(Last edited June 2020)
Welcome to Kulapix Inc. (the "Site"). Please review the following terms and conditions (the "Terms and Conditions") that govern your use of our Site and the goods, software and services provided, licensed or sold through or in connection with the Site (the "Products"). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by the Terms and Conditions then in effect (the "Agreement"). This Site is provided as a service to the customers of Kulapix Inc. the owner and operator of the Site. Although you may "bookmark" a particular portion of this Site and thereby bypass the display of these Terms and Conditions, your use of this Site still binds you to the Terms and Conditions then in effect. Kulapix Inc. reserves the right to update or modify the Agreement at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to review the effective date of the Terms and Conditions (which appears at the very top of this document) each time you access this Site and, if the Terms and Conditions have been revised since your last visit to the Site to review the revised Terms and Conditions which will apply to your visit and your use of the Site and the use and purchase (as the case may be) of Products.
Please review these Terms and Conditions in their entirety by using the scrolling feature. If you do not accept these Terms and Conditions, please do not access or use this Site.
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Content") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, held by or licensed to Kulapix Inc., or one of its affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Kulapix Inc. and is also protected by Canadian, U.S. and international copyright laws.
Kulapix Inc. and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on or are available through this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Kulapix Inc.'s or any third party's intellectual property rights.
The Kulapix names and logos and all related product names, design marks and slogans are the trade-marks of Kulapix Inc. and are used in Canada under exclusive license by Kulapix Inc. All other trade-marks are the property of their respective owners. No trade-mark license is granted in connection with the materials contained on or offered through this Site, or the intellectual property rights embodied therein, arising therefrom or represented thereby. Access to this Site does not authorize anyone to use any name, logo or trade-mark in any manner whatsoever or to reproduce any Content.
References on this Site to any third party names, trade-marks or products or any hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Kulapix Inc. approval, endorsement, sponsorship or recommendation of such third party, such sites or such products or any representation or warranty as to the accuracy, adequacy, lawfulness or completeness of any such information. Kulapix Inc. is not responsible for the content of any third party sites and does not make any representations regarding the content or the lawfulness, accuracy, adequacy or completeness of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All users of the Site must use the Site responsibly and with respect for all persons. Your use of the Site, including, without limitation, posting materials to and using and sharing materials on the Site, and your use of Products must be lawful, ethical, and respectful of the legal rights and interests of all other persons, including without limitation Kulapix Inc., its affiliates and each of their respective agents and representatives.
LAWFUL USE: Your use of the Site and/or the Products must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Site from locations where the Site or the Products may be illegal is prohibited.
NON-COMMERCIAL USE: The Site may be used by you only for personal, non-commercial purposes and must not be directly or indirectly used in connection with any commercial activities, including: (a) selling or offering to sell any goods or services, including reselling the Products; (b) soliciting for advertisers or sponsors; (c) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; (d) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (e) soliciting for donations, other than through any gift request, wish list, gift and other similar features that may be expressly offered from time to time on the Site; or (f) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
SECURITY AND PERFORMANCE: The Site must not be used by you with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Site, compromise the security measures for the Site or impose an unreasonable or disproportionately large load or burden on the system on which it is stored and/or hosted or its infrastructure. You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or the software underlying or offered on the Site, or delete, obscure or modify any proprietary notice contained on the Site or assist others in undertaking any of the foregoing.
OTHER PERSON'S RIGHTS: Your use of the Site must not infringe the legal rights of any other person (including privacy and personality rights, copyright, trade-mark, trade secret, patent, moral rights, and other proprietary rights). You may not use the Site in any manner that may be indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or that may otherwise be objectionable. This prohibition extends to the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct. Your use of the site must not dilute or depreciate the name and reputation of Kulapix Inc., its affiliates and/or associates.
NO DATA COLLECTION: Your use of the Site must not involve any data matching or data mining, including without limitation the collection or use of information about other members and other users (including their email addresses) without their expressed consent.
Kulapix Inc. reserves the right, in its sole discretion, to determine whether any use by you of the Site is in contravention of these Terms and Conditions.
Users are prohibited from violating or compromising or attempting to violate or compromise the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing," including without limitation any distributed denial of service attack (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Kulapix Inc. on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.).
