Terms of Use

LAST UPDATE TO THE TERMS OF USE: 9th MAY, 2020. 

  1. INTRODUCTION

Thank you for selecting aimeestricker.com, (referred to as “Site”, “Aimee Stricker”, “we”, “our”, or “us”). Please read these Terms of Use (“Terms”) carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and its associated services (the “Agreement”).

  1. USE CONSTITUTES ACCEPTANCE

By accessing the Site or registering as a user or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.

  1. SCOPE

These Terms govern your use of the Site and its associated and services including communications, content, updates and new releases, (collectively, the “Services”). It includes by reference the Site’s Privacy Policy. All of the Site and Services are within the scope of this Agreement.

  1. PROTECTION OF MINORS

You must be 13 years or older to use the Site or any Service. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.

  1. NO DUTY TO MONITOR

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

  1. CHANGES TO AIMEE STRICKER

We may discontinue or change any Site content, service, function or feature at any time with or without notice.

  1. THIRD PARTIES AND EXTERNAL LINKS

This Site provides links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources.  If you decide to access any third party websites linked to this Site you do so entirely at your own risk.

  1. COOKIES

Cookies are small data files that your browser places on your computer or device.  Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting the Divine Decluttering Site.

Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.

You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.

  1. OWNERSHIP AND INTELLECTUAL PROPERTY

9.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trade-marks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Divine Decluttering.

9.2 License to Host Your Content: In these Terms, “your content” means all works and materials (including but not limited to text, images, documents, graphics, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to our Site and Services and any successor websites or services and publish your content on and in relation to our Site and Services.

Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.

9.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services.

You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site.

9.4 Copyright Infringing Content: We will act expeditiously to remove content as soon as we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us by email to info@aimeestricker.com with the following information:

  • The name and address of the complaining party.
  • A description of the infringing materials and their Internet location, usually the URL.
  • Sufficient information to identify the copyrighted works.
  • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
  • A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.

 

  1. PERSONAL INFORMATION AND PRIVACY

The Privacy Policy is provided on this Site. You agree to our Privacy Policy, and to any changes published by us. You agree that we may use and maintain your data according to the Privacy Policy as part of the Services.

  1. YOUR CONTENTS

19.1 Your Content: You agree that we may use your articles and all other uploaded content, including but not limited to advertisements, reviews. text, video, audio, images, code and documents, and comments in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in any way. 

19.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

19.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that is or which encourages conduct that constitutes a criminal offence or results in civil liability.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person’s use or enjoyment of the Site.
  • Breaching any laws concerning the use of public telecommunications networks.
  • Interfering or disrupting networks or websites connected to the Site.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  • Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.

19.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.

  1. WARRANTIES AND DISCLAIMERS

We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

  1. LIMITATIONS OF LIABILITY

You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

  1. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that:

  • This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
  • All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
  1. INDEMNIFICATION You agree to indemnify and hold harmless aimeestricker.com and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Aimeestricker.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by aimeestricker.com in the defence of any claims.
  1. JURISDICTION LIMITATIONS

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

  1. TERMINATION

Aimee Stricker reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.

  1. INTERNATIONAL USE

We make no representation that content on this Site is appropriate or available for use in locations outside Canada. If you choose to access this Site from a location outside Canada, you do so on your own initiative and you are responsible for compliance with local laws.

  1. BREACHES OF THIS AGREEMENT

If you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

  • Delete or block access to some or all of your content in our sole discretion
  • Send you one or more formal warnings
  • Temporarily suspend your access to the Site/Services
  • Permanently prohibit you from accessing the Site/Services
  • Block computers using your IP address from accessing the Site/Services
  • Contact any or all your Internet service providers (ISPs) and request that they block your access to the Site/Services
  • Commence legal action against you, whether for breach of contract or otherwise.
  1. GENERAL PROVISIONS

20.1 Entire Agreement: This Agreement incorporates by reference our Privacy Policy which collectively with this Agreement contain the entire understanding between the Parties and supersede all prior representations, agreements, statement and understandings, either verbal or in writing.

20.2 Governing Law:  You agree that the laws of the Province of Ontario govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Province of Ontario, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE PROVINCE OF ONTARIO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; and (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

20.3 Relationship of Parties: Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.

20.4 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.

20.5 Amendment: You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties. We may amend this Agreement at any time without notice. The date of last modification is stated at the beginning and at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

20.6 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.

20.7 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us at info@divinedecluttering.ca.

20.8 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.

20.9 Severability:  If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.

0.10 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.

20.11 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.

20.12 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.

LAST UPDATE TO THE TERMS AND CONDITIONS: 1st OCTOBER, 2018

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