Spotted Canary Website Terms and Conditions
Effective as of: August 17, 2009
Please read these terms carefully before using www.spottedcanary.com. Your use or access of this and other EK Success Brands Web Sites mean you have read, understood and agreed to these terms. Please leave this Web Site and do not use or access this Web Site if you do not agree to the terms set forth herein.
All content included on the Spotted Canary Web Site, including without limitation text, graphics, logos and images, is the property of EK Success Brands (the parent corporation of Spotted Canary) or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on this site is the exclusive property of EK Success Brands and is protected by U.S. and international copyright laws. The user may forward, distribute, and/or photocopy copyrighted materials of EK Success Brands located on the Spotted Canary Web Site only if the entire relevant page or document is unaltered and complete, including all of its headers, footers, disclaimers, and other information. You may not copy these documents to a web site.
EK Success Brands and Spotted Canary are trademarks or registered trademarks of EK Success Brands or its subsidiaries in the United States and other countries. EK Success Brands's trademarks may be used publicly with permission only from EK Success Brands. Fair use of EK Success Brands's trademarks in advertising and promotion of EK Success Brands products requires proper acknowledgement. All other trademarks not owned by EK Success Brands or its subsidiaries that appear on the Spotted Canary Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EK Success Brands or its subsidiaries.
Links to Other Web Sites
This site may contain links to third-party sites. The presence of such third-party links on the Spotted Canary Web Site do not represent an endorsement or recommendation by us of the content or reliability of such sites or the companies or products associated with such sites. Linked sites are not under the control of EK Success Brands, and EK Success Brands is not responsible for the content of any linked site or any link contained in a linked site. If you decide to access any of the linked sites, you do this entirely at your own risk.
Information on Spotted Canary Web Site; Disclaimer of Warranties
We use reasonable efforts to include accurate and up-to-date information on the Spotted Canary Web Site, but we make no warranties or representations of any kind as to its accuracy, currency or completeness. We are not responsible for any errors or omissions contained on the Spotted Canary Web Site and reserve the right to make changes anytime without notice. All information appearing on the Spotted Canary Web Site is provided on an "as is" basis. EK SUCCESS BRANDS AND SPOTTED CANARY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
A "forum" means any message board, chat room, user review forum or other interactive service appearing on any site and includes both public boards and private folders. You must register in accordance with instructions that you will find on the site in order to contribute to any forum and comply with the House Rules or other acceptable use policy. You may not post on any forum, or send to any other forum user or our employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
We are not responsible for material appearing in any forum on the site, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable or that violate policies, these Terms and Conditions or any other agreements between the user and and/or its related entities. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
By posting on the site, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.
You are not entitled to any compensation for any materials you may post on the site
Limitation of Liability
In no event shall EK Success Brands or Spotted Canary be liable for any damages whatsoever. In particular, EK Success Brands or Spotted Canary shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use the Spotted Canary Web Site or any of our products or services. This includes damages arising from use of or in reliance on the documents or information present on the Spotted Canary Web Site, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow limitation of these types of damages, so the above limitation may not apply to you.
The Spotted Canary Web Site is controlled by EK Success Brands from its offices in the United States of America. The Spotted Canary Web Site and its contents are intended to comply with the laws and regulations in the United States. Other countries may have laws and regulatory requirements that differ from those in the United States. All matters relating to your access to, or use of, the Spotted Canary Web Site shall be governed by U.S. federal law or the laws of the State of New Jersey, without regard to its conflict of laws principles. Any legal action or proceeding relating to your access to or use of this site shall be initiated in a state or federal court in the State of New Jersey. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.
Notification of Changes
These terms may be revised over time as new features are added to the Spotted Canary Web Site. We will post all changes to these terms on this page and will indicate at the top of this page effective date of these terms. We therefore encourage you to refer to these terms on an ongoing basis so that you understand our current terms.
EK Success Brands
100 Delawanna Avenue, Suite 700
Clifton, New Jersey 07014
Tel: (973) 458-0092