Serena
Ray Inc reserves the right to change these terms and conditions at
any time, and you agree that each visit you make to Serena Ray Inc
web site (ãserenaray.comä) shall be subject to the current terms and
conditions as published on our website at www.serenaray.com.
General Terms of Use
By accessing serenaray.com, you are agreeing to be bound by these
Web Site Use Terms & Conditions and all applicable laws and regulations,
and you agree that you are solely responsible for compliance with
any applicable local laws. If you do not agree with any of these terms,
do not use this site. Any claim relating to serenaray.com shall be
governed by the laws of the City of Toronto, located in the province
of Ontario, Canada. The materials contained in serenaray.com are protected
by applicable copyright and trade mark laws.
Internet Etiquette
Electronic forums such as email distribution lists and UseNet newsgroups
all have ground rules and established etiquette for posting messages
or material to these forums. Users should be considerate of the expectations
and sensitivities of others on the network when posting material for
electronic distribution. The network resources rented by you may not
be used to impersonate another person or misrepresent your authorization
to act on behalf of Serena Ray Inc or any other party. All messages
transmitted by you should correctly identify you as the sender. Any
attempt to alter the system configuration, to breach the security
of the network, to gain unauthorized access to other usersâ email
accounts, or any other attempt at ãhackingä, is prohibited, and will
result in the immediate cancellation of all access and privileges
and the possibility of criminal and/or civil charges being brought.
No Endorsement of Third Party Content
Serenaray.com contains links to and frames of sites that are not maintained
by Serena Ray Inc. Serena Ray Inc is not responsible for the content
of those sites and cannot guarantee that those sites will not change
without our knowledge. The inclusion of such links and frames in serenaray.com
does not imply endorsement of such sites or any content, information,
material, products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON SERENARAY.COM ARE PROVIDED
ãAS ISä, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH SERENARAY.COM AND
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON INFRINGEMENT.
In no event shall Serena Ray Inc or its service Providers, affiliates,
associates, subsidiaries or partners be liable for any damages, including,
without limitation, damages for loss of data or profit, or due to
business interruption, arising out of the use of or inability to use
the materials contained on serenaray.com, even if Serena Ray Inc has
been notified of the possibility of such damage. Some jurisdictions
do not allow the exclusion of implied warranties, so the above exclusion
may not apply to you. This disclaimer of liability applies to any
damages or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of record, whether for
breach of contract, tortious behavior, negligence, or under any other
cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms,
or other forums conducted on this site are not necessarily those of
Serena Ray Inc or its service Providers, affiliates, associates, subsidiaries
or partners and Provider makes no representations or warranties regarding
that information or those opinions. Neither Serena Ray Inc or its
service Providers, affiliates, associates, subsidiaries or partners
shall be responsible or liable to any person or entity whatsoever
for any loss, damage (whether actual, consequential, punitive or otherwise),
injury, claim, liability or other cause of any kind or character whatsoever
based upon or resulting from any information or opinions provided
in such forums.
Limited License
Serena Ray Inc hereby grants you a limited license to view on your
computer, print, download and use any content made available on serenaray.com
for which a fee is not charged, for non-commercial, personal, or educational
purposes only, provided that you do not modify any such content, and
that you include with and display on each copy of such content all
applicable notices, including a copyright notice, the URL of the document
and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make
any commercial use of such content, either alone or in or with any
product which you distribute, or copy or host such content on your
or any other personâs web site or FTP server. Nothing contained in
this limited license shall be deemed as conferring any right in any
copyright, trade mark, trade name or other proprietary property of
Serena Ray Inc or any other party who owns or has proprietary rights
to the content, information and materials provided on serenaray.com.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations
and multimedia materials, is protected by copyrights which are owned
and controlled by Serena Ray Inc or by other parties that have licensed
their material to Serena Ray Inc. Material from this Web Site or from
any other web site owned, operated, licensed or controlled by Serena
Ray Inc may not be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way. Modification of the materials
or use of the materials for any other purpose is a violation of the
copyrights and other proprietary rights held by the respective Providers
thereof. The use of any such material on any other web site, ftp server
or network environment is prohibited.
Changes and Improvements
Serena Ray Inc may make changes, improvements, alterations or amendments
in and to the products, services, information and materials contained
on serenaray.com, including the terms and conditions of your use of
this Web Site, without liability.
Jurisdictional Issues
Due to the nature of the Internet, it is not possible for Serena Ray
inc to restrict access to its web site only to those jurisdictions
in which it does business. Some of all of the products and services
offered on this web site may not be eligible for solicitation in your
jurisdiction. If you are accessing this web site from such a jurisdiction,
you should not consider anything on this site as an offer to sell
or as a solicitation to the public to purchase any product or service
from Serena Ray Inc. This site is for use only by persons residing
in jurisdictions where such products and services may legally be sold.
Serena Ray Inc offers services and programs in many parts of the world.
The web site may refer to certain services or programs that are not
available worldwide. Without specifically limiting the offers made
on this web site, reference to such services or programs does not
imply that Serena Ray Inc intends to offer such service or programs
in all countries or locations.
Unless otherwise specified, the materials contained in serenaray.com
are presented solely for the purpose of introducing and selling Serena
Ray inc products and services in Canada and the United States of America.
This site is controlled and operated by Serena Ray Inc from its offices
in Canada. Serena Ray Inc makes no representation that any of the
materials contained in serenaray.com web site are appropriate or available
for use in other locations. Those who choose to access this site from
other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are
applicable.