Kulapix may in its sole discretion report perceived violations of applicable law to law enforcement authorities. Kulapix Inc. will investigate occurrences that may involve unlawful conduct and may involve, and cooperate fully with law enforcement authorities in investigating and prosecuting users who are suspected of such unlawful conduct including without limitation providing (a) account members' personal and payment information, (b) Site users' personal information, and (c) copies of all content used in connection with the Service, including content posted to the Site. You acknowledge that it is Kulapix’s policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Service.
If you have an Account, you may create links to the materials you post to the Site from your own, personal, non-commercial site; however you may not create links from commercial sites (such as auction sites) or sites you do not own. Also, you may not use Kulapix Inc.'s name (or that of any of its affiliates) or any of the Content or otherwise indicate, suggest or imply that Kulapix Inc. (or any of its affiliates) endorses the materials you post to the Site.
Any other links you may create to the Site or its content without the express permission of Kulapix Inc. are strictly prohibited. The framing of the Site or any of its content in any form and by any method is strictly prohibited.
Individuals who wish to use, acquire and/or purchase Products (as the case may be) must have reached the age of majority in their respective jurisdiction and must be capable of forming legally binding contracts under applicable law. The Site may not be used by persons who have previously had their Site membership or account revoked or by individuals in jurisdictions where the accessing or use of the Site, or any Content materials contained on or accessible through the Site, may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all laws applicable in your jurisdiction, including any export restrictions. Kulapix Inc. reserves the right to limit the availability of the Site or the Products to any person, geographic area, or jurisdiction it may designate, at any time and in its sole discretion, and to limit the quantities or terms and conditions relating to any service, good, program, or other product that Kulapix Inc. provides or may provide. ANY OFFER OF SALE OF ANY GOOD OR SERVICE THROUGH THIS SITE IS VOID WHERE PROHIBITED.
Some areas of the Site may require you to register with the Site and create a user account (an "Account"). When and if you register, you agree (a) to provide accurate, current, and complete information about yourself as prompted by our registration form (including your email address) and (b) to update your information (including your email address) so as to keep it accurate, current, and complete.
As part of the registration process, you will be asked to select a unique user ID and password. Kulapix Inc. may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trade-mark or any other intellectual proprietary right, is vulgar or otherwise offensive, or may cause confusion, as determined by Kulapix Inc. in its sole discretion. For security reasons, user IDs and passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and users must log-out at the end of each session. You will be responsible for the confidentiality and use of your username and password and agree not to disclose your user ID or password to the Site to any third party. You must immediately notify Kulapix Inc. of any unauthorized disclosure or use of your user ID or password or album passwords you have provided to any other person, or if you know or suspect that those passwords have been lost or stolen or become known to any other person without your authorization. Kulapix Inc. is not under any obligation to verify the actual identity or authority of the user of any user ID or password.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING, WITHOUT LIMITATION, ANY PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You must ensure that all use of your Account, whether by yourself or by any third party, complies with this Agreement.
All user IDs and passwords remain the property of Kulapix Inc., and your Account may be cancelled or suspended at any time by Kulapix Inc. without any prior notice or any liability to you or any other person. Without any limitation to the foregoing, if Kulapix Inc., in its sole discretion, considers a password to be insecure or otherwise compromised, then Kulapix Inc. may cancel the password and/or your Account.
You must respond promptly to all email and other correspondence from Kulapix Inc. which requests or requires a reply from you, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Site and the use of your account.
Account holders may also use album passwords for materials they submit or post to the Site in order to restrict other user's access to those materials ("Album Password" or "Album Passwords"). The use of an Album Password does not restrict access by Kulapix Inc. to the password-protected materials.
Kulapix uses reasonable endeavors to ensure that the Site is available 24 hours a day 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Kulapix. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Kulapix. You agree that Kulapix shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for creating backups of any content you post to the Site.
For all materials you may use or allow others to use in connection with the Site, including materials posted or submitted to the Site (the "Materials"):
You grant to Kulapix Inc. a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, world-wide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use such Materials (in whole or in part) in connection with the Site and/or the Products, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability to you or any other person, and free from any obligation of confidence or other duties on the part of Kulapix Inc., its affiliates and their respective licensees;
You grant to all users of the Site who enter the correct Album Password, permission to access, view, store, copy, reproduce, distribute, transmit, display, perform, and reproduce such Materials (in whole or in part) in any of the ways facilitated or provided by the Site;
You represent and warrant to Kulapix Inc. and all users of the Site that (i) their use of the Materials does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or any applicable laws; and (ii) you have all the rights necessary to grant all rights and licenses set forth above; and
You also grant to Kulapix Inc. the right to use your name in connection with the Materials.
