Terms of Service:
The following terms and conditions govern all use of the https://whatwereyouthinking.ca/ website and all content, services and products available at or through the website (the “Website”). The Website is owned and operated by Djanka Gajdel (“DG”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Website’s ) (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. The Website is not intended for minors.
- Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, images, graphics, an audio or video file, or in any other form of media. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* you have fully complied with any third-party licenses relating to the Content;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not libelous, defamatory or hateful, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
* your Content is not named in a manner that misleads readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
Without limiting any of those representations or warranties, DG has the right (though not the obligation) to, in DG’s sole discretion (i) refuse or remove any Content that, in DG’s opinion, violates any Website policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DG’s sole discretion.
- Responsibility of Website Visitors. DG has not reviewed, and cannot review, all of the Content posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, DG does not represent or imply that she endorses the material there posted, or that she believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DG disclaims any responsibility for any harm resulting from your use of the Website.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Website links, and that link to the Website. DG does not have any control over linked websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, DG does not represent or imply that she endorses such website or webpage. DG disclaims any responsibility for any harm resulting from your use of any linked websites and webpages.
- No Professional Advice. The Content available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstances. You should not construe any Content as legal, accounting or other professional advice.
- Copyright Infringement and DMCA Policy. As DG asks others to respect her intellectual property rights, she respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify DG in accordance with . DG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of DG or others, DG may, in her sole discretion, terminate or deny access to and use of the Website.
- Corrections, Suggestions, and Complaints. We welcome comments and suggestions, as well as complaints about errors, on the Website. Readers may reach us via email at [INSERT EMAIL ADDRESS].
- Intellectual Property. This Agreement does not transfer from DG to you any intellectual property owned by DG or any third party, and all right, title and interest in and to such property will remain (as between the parties) solely with DG. Your use of the Website grants you no right or license to reproduce or otherwise use any Content on the Website. You hereby grant DG an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on the Website; and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Website, or the promotion thereof.
- Changes. DG reserves the right, at her sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DG may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. DG may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. DG and her suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DG, nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will DG, or her suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. DG shall have no liability for any failure or delay due to matters beyond her reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless DG, her contractors, and her licensors, and her agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between DG and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by DG, or by the posting by DG of a revised version of this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada and the applicable federal laws of Canada, excluding conflict of law provisions, and the exclusive venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Toronto, Ontario, Canada. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DG may assign her rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.