on any third-party web site; (ii) any
representation or warranty regarding the merchantability
or fitness for a particular purpose of any material,
content, software, goods or services located at or made
available through such third-party web sites; or (iii)
any representation or warranty that the operation of
the third-party web sites will be uninterrupted or error
free, that defects or errors in such third-party websites
will be corrected or that such third-party websites will
be free from viruses or other harmful components.
While Snuffbox Inc. encourages links to the Web site,
it does not wish to be linked to or from any third-party
web site which (i) contains, posts or transmits any unlawful,
threatening, abusive, libellous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind,
including, without limitation, any content constituting
or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, provincial, national or international
law or regulation which may be damaging or detrimental
to the activities, operations, credibility or integrity
of Snuffbox Inc. or which contains, posts or transmits
any material or information of any kind which promotes
racism, bigotry, hatred or physical harm of any kind against
any group or individual, could be harmful to minors, harasses
or advocates harassment of another person, provides material
that exploits people under the age of 18 in a sexual or
violent manner, provides instructional information about
illegal activities, including, without limitation, the
making or buying of illegal weapons; or (ii) contains,
posts or transmits any information, 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 copyright, trademark or
other proprietary rights. Snuffbox Inc. reserves the right
to prohibit or refuse to accept any link to the Web site,
including, without limitation, any link which contains
or makes available any content or information of the foregoing
nature, at any time. You agree to remove any link you may
have to the Web site upon the request of Snuffbox Inc..
Software Licenses and Ownership.
All software embedded in or located on or at the Web site,
including, without limitation, all computer code of all
types, including all files and/or images contained in
or generated by such software (Software) is protected
by copyright and may be protected by other rights. All
such Software is owned by Snuffbox Inc., its licensors
or the party accredited with ownership of such Software.
You are hereby granted the right to access and use the
Software embedded and integrated into the Web site, subject
to (i) the terms and conditions of this Agreement, and
(ii) any additional conditions which may be imposed on
your access and use of such Software.
If the Web site provides Software for download, unless
otherwise provided, you are hereby granted, subject (i)
to the terms of this Agreement and (ii) to any other terms
and conditions that may apply to your downloading and use
of such Software, a personal, non-transferable, non-exclusive
license to (i) install and run one copy of the Software
in object-code format on a non-networked computer for your
personal, non-commercial use; and (ii) to reproduce the
Software only as reasonably required to install, run and
make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement,
you may not: (i) use, reproduce, modify, adapt, translate,
upload, download or transmit the Software in whole or in
part; (ii) sell, rent, lease, licence, transfer or otherwise
provide access to the Software; (iii) alter, remove or
cover any trademarks or proprietary notices included in
the Software; and/or (iv) decompile, disassemble, decrypt,
extract or reverse engineer the Software or assist others
in doing so.
Other than the limited license granted herein, nothing
contained in the Web site shall be construed as granting
you any right, title, interest or other license in or to
any Software embedded or integrated into the Web site or
made available for download from the Web site, including,
but not limited, to any intellectual property rights in
the Software.
All Software embedded or integrated into the Web site
is provided As Is, without warranties of any kind, either
expressed or implied, including, without limitation, any
warranty (i) that the Software is of merchantable quality
or is fit for any particular purpose; (ii) that the Software
will conform with any specification(s) relating to the
Software; (iii) that the Software will be free from material
defects; (iv) that the Software contains no computer viruses
or other contaminants; or (v) that the Software shall process
date-related and time-related data without causing any
processing interruptions, abnormal termination or process
or manipulate any time-related data.
Online Commerce.
The Web site may allow you to purchase many different types
of products and services online that are provided by
Snuffbox Inc. (the Wares and Services). When ordering
Wares and Services on the Web site, you must provide
complete and accurate personal information consisting
of your name, address, telephone number, e-mail address,
credit card information and shipping address, as well
as any other information requested.
Your receipt of an electronic form or other form of order
confirmation does not signify our acceptance of your order,
nor does it constitute confirmation of our offer to sell.
Your submission of an order to us shall be deemed to constitute
an offer to purchase, which shall remain open for a reasonable
time, unless we agree otherwise, and will be deemed to
be accepted by us only upon shipment of the Wares and Services.
Snuffbox Inc., in its sole discretion, reserves the right
at any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered
of any item. Snuffbox Inc., in its sole discretion, reserves
the right at any time after receipt of your order, to accept
or decline your order for any reason.
You acknowledge and agree that the price of the Wares
and Services is subject to change without notice and that
the Wares and Services are subject to availability. The
sale of the Wares and Services is void where prohibited
by law. Snuffbox Inc., in its sole discretion, shall have
the right, at any time after receipt of your order, to
decline your order for any reason. In the event that the
Wares and Services are listed at an incorrect price, due
to a typographical error or an error in pricing information,
Snuffbox Inc., in its sole discretion, shall have the right
at any time after receipt of your order, to decline your
order.