All transactions initiated and/or conducted through the Site (each a "Transaction") are governed by this Agreement and any applicable transaction agreement (the "Transaction Agreements"). By participating in a Transaction, you signify your agreement and acceptance of the applicable Transaction Agreement.
Users of the Site may be permitted to submit digital images to the Site for processing and purchase of prints or for the production and purchase of customized merchandise incorporating said digital images. Any such processing by Kulapix Inc. (or by third party service providers) is expressly subject to the terms of this Agreement, including without limitation all disclaimers, limitation of liability, exclusions and indemnities, and any applicable Transaction Agreement. The acceptance of such digital images by the Site does not create any obligation for Kulapix Inc. to preserve or retain such images and Kulapix Inc. may at any time, in its sole discretion and without prior notice to you delete any such digital images. KULAPIX INC. IS NOT RESPONSIBLE FOR ANY PRINTS OR MERCHANDISE WHICH HAVE NOT BEEN COLLECTED MORE THAN 30 DAYS AFTER THE DATE OF YOUR ORDER
All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use (or in certain cases acquisition) of the Products, as well as charges related to goods and services provided by third parties but acquired through the Site. You are responsible for paying all fees, charges and applicable taxes associated with your use (or acquisition) of the Products and any use (or acquisition) of the Products by any person using your user ID or password. All amounts appearing on the Site are quoted in US dollars.
Kulapix Inc. endeavours to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, Kulapix Inc. reserves the right to change the prices, fees and charges associated with any of the Products, including without limitation any goods and services available through the Site, at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, Kulapix Inc. cannot guarantee that goods or services advertised on the Site will be available when ordered or thereafter. Kulapix Inc. also reserves the right at any time and in its sole discretion to reject, correct, cancel or terminate any order made through the Site.
The advertisements on the Site are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Site sends an order acceptance email to your email address or Kulapix otherwise fulfills your order and provides you with confirmation of the foregoing. You have one (1) hour to cancel an order after having submitted your purchase order. The order acceptance may provide you with confirmation of the terms of the transaction and may also provide you with certain information regarding availability and/or delivery of the relevant Product.
If any payment due is not made by you, Kulapix Inc. may, in addition to any other remedies it may have and at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and revoke your Account and your access to and use of the Site, or (b) terminate this Agreement, revoke your Site account and your access to and the use of the Site. If legal action is necessary to collect any amount which you owe, then you will reimburse Kulapix Inc. for any and all expenses incurred in collecting such amount, including without limitation all legal fees, all costs and all disbursements.
Kulapix Inc. has made reasonable efforts to display as accurately as possible the colours of Products (including without limitation digital images and custom merchandise) that appear on or are displayed on or through the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
You agree to defend, indemnify and hold Kulapix Inc. harmless from and against any and all losses, actions, claims, damages, costs and expenses, including legal fees (on a solicitor and his own client basis) and disbursements, arising from or related to your use of the Site (regardless as to whether or not such use is permitted under these Terms and Conditions), including without limitation any Materials you submit or post on the Site, your use of the Products and your use of the Photo Archival Services. This provision shall survive the termination of this Agreement and remain in full force and effect after any such termination.
Personal information which may be collected from individuals who access this Site, including without limitation names, postal addresses, telephone numbers, email addresses and age will only be collected for the purposes of providing the Products and operating the Site. The personal information collected on this site is secure, and will not be disclosed to any person or entity without your consent. Notwithstanding the foregoing, the above information may be provided to law enforcement authorities in the event that: (i) a user of this Site has attempted or may be attempting to access this Site illegally and/or in contravention of the section of this Agreement entitled "Security"; and/or (ii) if any illegal activity may in any way be associated with a person who has accessed this Site or with a person's use of the Site and the Products. Should you wish to access your records, you may do so by contacting Kulapix Inc. at email@example.com Upon written request to the attention of the Chief Privacy Officer, you will be given access to your records to verify the information and to rectify any information in it. By clicking the consent and agreement box at the bottom of this Agreement the user of this Site irrevocably consents to the use of his, her or its personal information in the manner set forth above, which consent shall survive the termination of this Agreement
These Terms and Conditions (as same may be amended from time to time by Kulapix Inc. in its sole discretion) constitute an agreement between you and Kulapix Inc., effective upon your initial entry to the Site unless and until terminated by you or by Kulapix Inc.
