|
|
|
By accessing the
site you agree to be bound by our terms and conditions, which are
designed to protect our material and your rights.
Terms and Conditions
Please read this
carefully. By accessing this website, simba online, at
www.geocities.com/les_simba (the "site") you are agreeing to the
terms that appear below.
Introduction
This
site is owned and operated by KadiWeb Inc. The site may also
include materials owned by third parties and posted on the site by
virtue of a licence, grant or some other form of agreement between
the third party and us. As a user, you will be able to access
material on most areas of the site without going through the
registration process. Certain areas of the site are only open to you
if you register (forums).
Simba Online is a trademark of
KadiWeb Inc .This trademark together with any other owned by kadiWeb
may not be reproduced, translated, adapted, used or distributed
without prior permission.
Simba Online
content
All material on the site including, without
limitation, any text, graphics, logos, photographs, audio or video
materials or stills from audiovisual material available on the site
(the "Content") belongs to Simba Online or its licensors. You may
retrieve and display Content from the site on a computer screen,
print individual pages on paper and store such pages in
electronic form on disk for your personal, non-commercial use.
Except as expressly set out above, you may not reproduce,
modify or in any way commercially exploit any of the Content. In
particular, but without limiting the general application of the
restrictions contained in the preceding sentence, you may not do any
of the following without prior written permission from Simba Online:
- Redistribute any of the Content (includiing by using it as
part of any library, archive or similar service);
- Remove the
copyright or trade mark noticce from any copies of Content made
under these Terms;
- Create a database in electronic or
strucctured manual form by systematically downloading and storing
all or any of the Content.
- Creating works or materials that
derive from or are based on the materials contained in the site
including, without limitation, fonts, icons, link buttons,
wallpaper, desktop themes and unlicensed merchandise. This
prohibition applies regardless of whether the derivative materials
are sold, bartered or given away.
Requests to republish or
redistribute Content should be made by contacting KadiWeb in writing
at: Licensing Manager
KadiWeb
94 Quebec street #
2
Kingston, Ontario
Canada
K2K 5Z9
or by email to
KadiWeb@hotmail.com
Disclaimer of Warranties and
Liability
While KadiWeb does its best to ensure the
optimal performance of the site, you agree that you use the site and
rely on material contained in this site at your own risk.
NO WARRANTIES
KadiWeb does not give
any warranties in respect of the site, content, software or services
available through the site (collectively, "site services"). In
particular, the site services are provided on an "as is", "with all
faults" and "as available" basis. To the extent allowed by
applicable law, KadiWeb hereby disclaims all warranties, conditions
or duties of every nature whatsoever (except any duties of good
faith), including without limitation, any implied warranties of
merchantability or of fitness for a particular purpose, any express
or statutory warranties, and any warranties or duties regarding
accuracy, timeliness, completeness, performance, lack or negligence
or of workmanlike effort. Additionally, KadiWeb makes no warranty
that the site services are year 2000 compliant or free from
infection by viruses or anything else that has contaminating or
destructive properties.
NO INCIDENTAL OR
CONSEQUENTIAL DAMAGES
To the full extent allowed by
applicable law, you agree that KadiWeb will not be liable to you
and/or any third party for any consequential or incidental damages
(including but not limited to lost profits, loss of privacy or for
failure to meet any duty including but not limited to any duty of
good faith, lack of negligence or of workmanlike effort) or for any
other indirect, special, or punitive damages whatsoever that arise
out of or are related to the site services or to any breach of the
terms by KadiWeb, even if KadiWeb has been advised of the
possibility of such damages and even in the event of fault, tort
(including negligence) or strict liability.
LINKS
The site contains links to other
World Wide Web sites provided by independent third parties ("Third
Party sites"), either directly or through frames. Where possible,
KadiWeb will make clear where such links are being made, though
Third Party sites may be co-branded with KadiWeb and so include
Simba Online's trademark. KadiWeb is not responsible for the
availability or content of Third Party sites and will not be a party
to, or in any way responsible for, any transaction concerning goods
or services available from such Third Party sites.
Changes to the Terms
Due to its policy
of updating and improving the site, KadiWeb may wish to change these
Terms (including those relating to your use of the Content).
Footymad reserves the right to modify these Terms without notice at
any time. It is therefore important that you read this page
regularly to ensure you are updated as to any changes.
Termination
KadiWeb reserves the right
to immediately terminate your use of, or access to, the site at any
time if KadiWeb decides at its sole discretion that you have
breached this Agreement or any relevant law, rule or regulation or
you have engaged in conduct that KadiWeb considers to be
inappropriate or unacceptable.
Advertising and
Sponsorship
Part of the site may contain advertising
and sponsorship. Advertisers and sponsors are responsible for
ensuring that material submitted for inclusion on the site complies
with international and national law. KadiWeb will not be responsible
for any error or inaccuracy in advertising material.
Competitions and Prizes
From time to
time KadiWeb will run competitions, free prize draws and promotions
on the site. These are subject to additional terms that will be made
available at the time of such competitions.
Privacy
Policy
The information that you provide about
yourself to KadiWeb will only be used by KadiWeb in accordance with
its Privacy Policy Statement. The Privacy Policy Statement does not
apply to Third Party sites.
Country of
Jurisdiction
These Terms shall be governed by, and
construed in accordance with, Canadian laws.
The parties
irrevocably agree that the courts of Canada shall (subject to the
paragraph below) have exclusive jurisdiction to settle any dispute
which may arise out of, under, or in connection with these Terms or
the legal relationship established by them, and for those purposes
irrevocably submit all disputes to the jurisdiction of the Canadian
courts.
For the exclusive benefit of KadiWeb, KadiWeb shall
retain the right to bring proceedings as to the substance of the
matter in the courts of the country of your residence or, where
these Terms are entered into in the course of your trade or
profession, the country of your principal place of business.
Other
You may not assign, sub-license
or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by
any court having competent jurisdiction, the invalidity of that
provision will not affect the validity of the remaining provisions
of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy
under these Terms does not constitute a waiver of that right or
remedy. Headings in these Terms are for convenience only and will
have no legal meaning or effect. |
|
|
|