The Web site may allow you to purchase many different
types of products and services online that are provided
by third parties (the Third-Party Merchandise). Snuffbox
Inc. is not responsible for the legality, quality, accuracy,
timeliness, reliability or any other aspect of any Third-Party
Merchandise. If you make a purchase from a third-party
web hosted by the Web site or linked from the Web site,
the information obtained during your visit to any third-party
web site and the information that you give, such as your
credit card number and contact information, is collected
by the third-party web site and not by Snuffbox Inc..
You release Snuffbox Inc. and its officers, directors,
employees, agents and their respective successors and assigns
from any damages that you incur, and agree not to assert
any claims against them, arising from your purchase or
use of the Wares and Services or Third-Party Merchandise
made available on the Web site or by third-party web sites
through the Web site.
Notice and Procedure for Making Claims
of Copyright Infringement.
It is the policy of Snuffbox Inc. to respond to claims
of intellectual property infringement. Snuffbox Inc. will
promptly process and investigate notices of alleged infringement
and will take any actions, in its sole discretion, it deems
appropriate. Notifications of claimed copyright infringement
should be sent to - info@snuffbox.ca
To be effective, the notification of infringement must
be a written communication that includes the following:
- A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that
is allegedly infringed;
- Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at
a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the material that is claimed to be
infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit
the service provider to locate the material;
- Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an
address, telephone number and, if available, an electronic
mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith
belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent
or the law and;
- A statement that the information in the notification
is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Indemnity.
You agree to indemnify, defend and hold harmless Snuffbox
Inc. and its officers, directors, employees, agents,
licensors and their respective successors and assigns,
from and against any and all claims, demands, liabilities,
costs or expenses whatsoever, including, without limitation,
legal fees and disbursements resulting directly or indirectly
from: (i) your breach of any of the terms and conditions
of this Agreement; (ii) your access, use or inability
to access or use the Web site or any Web site to which
the Web site is or may be linked to from time to time;
(iii) your use of, reliance on, publication, communication
or distribution, uploading or downloading of anything
on or from the Web site; and/or (iv) your violation of
any law or regulation.
Registration.
To use certain features of the Web site, you may be asked
to register with the Web site. You agree (i) to provide
true, accurate, current and complete information about
yourself as prompted by any registration form; and (ii)
to maintain and promptly update the information you provide
to keep it true, accurate, current and complete. If Snuffbox
Inc. has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Snuffbox
Inc. has the right to suspend or terminate your access
to and use of the Web site (or any portion thereof).
Snuffbox Inc.'s use of any personally identifying information
you provide as part of the registration process is governed
by the terms of Snuffbox Inc.'s Privacy
Policy.
Passwords.
To use certain features of the Web site, you may also need
a username and password, which you will receive through
the Website registration process. 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
Snuffbox Inc. 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. Snuffbox Inc. cannot and will not
be liable for any loss or damage arising from Snuffbox
Inc.'S failure or your failure to protect your password
or account information.
Security.
Please note that information sent or received over the
Internet is generally unsecure and Snuffbox Inc. cannot
and does not make any representation or warranty concerning
security of any communication to or from the Web site
or any representation or warranty regarding the interception
by third parties of personal or other information.
Termination.
Snuffbox Inc. may at any time, without notice, in its sole
discretion and without cause, terminate your right to
access or use the Web site, (or any portion thereof).
Snuffbox Inc. may also terminate your right to access
and use the Web site, or any part of the Web site, if
you breach any term or condition of this Agreement.
Governing Law and Jurisdiction.
The Web site (excluding linked Web sites) is controlled
by Snuffbox Inc. from its offices within the Province
of Ontario, Canada. By accessing or using the Web site,
you agree that all matters relating to your access to,
or use of, the Web site and/or the Content shall be governed
by the laws of the Province of Ontario and the laws of
Canada, without regard to the conflict of laws principles
thereof. You agree and hereby submit to the non-exclusive
jurisdiction of the Federal Court of Canada and/or the
courts of the Province of Ontario with respect to such
matters. You agree that the provisions of the United
Nations Convention on Contracts for the International
Sale of Goods shall not apply.
General.
Any consent by Snuffbox Inc. to, or waiver of, a breach
of this Agreement which you have committed, whether express
or implied, shall not constitute a consent to, or waiver
of, any other, different or subsequent breach. You may
not assign or transfer this Agreement or any right or
obligation hereunder. If any term or provision of this
Agreement is held by a court of competent jurisdiction
to be invalid, it shall be severed and the remaining
provisions shall remain in full force without being invalidated
in any way. This Agreement is not intended to create
a partnership, joint venture, or agency relationship
between the parties. Except for any agreements with Snuffbox
Inc. that expressly reference this Agreement, this is
the entire agreement between you and Snuffbox Inc. relating
to the matters contained herein.
