TERMS AND CONDITIONS OF USE OF DAVID CHAPMAN’S ICE CREAM LIMITED (“CHAPMAN’S”) WEB SITE
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS OF USE”) OF THE CHAPMAN’S WEB SITE (THE “SITE”) CAREFULLY. BY USING THIS SITE YOU ARE AGREEING TO ACCEPT THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE.
YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS OF USE POSTED ON THE SITE AT THE TIME OF SUCH USE.
RIGHT TO USE THIS SITE
Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including all information, documents, and other content on the Site (collectively, the “Materials”), and (b) subject to any other requirements that CHAPMAN’S may specify, access service (“Services”) provided and products (“Products”) offered by CHAPMAN’S on this Site.
CHAPMAN’S reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded, printed or otherwise received from or through the Site, at any time for any reason, without prior notice or liability, and at CHAPMAN’S sole discretion.
OWNERSHIP OF MATERIALS ON THE SITE
The Materials on the Site are owned by CHAPMAN’S and its suppliers. They are copyrighted and protected by United States, Canadian and international intellectual property laws, treaties and conventions. You may not copy, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the rights holder(s). You also may not create a hyperlink directly to a page on the Site, other than the default, index or home page found at http://www.chapmans.ca without the prior written permission of CHAPMAN’S.
The trademarks of CHAPMAN’S and others used on the Site are the property of CHAPMAN’S or their respective owners. You may not use any trademark displayed on the Site without the written permission of CHAPMAN’S or the respective owner. Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.
COMMUNICATIONS FROM YOU TO THE SITE
I hereby grant CHAPMAN’S ICE CREAM (referred to as CHAPMAN’S) the absolute right and permission to use my photograph and/or photographic image, my likeness in a photograph, and/or any digital or other reproduction thereof regarding my submission to CHAPMAN’S, in any and all of its publications and promotions and for any of its official purposes, including use in print, electronic media, and Internet, Intranet, and website entries (“materials”), Social Media, without payment or any other consideration in perpetuity.
I understand and agree that the photograph(s) and the materials sent or provided will be the property of CHAPMAN’S and will not be returned and that CHAPMAN’S will own the copyright thereto with full right of lawful disposition in any manner.
I hereby irrevocably authorize CHAPMAN’S to modify, edit, alter, copy, exhibit, publish, and/or distribute the photograph(s) and the materials for any other lawful purposes. I waive the right to inspect or approve any finished product, including written or electronic copy, wherein the photograph(s) or my likeness appears. I waive any right to royalties or any other compensation arising from or related to the use of the photograph(s) and/or the materials.
I hereby hold harmless and release and forever discharge CHAPMAN’S, and their directors, officers, trustees, employees, agents, and designees, from any and all liability, claims, demands, damages, and causes of action whatsoever which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization and release including, but not limited to, any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said photograph(s) or production or use of the materials or in any subsequent processing or publication thereof.
By submitting content to CHAPMAN’S I agree that I have read this release and I fully understand the contents, meaning, and significance of this release.
All submissions for games/contests on the Kids Club are subject to the same rules as above. All participants under the age of 13 will be required to submit a “letter of permission” from the child’s legal guardian, allowing Chapman’s to collect confidential data (full name, mailing address) in order to send out prizes won with Kids Club Points. This “letter of permission” can be sent by either e-mail, or regular mail, and must contain the name of the guardian, and the shared address for their dependent. Minors under the age of 13 who subvert the Terms and Conditions with a fraudulent “letter of permission” will be banned from use of the website for life, with all earned points deleted, and username/rights of access denied.
From time to time this Site may contain references and links to content, products, services or other offerings of third parties (“Third Parties”). Such references and links do not constitute or imply an endorsement or recommendation by CHAPMAN’S of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties.
This Site is operated and controlled by CHAPMAN’S from its offices and resides on servers located within Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
CHAPMAN’S does not warranty or make any representations that any or all Materials and Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.
If any provision of the Terms and Conditions of Use if found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions.
EXCEPT AS OTHERWISE NOTED HEREIN, THE MATERIALS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” BY CHAPMAN’S, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. CHAPMAN’S makes no warranties, representations, or conditions of any kind regarding the sites, services, products, program’s or other offerings of Third Parties referenced on or accessible by means of the Site. CHAPMAN’S also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.
Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, CHAPMAN’S does not warrant or represent the accuracy and completeness of the Materials on the Site. CHAPMAN’S may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and CHAPMAN’S makes no commitment to update the Materials. CHAPMAN’S does not guarantee that all Products referenced on the Site will be available at all times. Products available from CHAPMAN’S at any given time may not be exactly as shown or described, and CHAPMAN’S reserves the right to improve or change the design of any Product without assuming any obligation to modify or replace any Product previously manufactured. CHAPMAN’S reserves the right to limit quantities.
LIMITATION OF LIABILITIES
IN NO EVENT WILL CHAPMAN’S, OR ITS SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CHAPMAN’S IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless CHAPMAN’S and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or acquisition of Products on the Site, or your Communications to the Site.