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BY VISITING WWW.DEARMISSMILLIONAIRE.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we”, “us”, and “our” refer to DEAR MISS MILLIONAIRE (“DMM”) operating under CORINNA CORINNA CLOTHING COMPANY LTD. (the “Corporation”). For the purposes of the Terms and Conditions, the term the “Site” refers to WWW.DEARMISSMILLIONAIRE.COM and the terms “user”, “you”, and “your” refer to any visitors, customers, and any other users of the Site.
Use of WWW.DEARMISSMILLIONAIRE.COM, including all materials and content on the Site are subject to the following Terms and Conditions. These Terms and Conditions apply to all users and visitors to the Site. By using the Site, blog, e-books and digital information products (collectively, the “Services”), you agree to these Terms and Conditions and acknowledge and agree that you have read and understood them.
USE OF THE SITE AND SERVICES
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site, including these Terms and Conditions (collectively, the “Content”) are subject to change from time to time in the sole discretion of DMM. DMM makes no representations or warranties regarding the Content including, its accuracy, completeness, reliability or correctness. DMM hereby expressly disclaims all liability for any inaccuracy, errors, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information (collectively, the “Personal Information”). You agree that any registration information you give to DMM is accurate, correct, and will be kept up to date. You agree not to impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, by using the Services, violate any laws applicable in your jurisdiction of residence. You authorize DMM to use the Personal Information as set out in the Site, in accordance with its Privacy Policy and in accordance with applicable privacy laws.
LAWFUL PURPOSES
You may use the Site and Services for lawful purposes only. You agree to use the Site and to purchase Services or products through the Site for legitimate and non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any laws applicable in your jurisdiction of residence.
PAYMENTS
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. Payments shall be made immediately and paid to DMM or the Corporation as it may direct.
REFUSAL OF SERVICE
The Services are offered subject to DMM’s acceptance of your orders. DMM reserves the right to refuse Services for any order, user, person or entity. No order is deemed accepted by DMM until payment has been processed and received by DMM. DMM may at any time change or discontinue any aspect or feature of the Site or Services, subject to DMM fulfilling its previous responsibilities to you based on acceptance of any previously submitted orders and having received payment for such orders.
ORDER CONFIRMATION
DMM will email you to confirm the placement of your order and with details concerning the timing of product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform DMM as soon as possible of such error.
CANCELLATIONS, REFUNDS & RETURNS
There will be no returns or refunds on any digital products or Services. All such purchasers are made “as is”.
PRODUCT DESCRIPTION
DMM will endeavor to describe the Services as accurately as possible. While DMM will try to be as clear as possible in explaining the Services, please do not accept that the Site or Services description is entirely accurate, current, or error-free. From time to time DMM may correct errors in pricing and descriptions of the Services. DMM reserves the right to refuse or cancel any order for Services with an incorrect or out of date price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively, “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage against DMM/ the Corporation resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties. You shall indemnify DMM/ the Corporation for any claims, liabilities and expenses arising from or related directly or indirectly to the Materials, including without limitation claims against you or DMM/ the Corporation by any third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
DMM expressly disclaims any ownership of the intellectual property rights over the Materials you supply. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Services. Content you submit to DMM remains yours to the extent that you have any legal claims therein. You further agree to hold DMM harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you or us. By posting Materials on the Site, you grant DMM/ the Corporation a worldwide, nonexclusive, irrevocable license to use the Materials for promotional, business development and marketing purposes without charge.
OUR INTELLECTUAL PROPERTY
The Site and Services contain intellectual property owned by DMM/ the Corporation, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Services or Content or any intellectual property, in whole or in part, without DMM/ the Corporation’s prior written consent. DMM/ the Corporation reserves the right to immediately remove you from the Services, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
You acknowledge and agree that it is your responsibility to review this Site and this page periodically and to be aware of any modifications to these Terms and Conditions. DMM may at any time amend these Terms and Conditions at its sole discretion. Such amendments are effective immediately upon notice to you by DMM by e-mail and by posting such amended or modified Terms and Conditions on this Site. Any use of the Site or Services by you after being notified means you accept these amendments or modifications. DMM reserves the right to update any portion of our Site and Services, including these Terms and Conditions, at any time. DMM will post the most recent versions to the Site and list the effective dates on the Site.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL DMM/ THE CORPORATION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DMM/ THE CORPORATION SHALL NOT BE LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF DMM/ THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, DMM/ THE CORPORATION LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DMM/ THE CORPORATION’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU PURCHASED HEREUNDER AND IF NO PURCHASE HAS BEEN MADE BY YOU DMM/ THE CORPORATION’S CUMULATIVE LIABILITY TO YOU SHALL BE NIL.
THIRD PARTY RESOURCES
The Site and the Services contain links to third party websites and resources. You acknowledge and agree that DMM is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold harmless DMM/ the Corporation and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide DMM/ the Corporation with such assistance, without charge, as DMM/ the Corporation may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without DMM/ the Corporation’s prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and DMM/ the Corporation pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between the parties. No waiver of any of the provisions of this Agreement by DMM/ the Corporation shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by DMM/ the Corporation.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
DEAR MISS MILLIONAIRE
36A – 8 MENDOTA ROAD
TORONTO, ONTARIO
M8Y 1E8
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Ontario as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Toronto, Ontario. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted by a mediator chosen by DMM/ THE CORPORATION or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and enure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicense-able, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid and void.
Updated: DECEMBER 2019
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