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.
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.