This agreement shall be governed by and construed in accordance with
the laws of Ontario, Canada and the parties hereby attorn to the jurisdiction
of the courts of Ontario. Any provisions of this agreement which are
or may be rendered invalid, unenforceable or illegal, shall be ineffective
only to the extent of such invalidity, unenforceability or illegality,
without affecting the validity, enforceability or legality of the
remaining provisions of this Agreement. This agreement constitutes
the entire agreement between the parties pertaining to the subject
matter hereof and supersedes all prior and contemporaneous agreements,
understandings, negotiations and discussions, whether oral or written,
of the parties.
Privacy
Serena Ray Inc appreciates and respects the privacy concerns of the
visitors to its web site. As a general policy, no personal information
is automatically collected from customers visiting this web site.
However, certain information is recorded as a matter of course by
Serena Ray Inc servers in order to track the number of visitors to
the web site and to help provide an enhanced online experience for
the visitor. The type of information tracked by our servers includes
the browser and operating system in use by the visitor and the domain
name of the visitorâs Internet service Provider. Collecting this information
allows Serena Ray Inc to optimize the visitorâs web site experience.
E mail addresses and other personally identifiable data about visitors
to this site are known to Serena Ray Inc only if and when voluntarily
submitted by the visitor. All personal information collected by Serena
Ray Inc is retained by Serena Ray Inc and not sold or otherwise provided
to third parties. Serena Ray Inc sometimes uses email addresses and
other personally identifiable information to communicate with visitors
who have provided Serena Ray Inc with their email addresses for specific
purposes such as receiving newsletters or other information. Each
newsletter will also contain instructions on how to discontinue receipt
of the newsletter. Visitors should be aware that when they voluntarily
disclose personal information on bulletin boards or in chat areas,
that information can be collected and used by others and may result
in unsolicited messages from other parties.
Many of serenaray.com pages place a ãcookieä in the browser files
of a visitorâs computer. The cookie itself does not contain any personal
information. Although cookies enable Serena Ray Inc to relate a visitorâs
use of serenaray.com to information that the visitor has specifically
and knowingly provided, Serena Ray Inc does not do so for any sites
specifically designed for and aimed at children. Serena Ray Inc believes
that parents should supervise their childrenâs online activities and
should consider using parental control tools available from online
services and software manufacturers that help provide a kid-friendly
online environment. These tools can also prevent children from disclosing
online any personal information without parental permission.
Submissions
By posting/sending a message in the bulletin board/e mail area, you
agree to have that message along with your name posted for public
viewing both here and in other promotional and advertising materials
without compensation. Serena Ray Inc will attempt to post as many
messages as possible, cannot promise to post every submission. All
messages that are posted here represent the opinions of the individuals
or organizations posting those messages, and do not express the ideas
or opinions of Serena Ray Inc. You may copy the posted messages for
personal use, but redistribution in any way requires the permission
of Serena Ray Inc. In consideration of this authorization, you agree
that any copy you make of any message(s) located on this web site
shall retain all copyright and other proprietary notices contained
therein.
In order to maintain an informative and valuable service that meets
the needs of the users of the web site and avoids the harm that can
result from disseminating statements that are false, malicious, in
violation of the rights of others, or otherwise harmful, it is necessary
to establish the following rules to protect against abuse:
You
may not post or transmit any message which is libelous, defamatory
or which discloses private or personal matters concerning any person.
You may not post or transmit any message, file, image or program
which is indecent, obscene or pornographic.
You
may not post or transmit any message, file, image or program that
would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential
proprietary information, and trade marks or service marks used in
an infringing fashion.
You
may not interfere with other usersâ use of the web site.
You
may not post or transmit any message, file, image or program which
contains viruses, worms, Trojan horses or any other contaminating
or destructive agent.
You
may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not Serena Ray Inc intention to discourage
its users from taking controversial positions or expressing vigorously
what may be unpopular views; however. Serena Ray Inc reserves the
right to take such action as it deems appropriate in cases where
the web site is used to disseminate statements which are deeply
and widely offensive and/or harmful.
Any
information provided to Serena Ray Inc shall be provided by the
submitter and received by Serena Ray Inc on a non-confidential basis.
Serena Ray Inc will only accept submissions made by registered users
of Serena Ray Inc. Serena Ray Inc shall be free to use such information
without limitation, restriction or obligation. All submissions,
comments, ideas, and correspondence become the sole property of
Serena Ray Inc.
You
may not post or transmit charity requests, petitions for signatures,
chain letters or letters relating to pyramid schemes. You may not
post or transmit any advertising, promotional materials or any other
solicitation of other users of the web site for goods or services
except in those areas (e.g., a classified bulletin board) that are
designated for such purpose.
You
may not use the facilities and capabilities of the web site to conduct
or solicit the performance of any illegal activity or other activity
which infringes the rights of others.
You
may not post any e-mail or materials that would be considered a
violation of any law. Serena Ray Inc will co-operate fully with
any law enforcement authorities or court order requesting or directing
Serena Ray Inc to disclose the identity of anyone posting any such
e-mail or materials.
You
agree to indemnify Serena Ray Inc and its officers, directors, employees,
agents, distributors and affiliates from and against any and all
third party claims, demands, liabilities, costs, or expenses, including
reasonable legal fees, resulting from your breach of any of the
foregoing provisions.
Submission of Ideas by Users
You agree to grant to Serena Ray Inc a non exclusive, royalty free,
worldwide, perpetual license to reproduce, distribute, transmit,
sublicense, create derivative works of, publicly display, publish
and perform any materials and other information you submit to any
public areas, chat rooms, bulletin boards, newsgroups or forums
of Serena Ray Inc site(s) or which you provide by email or any other
means to Serena Ray Inc and in any media now known or hereafter
developed. Further, you grant to Serena Ray Inc the right to use
your name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against Serena Ray Inc for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to Serena Ray Inc. |