Terms of Use

UEnd (”UEnd“) will allow you to access and use the Website on the condition that you accept the terms and conditions set out below (the “Terms of Use“).

IMPORTANT! BY ACCESSING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

UEnd reserves the right to modify or amend the Terms of Use without notice at any time. As such, it is important that the Terms of Use be read on a regular basis so that you are aware of any such changes. You can review the most current Terms of Use at any time at: http://www.uend.org/terms-of-use/.

1. Proprietary Rights
All works, content and materials on this Website, including without limitation, all text, information, designs, graphics, images, drawings, logos, photographs, video content, audio content, code and software (the “Materials“) and all organization and presentation of the Materials which form a part of this Website are the exclusive property of UEnd or its partners, subsidiaries, affiliates or licensors and are protected by intellectual property laws relating to copyrights, trade-marks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on this Website shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Terms of Use.

2. Trade-marks and Copyright
All Materials and other information found on this Website is protected under the applicable copyright and trade-mark laws of Canada and of other applicable jurisdictions. Any unauthorized use of this information including re-publication, downloading, copying or modification of material on the Website, including trade-marks, trade names and design marks, may violate applicable legislation and may result in legal action.
The trade-marks, trade names or design marks displayed on the Website belong to UEnd (and its authorized licensors) and may not be used for any purpose whatsoever without written permission from UEnd. For greater clarity, the display of any trade-mark, trade name or design mark on the Website does not imply that a license of any kind has been granted to any other party.

3. Permitted Uses
UEnd agrees to provide access to the Website to you solely in accordance with the Terms of Use. In consideration therefore, you shall:
(a) not copy, reproduce, republish, download, store, sell, upload, post, transmit, or distribute the Materials from the Website in any way whatsoever except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided you keep intact all copyright, trade-mark and proprietary notices;
(b) use the Materials solely for lawful purposes;
(c) not create derivative works from or exploit the Materials in any way;
(d) only use this Website if you are legally able to make binding contracts under applicable law; and
(e) acknowledge that the unauthorized use of the Materials could cause irreparable harm to UEnd and that in the event of an unauthorized use, UEnd shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable.

4. Internet Communications
The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. UEnd is not liable for any damages resulting from the transmission, interception or corruption of communications to or from the Website. Should you provide information to UEnd, you hereby agree that UEnd shall have no obligation with respect to such information and shall be free to use, distribute, disclose and reproduce any ideas, concepts, know-how or techniques contained in the information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such information. Any information provided by you to UEnd shall be non-proprietary and deemed to be non-confidential and must be truthful, legal and not violate the rights of third parties

5. Third Party Websites
The Website may include links to third party websites which are not controlled or maintained by UEnd. Any such links are included solely for your convenience and are not an endorsement by UEnd of the sites linked to, nor does UEnd have any control over the content of any such sites. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. You acknowledge and agree that UEnd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any use of, or reliance upon, any content, goods or services available on or through any such third party websites.

6. Submissions and Comments on the UEnd Blog
If you want to post comments or submit material to UEnd for publication in the UEnd Blog (http://www.uend.org/blog), you may do so on the following terms and conditions:
(a) you grant to UEnd a non-exclusive, perpetual, royalty-free, worldwide license to use, modify, adapt, translate and publish any material you submit to UEnd in any format known or later developed, including without limitation, print and electronic, and exercise all copyright and publicity rights with respect to the material;
(b) you warrant that any material you submit to UEnd is your own original work and that you own the copyright in any such work;
(c) you shall not to post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
(d) you shall not post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component;
(e) you agree not to post material which is deliberately intended to upset other users;
(f) you acknowledge that any breach of these warranties may cause UEnd damage or loss and you agree to indemnify UEnd in full and on demand and permanently against any third party liabilities, claims, costs, loss or damage UEnd may incur as a result of publishing any material you submit to UEnd, including any consequential losses; and
(g) UEnd reserves the right to remove your access or posting privileges to the UEnd Blog if it is believed you are abusing it in any way.
When participating in the UEnd Blog, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. UEnd cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When participating in the UEnd Blog, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the blog. Participating in the UEnd Blog for commercial purposes of any kind is strictly prohibited. Please note that UEnd reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use.

7. Privacy and Protection of Personal Information
UEnd respects the privacy and confidentiality of your personal information. UEnd does not collect your personal information, except where you provide such information in the course of using the Website. By submitting personal information to UEnd, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form. The general policies of UEnd with respect to the collection, use and disclosure of personal information are reflected in UEnd’s privacy policy, found at http:// http://www.christmasfuture.org/privacy/ (the “Privacy Policy”) and any questions in that regard may be directed to UEnd’s privacy officer (as identified in the Privacy Policy). Should UEnd change its Privacy Policy, the revised policy will be posted prominently on the Website, or it will be otherwise brought to your attention.

8. Liability Disclaimer
UEND DOES NOT GUARANTEE THE CURRENCY, COMPLETENESS, ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON ANY OF THE INFORMATION ON THIS WEBSITE, INCLUDING THE MATERIALS, SHALL BE AT YOUR OWN RISK AND EXPENSE. UEND DOES NOT GUARANTEE THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND UEND ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY OF THE MATERIALS FROM THE WEBSITE. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD-PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES AND THIRD-PARTY CONTENT. WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES.

THIS WEBSITE AND ALL CONTENTS AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY.

9. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE INCLUDING ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL UEND, ITS PARTNERS, SUBSIDIARIES, AFFILIATES, LICENSORS, AGENTS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT, OPPORTUNITY REVENUE OR BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF UEND OR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR PURCHASING SERVICES THROUGH THE SITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

10. Indemnity
You agree to indemnify, defend and hold harmless UEnd and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from:
(a) any material, information or other content you provide on or through the Website; or
(b) your use or misuse of the Website or any material found thereon, including without limitation any claims of infringement

11. Changes to Terms and Conditions
UEnd reserves the right to modify, add to, delete from, alter or update the Terms of Use, and may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability (each a “Change”). Any Changes will be posted to http://www.uend.org/terms-of-use/ and it is your responsibility to ensure that you are aware of any such Change from time to time. Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any Changes if you continue to use the Website after that time.

12. Severability
The Terms of Use operate to the fullest extent permissible by law. If any provision of the Terms of Use is unlawful or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

13. Governing Law
The Terms of Use shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to the Terms of Use and you agree not to bring any action, suit or proceeding against UEnd, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta.

14. Termination
These terms are effective until terminated by either you or UEnd. You may terminate these terms at any time by discontinuing use of this Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to this Website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of this Website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
15. General
The Terms of Use and ChristmasFuture’s Privacy Policy, together, constitute the entire agreement between you and UEnd with respect to the use of the Website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and UEnd. UEnd’s failure to insist upon or enforce strict performance of any provision of the Terms of Service shall not be construed as a waiver of any provision or right of UEnd. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.
The parties have requested that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED