Welcome To The Enchanted Realm Emporium.
If you access or use this web site (the "Site"), you accept and agree to be
bound by and comply with the following terms and conditions (the "Terms"). If
you do not accept these Terms, do not use the Site.
Jurisdiction
The Site (excluding linked sites, if any) is administered and controlled by
Enchanted Realm Emporium and its affiliates, subsidiaries, officers, directors,
employees or agents (collectively, “EnchantedRealm.ca") from its offices in the
accordance with the laws of the Province of Manitoba and the laws of Canada
applicable therein, within the Province of Manitoba, Canada. You agree that the
Site will be governed by and construed in giving effect to any principles of
conflicts of laws. You agree that all disputes, controversies or claims arising
out of or in connection with the Site shall be submitted to and be subject to
the jurisdiction of the courts of the Province of Manitoba. You submit and
attorn to the exclusive jurisdiction of the courts of the Province of Manitoba
to finally adjudicate or determine any suit, action or proceeding arising out of
or in connection with the Site.
General
All products and services of EnchantedRealm.ca are subject to the terms and
conditions of the applicable agreements governing their use or sale.
These Terms are to be read by you together with any terms, conditions or
disclaimers provided in the pages of the Site. In the event of any conflict, the
terms provided in the pages of the Site will govern.
The information, material and content provided in the Site (the "Information")
may be changed at any time without notice. Changes may be made to these Terms at
any time without notice by updating this posting. You agree to review these
Terms regularly and your continued access or use of the Site will mean that you
agree to any changes.
Not Offering Any Advice
The Information is for informational purposes only and is not intended to
provide specific advice for you, and should not be relied upon in that regard.
You should not act or rely on the Information without seeking the advice of a
professional.
YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING,
TREATING, CURING OR PREVENTING A HEALTH PROBLEM. ALWAYS CONSULT YOU OWN
PHYSICIAN FOR ADVICE AND TREATMENT.
Disclaimers
ENCHANTEDREALM.CA PROVIDES THE SITE AND THE INFORMATION ON AN "AS IS, WHERE IS
AND AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW,
ENCHANTEDREALM.CA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE
INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY,
OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS,
RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, ENCHANTEDREALM.CA
DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR
REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS,
FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO
VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR
THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY
FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE ALL
PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
YOU ACKNOWLEDGE AND AGREE THAT ENCHANTEDREALM.CA DOES NOT ENDORSE THE CONTENT OF
ANY MEMBER OR ANY SITE ACCESSED VIA LINKS OR OTHER MEANS FROM THE SITE AND IT IS
NOT RESPONSIBLE OR LIABLE FOR SUCH CONTENT EVEN THOUGH IT MAY BE UNLAWFUL,
HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, HARMFUL, OBSCENE,
OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE
INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER PERSON.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL ENCHANTEDREALM.CA BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE SITE OR THE INFORMATION, EVEN IF ENCHANTEDREALM.CA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Trade-marks and Copyright
Certain names, words, titles, phrases, logos, icons, graphics or designs or
other content in the pages of the Site are trade names or trade-marks owned by
EnchantedRealm.ca, or trade names or trade-marks owned by third parties. The
display of trade-marks and trade names on pages at the Site does not imply that
a license of any kind has been granted. Any unauthorized downloading,
re-transmission, or other copying or modification of trade-marks and/or the
contents of the Site may be a violation of any federal or other law that may
apply to trade-marks and/or copyrights and could subject the copier to legal
action.
The Information is protected under the copyright laws of Canada and other
countries. Unless otherwise specified, no person has permission to copy,
download, display, redistribute, reproduce, republish, store in any medium,
re-transmit, modify or make public or commercial use of, in any form, the
Information. Permission is granted to you to display, copy, distribute and
download the Information for personal, non-commercial use only provided you do
not modify the Information and that you retain all copyright and other
proprietary notices contained in the Information. Notwithstanding the foregoing,
nothing contained in this Site shall be construed as granting by implication or
otherwise, any license or right to use or modify any trademarks of
EnchantedRealm.ca or any third party, except with the express written permission
of EnchantedRealm.ca or such other party that may own the applicable trademark.
This permission terminates automatically if you breach any of these Terms. Upon
termination of these Terms, you will immediately destroy any downloaded and
printed materials. Any unauthorized use of any Information may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
Internet E-Mail
Any unprotected E-Mail communication over the Internet is, as with communication
via any other medium (e.g. cellular phones, post office mail), not confidential,
subject to possible interception or loss, and is also subject to possible
alteration. EnchantedRealm.ca is not responsible for and will not be liable to
you or any one else for any damages in connection with an E-Mail sent by you to
EnchantedRealm.ca or an E-Mail sent by EnchantedRealm.ca to you at your request.
No Endorsements
No endorsement or approval of any third parties or their advice, opinions,
information, products or services is expressed or implied by any Information.
Links/Software
Links from or to web sites outside the Site are meant for convenience only.
EnchantedRealm.ca does not review, endorse, approve or control, and is not
responsible for any sites linked from or to the Site, the content of those
sites, the third parties named therein, or their products and services. Linking
to any other site is at your sole risk and EnchantedRealm.ca will not be
responsible or liable for any damages in connection with linking. Links to
downloadable software sites are for convenience only and EnchantedRealm.ca is
not responsible or liable for any difficulties or consequences associated with
downloading the software. Use of any downloaded software is governed by the
terms of the license agreement, if any, which accompanies or is provided with
the software.
Your Transmissions
Any material, information or idea you transmit to or post on this Site by any
means will be treated as non-proprietary, and may be used by EnchantedRealm.ca
for any purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products and services. You are prohibited from
posting or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or
profane material, or any other material that could give rise to any civil or
criminal liability under the law.
Privacy Policy
By your consent to the collection and use of personal information as described
in our privacy policy published on the Site. EnchantedRealm.ca reserves the
right to amend its privacy policy from time to time by posting the updated
policy on the Site. You agree to review the privacy policy each time you visit
the Site.
Indemnity
You agree to protect and fully compensate EnchantedRealm.ca from any and all
third-party claims, liability, damages, expenses and costs (including but not
limited to reasonable legal fees) arising from your use of the Site and the
Information, your violation of any of these Terms, your infringement of any
intellectual property or other right of any person.
Entire Agreement
These Terms and any terms incorporated or referred to herein constitute the
entire agreement between you and EnchantedRealm.ca relating to the subject
matter hereof, and supersede any prior understandings or agreements (whether
electronic, oral or written) regarding the subject matter, and may not be
amended or modified except in writing, or by EnchantedRealm.ca making such
amendments or modifications in accordance with these Terms.
Serverability
These Terms shall be deemed severable. In the event that any provision is
determined to be unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any other
remaining provisions.
Last Updated May 10, 2010