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HEDONICS™ Terms of Use
Acceptance. Welcome to the Hedonics™ Website (the "Website") operated by Hedonics Catalogue, Inc. ("Hedonics"). The Website products and services (collectively, the "Services") are offered by Hedonics through Web pages and linked pages that display the Hedonics navigation bar and include a footer link to the Website Terms of Use. By accessing the Website or using any of the Services, you agree to be bound by these Terms of Use and additional or alternative terms, conditions, rules and policies in connection with any particular Service. Please note that the Terms of Use may be updated from time to time without notice to you. Because the Terms of Use contain legal obligations, please read them carefully.
The Hedonics™ Web Site Policy. Hedonics Catalogue may collect information on customer activity through user navigation and the use of tools and functions available on hedonics.com. This information may be used to understand and analyze customers' responses, needs and preferences, and to develop, enhance, market and/or provide products and services to meet those needs. In addition, information collected may also be used for the specified purposes of Hedonics® Catalogue as outlined in our Hedonics Privacy Commitment.
Privacy and Cookies. For information on how user information is collected, used and disclosed by Hedonics Catalogue, please see our Hedonics Privacy Commitment. The Website uses a "session cookie", which resides in memory and persists only as long as the browser is open. This cookie holds only the information that is uniquely generated when you log on to the site and persists only as long as your browser is open. This cookie makes your basket and any information you have entered available as you browse the Website. Upon your departure from the Website and closure of your browser, the information in the session cookie is removed from memory.

Registration, Personal Identification Numbers and Passwords. Certain Services and related features, such as access to the Website, personalization, web hosting, and webmail available over the Website may require registration. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for:

  1. maintaining the confidentiality of any personal identification numbers or passwords identifiers which you choose or are a ssigned as a result of any registration over the Website;
  2. all activities that occur under such personal identification number or password; and,
  3. Notifying Hedonics Catalogue of any unauthorized use of your personal identification number or password.
Hedonics Catalogue shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with this.

Rules and Conduct.
You agree not to use the Website or services to:

  1. post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet;
  2. defame, abuse, stalk, harass or threaten any other person or violate the legal rights of any other person, including rights relating to privacy and publicity;
  3. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  4. post, transmit, link to, or otherwise distribute any information or software which contains a virus, worm, cancelbot, trojan horse or other harmful or disruptive component;
  5. upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;
  6. impersonate or falsely represent your association with any person; and use, reproduce, sell, resell or otherwise exploit the Website or any of the Services for any commercial purposes.
 
Responsibility for Minors. You are fully responsible for:
  1. the online conduct of an authorized minor;
  2. controlling the authorized minor's access to and use of the Website and any such Services; and
  3. the consequences of any misuse of the Website and any such Services by the authorized minor.
You accept responsibility to determine whether any of the Services and/or Content are appropriate for an authorized minor and what access the authorized minor will be allowed.
Monitoring. You agree that Hedonics Catalogue has the right to monitor the Website or any content, products or services (collectively, "Content"), from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website or any of the Services properly, or to protect itself or its users in accordance with the Hedonics Privacy Commitment. Hedonics Catalogue 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 the Terms of Use. By using the Website or the Services, you may have access to Content that may be offensive or objectionable to you. Under no circumstances shall Hedonics Catalogue be responsible or liable, directly or indirectly, for loss or damage of any kind as a result of any use of, or access to, any such Content.
Dealings with Third Parties. Your correspondence or business dealings with any third parties, including any suppliers or advertisers, found on or through the Website, are solely between you and such third parties. Hedonics Catalogue is not responsible for any charges you or any user of your account incurs when conducting business in this manner. Further, you accept responsibility for ensuring compliance with all applicable laws in connection with any such transactions. You agree that Hedonics Catalogue shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
Search Content. Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any Website search services are protected by copyright and/or other intellectual property laws. Hedonics Catalogue does not authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Website, all of the Multimedia Content contained on such sites is owned and served by entities other than Hedonics Catalogue.
Professional Information. Certain information provided by third parties related to various professional fields such as, without limitation, medicine, law, accounting and financial investments (the "Professional Information") is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You agree that Hedonics Catalogue shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
Third Party Content. Hedonics Catalogue generally exercises no control over third party content, web pages, or sites. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You agree that Hedonics Catalogue shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
User Content. In respect of any and all content which you elect to post on the Website which is accessible by the general public, you grant Hedonics Catalogue a world-wide, royalty-free, nonexclusive, perpetual and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting Hedonics Catalogue. Such license shall apply with respect to any form, media, or technology now known or later developed. With respect to any and all content you elect to post or transmit using the Services, you agree that Hedonics may preserve and disclose any content associated with your Hedonics customer account where required to do so by law or where such preservation or disclosure is reasonably believed by Hedonics Catalogue to be necessary to ensure compliance with the law, enforce the Terms of Use or protect the rights and interests of Hedonics Catalogue or any other person.
Service Modifications. You acknowledge and agree that Hedonics Catalogue may at any time modify or discontinue the Website or any of the Services with or without notice to you, and that Hedonics Catalogue will not be held responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
Termination. You acknowledge and agree that Hedonics Catalogue, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any of the Services, and remove and discard any information or content that you posted to or transmitted using the Website or related to such Service. You further agree that Hedonics Catalogue shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Hedonics Catalogue in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services.

Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT THE HEDONICS CATALOGUE MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; AND
  2. HEDONICS CATALOGUE SPECIFICALLY MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HEDONICS CATALOGUE, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OREXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS,SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OFWHETHER HEDONICS CATALOGUE HAD BEEN ADVISED OF OR COULD HAVEFORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF ORIN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCEOF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZEDACCESS TO OR MODIFICATION \TO ANY OF YOUR CONTENT ORTRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITEOR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

Indemnity. You agree to defend, indemnify and hold Hedonics Catalogue, its affiliates, suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account:

  1. violation of the Terms of Use;
  2. use of the Website or any of the Services;
  3. placement, posting or transmission of any message, information,
    software or other content on the Website or through anyof the Services
No License; Intellectual Property of Hedonics Catalogue and Others. Except as expressly provided, nothing herein or within the Website or any of the Services shall be construed as conferring any license under any of the intellectual property rights of Hedonics or any third party, whether by implication, waiver, estoppel, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of Hedonics Catalogue, its affiliates, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Website or the Services.
Trademarks. The HEDONICS™ (word mark), the HEDONICS logo and related HEDONICS trademarks and logos are registered and unregistered trademarks of Hedonics Catalogue, Inc. All other product, brand, company names, trademarks, logos or other intellectual property used or displayed on the Website are the intellectual property of their respective owners. Your use of any of the intellectual property appearing on the Website is expressly prohibited without the prior written consent of Hedonics Catalogue or owner of the intellectual property, as appropriate.
Ownership of Content. The Website and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Hedonics Catalogue or others with all rights reserved unless otherwise noted. Your use, copying, republication or redistribution of such Content, including by caching, framing or similar means is expressly prohibited without the prior written consent of the Content owner. Further, you agree not to modify, alter, or deface any of the Content available through the Website nor use any of the forgoing for any purpose other than the purpose for which such Content is made available to users through the Website.
General. The Website originates in Canada. The Terms of Use constitute the entire agreement between Hedonics Catalogue and you pertaining to your use of the Website and the Services and supercede any prior agreements between you and Hedonics Catalogue. Failure of Hedonics Catalogue to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties have required 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 que s'y rattachent soient rédigés en anglais.

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