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Terms and Conditions
CONDITIONS OF USE FOR Janes Family Foods Ltd. (“Janes Family
Foods”) Internet Community Sites
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE
USING JANES FAMILY FOODS INTERNET SITES. ANY FAILURE ON YOUR
PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE
CANCELLATION OF YOUR ACCOUNT AND THE RELATED PRIVILEGES.
Acceptance of Conditions of Use
Premises
Changes in Internet Sites
Personal Use
Fees and Payments
Chat Rooms and Bulletin Boards
Links
Intellectual Property
Representations and Warrantees
Limitation of Liability
Security
How to Contact Us About this Policy
1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By using one of JANES FAMILY FOODS’ Internet sites, you
acknowledge having read and understood these conditions of use
and, accordingly, you agree to abide by them as well as any
future modifications which may be made. These conditions of use
represent an agreement between you and JANES FAMILY FOODS.
1.2. These conditions of use may be subject to change, addition
or deletion at any time. Any such change will be posted on this
page. Also, if we make major changes in our current conditions
of use, they will be posted at least thirty (30) days prior to
their coming into force and users who have forwarded their
e-mail addresses to us will be notified directly thereof by
electronic mail. Please refer to these conditions of use
regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these conditions of
use, you should not use JANES FAMILY FOODS’ Internet sites. In
addition, should you consider any future amendments made to
these conditions of use to be unacceptable, you can cancel your
account with us at any time.
1.4 JANES FAMILY FOODS respects your privacy and has implemented
a comprehensive privacy policy available for your reference at
the bottom of each of the JANES FAMILY FOODS Internet sites (the
“Privacy Statement”). Before submitting any information, please
review our Privacy Statement to see how it applies to you.
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2. PREMISES
2.1. JANES FAMILY FOODS operates its Internet sites from its
offices in Canada. JANES FAMILY FOODS does not make any
representation to the effect that all items on its Internet
sites may be used in other locations. People who access JANES
FAMILY FOODS’ Internet sites do so at their own initiative and
are responsible for complying with all laws applicable to them.
2.2. By using JANES FAMILY FOODS’ Internet sites, you
acknowledge and agree that these conditions of use are governed
by laws applicable in the Province of Ontario and that any
litigation ensuing from, or related to, the use of JANES FAMILY
FOODS’ Internet sites and services will be subject to the
jurisdiction of the Courts of the Province of Ontario.
2.3. The Site is hosted in Canada and is intended for users
located in Canada. If you are a non-Canadian user of a JANES
FAMILY FOODS Internet site, by visiting our website, using its
services and/or providing us with any content, you agree to
comply with all federal and provincial Canadian laws governing
the Internet site, its services, online conduct and acceptable
content. You further agree to comply with all applicable laws
regarding the transmission of data exported from Canada or the
country in which you reside.
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3. CHANGES IN INTERNET SITES
3.1. JANES FAMILY FOODS may modify, cancel or terminate any item
contained in its Internet sites, at any time, including the
availability of any function, database or content. JANES FAMILY
FOODS may also impose limits on certain items or restrict the
access to certain sections of its Internet sites without prior
notice and without incurring liability.
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4. PERSONAL USE
4.1. All the items contained in JANES FAMILY FOODS’ Internet
sites are offered for your personal use for non-commercial
purposes. It is prohibited to use the items contained in JANES
FAMILY FOODS’ Internet sites for commercial or advertising
purposes without the written consent of JANES FAMILY FOODS.
It is prohibited to use robots, spiders, or any automatic
device, or use any manual process to copy or scrape the content
of JANES FAMILY FOODS’ Internet sites for any purpose without
the express written permission of JANES FAMILY FOODS.
Notwithstanding the foregoing, JANES FAMILY FOODS permits public
search engine operators to use spiders or to copy materials from
JANES FAMILY FOODS’ Internet sites for the sole purpose of, and
solely to the extent necessary, creating publicly available
searchable indices of the content of JANES FAMILY FOODS’
Internet sites, but not caches or archives of such content.
