Terms of use agreement

TERMS OF USE OF USE

 

PLEASE READ THESE TERMS OF USE AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 

By accessing and browsing this site (https://melaylaincblog.wordpress.com/) (the “Site”), you accept and agree to be bound by these Terms of Use and conditions of use (“Terms of Use”). If you do not agree to these Terms of Use, you may not have full access to this Site. Except where stated otherwise, the Terms of Use “melaylaincblog.wordpress.com” and “Melayla Inc.” used on the Site shall be deemed to include Melayla Inc. and its affiliates, subsidiaries, successors and assigns.

 

Melayla Inc. reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time and from time to time. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes.

 

  1. RESTRICTIONS ON USE OF MATERIALS

 

Melayla Inc. owns and operates the Site. “Mmelaylaincblog.wordpress.com” and the Melayla logo are copyrights owned by Melayla Inc. Other registered trade-marks, trade-marks, related words, brand names, domain names and logos which are the property of Melayla Inc. may appear from time to time on the Site. All other trade-marks, product names and company names or logos cited herein which are not the property of Melayla Inc. are the property of their respective owners. Except as otherwise expressly authorized herein or in writing in advance by Melayla Inc., you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of this Site or the logo are copyrights owned by Melayla Inc.

 

Subject to these Terms of Use and any other Terms of Use and conditions on this Site, Melayla Inc. hereby grants to you the non-exclusive right to use the Site and download, install, reproduce, use and disclose the contents of the files or other media provided on the Site that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way; (iii) no copy is made of any Melayla Inc. trademark or logo apart from the page on which it appears; (iv) any copy of any portion of the material must include the copyright notice appearing on the Site; and (v) any copy of a Melayla Inc. trademark or logo may not be used in any manner that is likely cause confusion among customers or potential customers of Melayla Inc., or in any manner that disparages or discredits Melayla Inc. You do not acquire any right, title or interest in such content by virtue of accessing this Site or making use of the permitted uses allowed under these Terms of Use.

 

  1. REVIEW OF MATERIALS POSTED ON OR SUBMITTED TO SITE

Melayla Inc. is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the Site. Melayla Inc. does not and cannot monitor all information or materials posted on, submitted to or transmitted through the Site. However, Melayla Inc. reserves the right to delete, block and remove any information or materials that Melayla Inc., in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Melayla Inc. If notified of any such information or materials on the Site, Melayla Inc. may determine in its sole discretion whether to remove such content from the Site.

  1. USER SUBMISSIONS

 

Melayla Inc. does not accept ideas, suggestions, information, data, comments ideas, concepts, know-how or techniques, images, graphics, video, content and other materials, including without limitation feedback data such as images, questions, comments and suggestions regarding the content or any portion of this Site, (collectively, “Submissions”), under any obligations of any kind, either expressed or implied. If you send us any Submissions, you agree that there is no confidential relationship with respect to such Submissions, such Submissions shall be deemed to be non-confidential, and that Melayla Inc. has no obligation to you of any kind in connection therewith. You expressly disclaim and waive all rights in any such Submissions. Furthermore, you represent that you are free to disclose such Submissions, and that no other party has any rights in the Submissions. Melayla Inc. shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose and distribute the Submissions to others without limitation and for no consideration, for any purpose whatsoever including but not limited to developing and marketing products which incorporate such information. You agree to grant melaylaincblog.wordpress.com a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such Submissions.

 

  1. ACCURACY OF INFORMATION YOU SUBMIT

 

You may be permitted to or asked to submit information to the Site. You expressly represent and warrant: (a) that you have the authority to provide Melayla Inc. with all such information; (b) that all such information may be used by Melayla Inc. for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete, incomplete or provided without such authority, we may terminate your use of the Site.

 

  1. SECURITY AND PRIVACY

 

Melayla Inc. strives at all times to protect the security and privacy of any information you provide over the Internet to Melayla Inc. However, because of the inherent nature of the Internet, Melayla Inc. cannot guarantee that this information will not be improperly accessed or used by third parties. You are submitting this information over the Internet to Melayla Inc. at your own risk. For further information please refer to the Privacy section of this Site.

 

Melayla Inc. reserves the right to monitor the site and to disclose any information recorded or posted on, submitted to or transmitted through the Site to the extent Melayla Inc., in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the Site, or (iii) to protect the rights or property of Melayla Inc.

 

  1. USAGE BY MINORS

 

Because of the nature of the Internet, Melayla Inc. cannot prohibit minors from visiting this site. Melayla Inc. must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Melayla Inc. requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to Melayla Inc. be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental approval.

 

  1. UNAUTHORIZED USE OR ACCESS

 

Unless otherwise expressly authorized in these Terms of Use or on the Site, you may not take any action to interfere with the Site or any other user’s use of the Site or decompile, reverse engineer or disassemble any content or other products or processes accessible through the Site, nor insert any code or product or manipulate the Site in any way that affects any user’s experience. While using Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section.

