Menchie's Internet Site Terms and Conditions
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY
By using the pages in
menchies.ca (the Site) owned and operated by Yogurtworld
Enterprises Inc., you agree to these terms and conditions. If you do not agree
with these terms and conditions, you should not access or use the Site.
RESTRICTIONS ON USE
Menchie’s Group, Inc.
and/or Yogurtworld Enterprises Inc. own the copyright
for all of the material on the Site and Menchie’s Group Inc. own all
trade-marks, service marks and trade names used on the Site. Material from the
Site and any other website owned, operated, licensed, or controlled by
Menchie’s Group Inc., Yogurtworld Enterprises Inc.,
or any of its or their related, affiliated, or subsidiary companies (together,
“Menchie’s Group Inc., Yogurtworld Enterprises Inc.,
or any of its or related, affiliated, or subsidiary companies (together
“Menchie’s) may not be copied or distributed, or republished, uploaded, posted,
or transmitted in any way, without the prior written consent of Menchie’s,
except that you may download one copy of the material on one computer for your
personal, non-commercial home use only provided you do not delete or change any
copyright, trade-mark, or other proprietary notices. Modification or use of the
materials for any other purpose violates Menchie’s copyright and other
intellectual property rights. The material on the Site is provided for lawful
purposes only. If you download software from the Site, the software, including
all files, images, contained in or generated by the software, and accompanying
data (together, the “Software”) are deemed to be licensed to you by Menchie’s.
Neither title nor intellectual property rights are transferred to you, but
remain with Menchie’s, who owns full and complete title. You may not resell,
decompile, reverse engineer, disassemble, or otherwise convert the Software to
a human perceivable form.
RESTRICTION OF
LIABILITY
Menchie's will not be
liable for any damages or injury caused by, including but not limited to, any
failure of performance, error, omission, interruption, defect, delay in
operation of transmission, computer virus, or line failure. Menchie's will not
be liable for any damages or injury, including but not limited to, any direct,
general, compensatory, special, incidental, consequential, exemplary, punitive
or other damages that result from the use of, or the inability to use, the
Site. Menchie’s shall not be liable even if there is negligence on the part of
Menchie’s or an authorized representative or if Menchie’s or an authorized
representative had knowledge of the possibility of such damages, or both. The
above limitation or exclusion may not apply to you to the extent that
applicable law may not allow the limitation or exclusion of liability for
incidental or consequential damages. Menchie’s total liability to you for all
losses, damages, and causes of action (in contract, tort (including without
limitation, negligence), or otherwise) will not be greater than the amount you
paid to access the Site.
SUBMISSIONS
All remarks,
suggestions, ideas, graphics, or other information communicated to Menchie's
through the Site (together, the "Submission") will forever be the
property of Menchie's. With the exception of personal information, Menchie's
will not be required to treat any Submission as confidential. By submitting the
Submission, you are granting Menchie’s an irrevocable, royalty-free, perpetual,
worldwide, and fully sublicenseable license to
reproduce, publish, modify, adapt, translate, perform, distribute (including,
without limitation, making available on-line, electronically transmitting or
otherwise communication to the public), create derivative works from and
otherwise use and exploit in whole or in part the Submission for any purpose in
any media, whether now known or hereafter invented, for any purpose (including
for commercial or promotional purposes) without notice or compensation to you
or any other person sending the Submission and you hereby waive all moral and
author’s rights in such Submission. Menchie’s will not be liable to you and
will not incur any liability to others for any ideas or materials for its
business (including without limitation, product or advertising ideas or
materials) that appear similar to the Submission now or in the future.
You represent, warrant
and agree that no Submission made by you to the Site will violate any right of
any third party, including copyright, trade-mark, privacy, confidentiality or
other personal or proprietary rights. You further represent, warrant and agree
that no Submission made by you to the Site will be or contain material that is
false, misleading, libelous, unlawful, abusive, indecent, or obscene, or contain
any personal information (such as telephone numbers, street addresses, or last
names, photos) of any person without their express consent.