It is prohibited to use, frame or utilize framing techniques to
enclose any JANES FAMILY FOODS’ trademark, logo, or other
proprietary information, including the images found at this
Internet site, the content of any text, or the layout/design of
any page or form contained on any page of the Internet site,
without JANES FAMILY FOODS’ express written consent. Except as
described in these Conditions of Use, you are not conveyed any
right or license, by implication, estoppel or otherwise, in or
under any patent, trademark, copyright, or proprietary right of
JANES FAMILY FOODS or any third party.
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5. FEES AND PAYMENTS
5.1. JANES FAMILY FOODS reserves the right to charge fees for
future access to its Internet sites, or any section thereof. If
JANES FAMILY FOODS should charge new fees for access to any
section of its Internet sites, it will notify you in advance in
case you would like to close your account.
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6. CHAT ROOMS AND BULLETIN BOARDS
6.1. Since any communications which are part of chat rooms and
bulletin boards are public and not private, you should abide by
the rules set forth below:
6.1.1. Use polite language. Objectionable or offensive language
will not be tolerated at any time. In addition, no one may keep
or submit defamatory, obscene, tortious, pornographic, abusive
or otherwise illegal content.
6.1.2. Be courteous. No one may make threats or incite anyone
else to violence or hatred. It is also prohibited to
deliberately disturb any discussion with repetitive messages,
unfounded messages or spamming.
6.1.3. Discuss but do not attack. In an open discussion where
there are many different opinions, people often disagree. JANES
FAMILY FOODS encourages lively discussions and debates in its
chat rooms. Moreover, personal attacks are a breach of these
conditions of use.
6.1.4. No one should use chat rooms or bulletin boards to
promote or offer for sale any good or service for a commercial
purpose, or conduct or send any study, contest, pyramid scheme
or chain letters, spamming, or to engage in any hacking,
solicitation or any other act for illegal purposes. Any acts
which may infringe other peoples' rights or their enjoyment of
the chat rooms or bulletin boards are also prohibited.
6.2. You declare that you have all the necessary rights, in
particular, intellectual property rights, to any material that
you submit as a user to JANES FAMILY FOODS.
6.3. You acknowledge and agree that, while you remain the holder
of the copyright of all material you submit as a user to JANES
FAMILY FOODS (e.g. letter to the editor, comments, etc.), by
submitting your material to JANES FAMILY FOODS, you grant it a
non-exclusive license, without any compensation whatsoever to
you, to use, edit, modify, delete, reproduce, publish,
distribute and give sub-licenses to such materials. To this
effect, you waive any moral right you may assert related to your
work.
6.4. You acknowledge and agree that you are personally liable
for the content of your messages on chat rooms or bulletin
boards on JANES FAMILY FOODS’ Internet sites, and for the
consequences thereof.
6.5. JANES FAMILY FOODS reserves the right, at its sole
discretion, not to publish or to withdraw any materials
transmitted by a user on any of its Internet sites. In addition,
this remains an option and not an obligation.
6.6. JANES FAMILY FOODS does not make any declaration concerning
the control over the material available on its Internet sites.
JANES FAMILY FOODS is not and may not be held liable for the
accuracy, legality or the compliance with the intellectual
property rules or with the conditions of use of any materials
provided by its users.
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7. LINKS
7.1. JANES FAMILY FOODS’ sites contain hyperlinks to Internet
sites managed by third parties. By activating these links, you
may have to leave JANES FAMILY FOODS’ sites. JANES FAMILY FOODS
has no control over Internet sites owned by third parties. These
sites are managed entirely by third parties and JANES FAMILY
FOODS cannot make any declaration whatsoever concerning the
quality or overall content thereof nor regarding the quality of
the products offered or the security of performing transactions
on the sites in question. The fact that third party sites are
identified on JANES FAMILY FOODS’ Internet sites should not in
any way be interpreted as an endorsement by JANES FAMILY FOODS
and does not incur its liability in any way. JANES FAMILY FOODS
cannot be held liable for possible damages arising from the use
of these sites. All complaints about third party sites should be
addressed to the administrators of those sites.
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8. INTELLECTUAL PROPERTY
8.1. The trademarks and logos used or posted on JANES FAMILY
FOODS’ Internet sites are trademarks and logos of JANES FAMILY
FOODS or third parties. Nothing on JANES FAMILY FOODS’ Internet
sites may be interpreted in such a way as to allow, directly or
indirectly, the use of such trademarks or logos without the
prior written permission of their owner. Without limiting the
generality of the foregoing, it is prohibited to reproduce the
trademarks and logos displayed on JANES FAMILY FOODS’ Internet
sites for commercial or advertising purposes or to increase the
number of visitors to your site.
