Terms of Use
PLEASE READ THESE CONDITIONS AND TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS SITE.
By using this website, www.joyfielding.com (the "Site"), you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this site.
Proprietary Rights
The Site as a whole and all materials on the Site, unless otherwise noted, including, but not limited to images, illustrations, audio clips, and video clips (collectively the “Material”) is protected by the copyright owned by Joy Fielding and the web design copyright is owned by World Exposure. ALL RIGHTS RESERVED.
Certain elements of the Site are protected by third-party copyrights specified on the Site.
This Site and the Material are for your personal use only. You may download or copy the contents of the Site or other downloaded items for personal use only. The Site and the Material provided through this server are protected by the copyright laws of Canada and other countries. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.
License Granted by Users' Submissions
Certain areas of this Site, such as the “submit comments and reviews” function, allow users to submit images and/or text to this Site. You retain copyright and any other rights you already hold in any content which you submit, post or display on or through, the Site. By submitting, posting or displaying the content you grant Joy Fielding a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Site. Additionally, you grant to Joy Fielding the right to sublicense any of the foregoing. You confirm and warrant to Joy Fielding that you have all the rights, power and authority necessary to grant the above licenses. You assume the risk that such materials may be copied by others and also assume the risk of, and agree to indemnify and hold Joy Fielding harmless for, such third-party use of the materials.
Disclaimer of Warranties
THE INFORMATION PROVIDED IN THIS SITE AND THROUGH THIS SERVER IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, JOY FIELDING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Joy Fielding does not warrant or make any representations concerning the use or the results of the use of the information provided on this Site and through this server in terms of its correctness, accuracy, reliability or otherwise. Joy Fielding makes no representation or warranties that the use of this Site (including any comments contained herein) will be uninterrupted or error-free, that defects will be corrected, or that this Site or this server are free of viruses or other harmful conditions or components. Your use of the Site is at your sole risk. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by Material that you download or obtain through the Site. You assume the entire cost of all necessary servicing, repair or correction, including but not limited to such and all other expenses related to computer equipment that may be damaged as a result of information received from or through this Site.
Descriptions of, or references to, products, services or publications provided within this Site and through this server do not imply endorsement of such products, services or publications. Joy Fielding makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.
Joy Fielding makes no representation that the Site is appropriate or available for use outside of Canada. If you choose to access the Site from such other locations, you do so at your own initiative and risk and are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. Joy Fielding reserves the right, in its sole discretion, to limit the availability of this Site to any person, geographic area or jurisdiction at any time.
Limitation of Liability
IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JOY FIELDING BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR GOODWILL, WHETHER IN AN ACTION IN CONTRACT OR IN TORT, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR YOUR INABILITY TO USE, THE MATERIALS ON THIS SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR THE ACTS OF ANY THIRD PARTY RELATED TO THE SITE, EVEN IF JOY FIELDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Joy Fielding's total liability to you for any and all claims, damages, losses, and causes of action (whether in contract or otherwise) exceed the amount paid by you, if any, for accessing this Site on the occasion that resulted in such liability.
Links
This Site may provide links to third party websites or resources. The provision of such links is not an endorsement of any information, product or service reached through such link. Joy Fielding does not have any control over third party websites or resources, makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to this Site. You use these links at your own risk.
Purchases
Any purchases made through this Site or any third-party site linked to this Site are made strictly at the risk of the buyer. Joy Fielding does not and will not accept responsibility for any loss resulting from the transmission of credit card or other financial information on this or any third-party site.
User Comments
Joy Fielding is not responsible for the content of any comments that you make on the blog function of this Site and Joy Fielding is not responsible for knowing whether the content of your comment is in violation of applicable laws. Joy Fielding reserves the right to refuse to post comments to the Site for any reason and reserve the right to edit and/or delete a comment that Joy Fielding , in its sole discretion, deems to be inappropriate, offensive, harmful, obscene, indecent or illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content), or otherwise contrary to these Terms of Use. Promoting a business, product, or service is not permitted and comments intending to advertise will be deleted.
Privacy
For information respecting our privacy procedures, please see the Privacy Statement. Any changes to the Privacy Statement will be effective immediately upon notice. Your use of this Site after such notice will be deemed acceptance of such changes.
Changes
Joy Fielding reserves the right, in its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Such changes shall be posted on the Site and shall become effective immediately upon posting. Visitors to the Site should periodically check for changes to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use (including the Privacy Statement) will mean you accept those changes.
This Site, in whole or in part, may be enhanced, modified or discontinued at Joy FIelding's sole discretion. Any enhancements, additions or modifications to the Site will be subject to these Terms of Use.
Choice of Law and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to principles of conflicts of law. Any dispute arising hereunder shall be adjudicated in the Province of Ontario, Canada, and the user consents to such courts' exercise of personal jurisdiction over him or her by using this Site. If any provision of these Terms of Use shall be determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the user and Joy Fielding relating to the subject matter herein and shall not be modified except in writing, signed by both parties.