PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of the porcelynne.com website, our books and downloadables, is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). By using porcelynne.com website, our books and downloadables, you signify your acceptance of these Terms and Conditions.
Ownership
The porcelynne.com website, our books and downloadables, its design, text, photographs, images, illustrations, graphics, content, video, audio and the selection and arrangement thereof are the property of Fairbanks Publishing (“FP”) and/or its various affiliates, third party providers and distributors (the “Third Parties”), and are protected by copyrights, trademarks, designs, patents and/or other intellectual property rights and are governed by all applicable laws of Canada and other countries. None of the content on the porcelynne.com website in whole or in part may be reproduced, republished, distributed, displayed, sold, transferred or modified without the express written permission of FP and/or the applicable Third Parties.
Limitation of Liability
YOU AGREE THAT FP (AND ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE FOR DAMAGES OF ANY KIND THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE PORCELYNNE.COM website, AND ANY MATERIAL POSTED ON IT. Except as explicitly provided in the foregoing paragraphs, FP and the Third Parties make no representations or warranties of any kind, express or implied, regarding porcelynne.com and/or any materials or information provided on porcelynne.com, all of which are provided on an “as is” and “as available” basis. FP and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of porcelynne.com, or any of the content or data found on porcelynne.com, and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. FP and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. Material in this site may contain inaccuracies or typographical errors. FP shall not be liable or responsible for any loss of damage caused by or arising from any user’s reliance on information obtained from or through this site. It is your responsibility to evaluate the information and other content available through this site.
This site and the information and materials contained in this site are subject to change at any time, and from time to time, without prior or subsequent notice. FP and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on porcelynne.com or your downloading of any materials, data, text, images, video or audio from porcelynne.com. In no event shall FP or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of porcelynne.com or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of porcelynne.com for purchases), of the performance or non performance by FP or any of the Third Parties, even if such party has been advised of the possibility of damages by such parties or any other party.You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
Maximum Liability
If, notwithstanding the foregoing, FP or any of the Third Parties should be found liable for any loss or damage which arise out of or is in any way connected with any of the functions or uses of porcelynne.com or its content, the liability of FP and the Third Parties shall in no event exceed in the aggregate $100 USD.
Use of the Site
The porcelynne.com website, in whole or in part, be copied, distributed, republished, uploaded, posted, reproduced or transmitted in any way without the prior written consent of FP. You may download, display and print material onto one computer for your personal, non-commercial use only. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
Privacy
You have read the FP Privacy Statement, the terms of which appear on porcelynne.com, and are incorporated into these Terms and Conditions, and agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information by FP for the purposes set out in the FP Privacy Statement.
Links
The porcelynne.com website contains links to other websites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by FP or the Third Parties of the linked website or information contained therein. FP and the Third Parties shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
Modification
FP reserves the right to, without notice, change the porcelynne.com website including without limitation with respect to products offered, product information, availability, content and pricing and may at any time modify the Terms and Conditions of use of porcelynne.com. Please check this page periodically for changes. Your use of porcelynne.com will be conditional upon your acceptance of the Terms and Conditions in force at the time of your use.
Indemnification
You shall indemnify and save harmless FP and the Third Parties and their officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of porcelynne.com.
Governing Law
These Terms and Conditions and the performance of the obligations and enforcement of the rights herein shall be governed by the laws of California. You consent and submit to the exclusive jurisdiction of the courts located in San Bernardino, California, in all disputes arising out of or relating to the use of porcelynne.com and these Terms and Conditions.
Severability
These Terms and Conditions shall be deemed severable. In the event any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall 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.
Entire Agreement
These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes 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 FP making such amendments or modifications available to it pursuant to the Terms and Conditions.