8.2. All the items on JANES FAMILY FOODS’ Internet sites
(including, without limitation, the texts, articles,
photographs, images, illustrations, audio and video excerpts,
software, etc.) are protected by copyright and belong to JANES
FAMILY FOODS or third parties acting as content providers.
Except for certain clearly stated exceptions, no items on JANES
FAMILY FOODS’ Internet sites may be interpreted as giving you
any right whatsoever with regard to the intellectual property of
JANES FAMILY FOODS or of a third party acting as a content
provider.
8.3. You can download or copy only for your personal use for
non-commercial purposes items from JANES FAMILY FOODS’ Internet
sites provided you maintain all the intellectual property
notices they contain. Copying or memorizing any item for
purposes other than personal use is strictly forbidden without
the prior written permission of JANES FAMILY FOODS or the holder
of the copyrights identified in the notice of intellectual
property.
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9. REPRESENTATIONS AND WARRANTEES
9.1. You hereby indemnify, defend and hold JANES FAMILY FOODS,
its directors, officers, senior executives, shareholders,
employees, affiliated businesses, representatives and content
providers (collectively referred to as "JANES FAMILY FOODS")
harmless from and against any and all monetary condemnation in
principal, interest, legal and extrajudicial costs and any other
damages, including but without limitation, all reasonable legal
costs incurred by JANES FAMILY FOODS related to any claim,
proceeding, action or stay ("Claim") ensuing from the
non-compliance, by you or any other user of your account, with
these Conditions of Use. JANES FAMILY FOODS reserves the right
to participate in the defense of any such Claim and to be
represented by an attorney of its choice.
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10. LIMITATION OF LIABILITY
10.1. JANES FAMILY FOODS’ Internet sites and the items they
contain are offered to you on an "as is" basis and at no charge
by JANES FAMILY FOODS, without warranties of any kind, either
express or implied, including, without limitation, warranties of
title or implied warranties of merchantability or fitness for a
particular purpose, use, availability, validity, accuracy,
reliability of the items reproduced on said sites or as to the
results ensuing from the use of such items. Without limiting the
generality of the foregoing, JANES FAMILY FOODS makes no
representations about the comprehensive nature of the results of
your searches conducted on its Internet sites. You hereby
acknowledge and agree that your use of JANES FAMILY FOODS’
Internet sites is at your own risk.
10.2. JANES FAMILY FOODS makes no representation related to the
accuracy or reliability of, nor does it endorse, any opinion,
declaration or other information published or distributed on its
Internet sites by any user, content provider or other person.
10.3. JANES FAMILY FOODS disclaims all liability related to any
error which may be found on its Internet sites. Thus, JANES
FAMILY FOODS and any third party providing content on JANES
FAMILY FOODS’ Internet sites, their related companies, officers,
employees, representatives or agents cannot in any way be held
liable for any damage related directly or indirectly to the use
of JANES FAMILY FOODS’ Internet sites, in particular, the loss
of data or profits ensuing from the use of items on said sites,
errors or omissions contained in the items or the inability to
use such items.
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11. SECURITY
11.1. You are prohibited from violating or attempting to violate
the security of JANES FAMILY FOODS’ Internet sites, including,
without limitation, accessing data not intended for your use or
logging into a server or account which you are not authorized to
access, or forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or
criminal liability. JANES FAMILY FOODS will investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
11.2. JANES FAMILY FOODS reserves the right to terminate your
license to access any JANES FAMILY FOODS Internet site for any
reason, for an indefinite period of time and without prior
notice to you. Therefore, JANES FAMILY FOODS makes no
representation or warranty that your access to this Site will
remain continuous and uninterrupted.
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12. HOW TO CONTACT US ABOUT THIS POLICY
12.1. Should you have a claim related to a copyright
infringement of any of the materials contained in JANES FAMILY
FOODS’ Internet sites, or for any other correspondence, you can
reach us at: http://www.janesfamilyfoods.com/en/contact_us.html
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