If you breach any provision of this Agreement, then Kulapix Inc. may revoke your Account and terminate this Agreement and may prohibit you from using the Site or from using and/or acquiring the Products.
You may terminate this Agreement at any time. To terminate this Agreement, you must notify the Site by sending email to the Kulapix Inc. Webmaster at firstname.lastname@example.org from the email address which is associated to your account. After receipt of your termination notice, the Site will send you an email confirming termination of this Agreement and of your account. The termination shall be effective on the date the foregoing confirming email is sent by the Site. Notwithstanding the foregoing, should you continue to use the Site, you shall be deemed to have entered into a new Agreement.
Upon termination of this Agreement, all fees, charges, costs or amounts payable by you in conjunction with your use of the Site or purchase of any Products shall become forthwith payable and you agree to forthwith remit those amounts to Kulapix Inc.
Kulapix Inc. may, in its sole discretion and at any time, change, suspend, or terminate, temporarily or permanently, the Site or any part of it or Products, for any reason and for convenience, without any notice to you and without engaging any liability towards you or any other person.
Kulapix Inc. may at any time and for any reason, with or without cause, and in its sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Site and any Account you may have; (ii) suspend or terminate and permanently delete and destroy any user ID, password or account information; (iii) remove from the Site and permanently delete and destroy any Materials that you or others may have posted or submitted to the Site (and for purposes of this Agreement, "posted" and "submitted" includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or for convenience; (iv) restrict access to the Materials posted or submitted to the Site and to any account you may have; and (v) bar you from any future use of the Site; all without any prior notice or liability to you or any other person.
Kulapix Inc. is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that it may receive regarding any Materials that you may use or allow others to use in connection with or via the Site (including Materials posted or submitted to the Site) before Kulapix Inc. takes any remedial action that it considers, in its sole discretion, to be appropriate.
If this Agreement is terminated by you or by Kulapix Inc. for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Site, including payment of any charges accrued in connection with use of the Site, including without limitation purchases of any Products; (b) Kulapix Inc. may immediately remove from the Site and permanently delete and destroy any Materials that you or others may have posted or submitted to the Site without any prior notice or liability to you or any other person; (c) any fees and charges previously paid by you for unused services will not be refunded; and (d) you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise.
THIS SITE AND THE PRODUCTS PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KULAPIX INC. MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KULAPIX INC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PERFORMANCE OR DURABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KULAPIX INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND KULAPIX INC.'S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW ANY OTHER PERSON TO USE IN CONNECTION WITH THE SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SITE;
KULAPIX INC. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SITE, WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS OR THAT THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SITE, WILL NOT BE MISUSED BY ANY OTHER PERSON;
YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH YOUR USE OF THE SITE AND THE ACQUISITION OF PRODUCTS, INCLUDING ALL COMPUTERS, TELEPHONE AND INTERNET SERVICE AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT, AND SOFTWARE. KULAPIX INC. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SITE AND/OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
KULAPIX INC. IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF THE USERS OF THE SITE OR OTHER USERS OF THE PRODUCT. KULAPIX INC. DOES NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE AND DOES NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS AND MADE AVAILABLE TO YOU TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE AND RELATED PRODUCTS;
THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. KULAPIX INC. IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS;
KULAPIX INC. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
KULAPIX INC. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SITE, THE INFORMATION OBTAINED THROUGH THE SITE, OR ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED THROUGH THE USE OF THE SITE WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
KULAPIX INC. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS; AND
KULAPIX INC. MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE USE OF THE SITE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SITE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KULAPIX INC. OR ANY OF ITS AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR RELATED TO ANY MISPRINTS OR ERRORS ON THE SITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT YOU ORDER, ANY DELAY IN THE AVAILABILITY OF GOODS OR SERVICES, OR ANY CHANGES IN THE PRICE OF GOODS OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KULAPIX INC. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE KULAPIX SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
The failure of Kulapix Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Kulapix Inc.'s rights with respect to such breach or any subsequent breaches.
This Agreement shall be governed by and construed under the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the Province of Ontario.