 

You may not (and you expressly agree that you will not) do any of the following which will violate these Terms of Use:

 

  • Post, transmit, or otherwise make available, through or in connection with the Site:
  • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
  • Any material, non-public information about a company without the proper authorization to do so.
  • Use the Site for any fraudulent or unlawful purpose.
  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site.
  • Impersonate any person or entity, including without limitation any representative of Melayla Inc.; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
  • Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without Melayla Inc.’s express prior written consent.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. Remove any patent, copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  • Frame or mirror any part of the Site without Melayla Inc.’s express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site.

 

Additionally, you acknowledge and agree that you (and not Melayla Inc.) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

 

  1. PRODUCT INFORMATION

 

We cannot guarantee the availability of any products or items described on the Site and some may not be available at all melaylaincblog.wordpress.com locations or at all due to space limitations, unavailability of supply or for other reasons. All prices shown are before any applicable tax. Melayla Inc. reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.

 

While Melayla Inc. strives to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained in this Site and any information included is subject to change by Melayla Inc. at any time. Without limiting the generality of any other Terms of Use and conditions on this Site, Melayla Inc. does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product.

 

  1. DISCLAIMER REGARDING HEALTH INFORMATION

 

Melayla Inc. does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any medical or health information posted or otherwise available on or through access to the Site. Melayla Inc. is not responsible for the content of any linked pages, or any other sites linked to the Site and Melayla Inc. assumes no liability or responsibility arising from the contents of any off-site pages or sites. The information provided by Melayla Inc. on the Site are for informational purposes only and in summary form intended to provide general consumer understanding and knowledge of health care topics and Melayla Inc. is not responsible and shall not be liable to you or anyone else for any action or decision taken in reliance upon the information contained in the Site. You are responsible to review and understand all package and package insert information concerning products purchased from Melayla Inc. The information provided on the Site is not intended to be used as a substitute for professional medical diagnosis or treatment.

 

The information is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the information without seeking the advice of a professional. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY THE PRODUCT. ALWAYS CONSULT YOU OWN PHYSICIAN FOR ADVICE AND TREATMENT.

 

  1. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

 

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

 

THE SITE, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS” BASIS. MELAYLA INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO THE SITE, ITS CONTENTS (INCLUDING WITHOUT LIMITATION PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES. MELAYLA INC. DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE MELAYLA INC. INCLUDES LINKS TO OTHER WEBSITES THAT MELAYLA INC. HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST MELAYLA INC. WITH RESPECT TO SUCH WEBSITES.

 

NONE OF MELAYLA INC. OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF USER DATA, PROGRAMS, INCOME OR PROFIT, LOST OPPORTUNITIES, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM LIABILITY OF MELAYLA INC. FOR ANY REASON, WHETHER IN CONTRACT, IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL, COLLECTIVELY, BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM MELAYLA INC. ON THIS SITE.

 

  1. INDEMNITY

 

You agree to defend, hold harmless and indemnify Melayla Inc. and its respective officers, directors, employees, consultants, agents, shareholders, licensors, sponsors and representatives from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in anyway connected with: (i) any breach by you of these Terms of Use; and (ii) your use of the content or services available on this Site in any unauthorized manner.

 

  1. TERMINATION OF ACCESS

 

These Terms of Use are in effect until terminated by Melayla Inc. In addition to any right or remedy that may be available to Melayla Inc. under applicable law, Melayla Inc. may suspend, limit or terminate all or a portion of your access to the Site, and/or your rights to use any of the content, at any time with or without notice and with or without cause, including without limitation, if Melayla Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site will immediately cease. In addition, Melayla Inc. may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Melayla Inc. shall not be liable to you or any third party for any termination of your access to the Site. Sections 1, 3, 9-15 shall survive any expiration or termination of these Terms of Use.

 

  1. GOVERNING LAW AND JURISDICTION

 

The Site is controlled by Melayla Inc. from its office within the Province of Ontario, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Ontario, Canada, by accessing this Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principles thereof. You hereby expressly consent to the exclusive jurisdiction and venue in the courts in the Province of Ontario and waive any jurisdictional, venue or inconvenient forum objections to such courts. You are responsible for complying with your own local laws.

 

  1. WAIVER; REMEDIES

 

The failure of Melayla Inc. to partially or fully exercise any rights or the waiver of Melayla Inc. of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Melayla Inc. or be deemed a waiver by Melayla Inc. of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Melayla Inc. under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Melayla Inc.’s right to exercise any other right or remedy.

 

  1. GENERAL

 

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. The Terms of Use on the Site constitute the entire agreement between you and Melayla Inc. governing your use of the Site. You agree to review this agreement prior to your use of the Site and your use of this Site shall be deemed acceptance of an assent to this agreement by you. You may also be subject to other Terms of Use and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

  1. CONTACT US

 

Should you have any questions regarding these Terms of Use, please submit them to melaylainc@yahoo.com. Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to melaylainc@yahoo.com. You may also contact us by writing to:

 

Melayla Inc.

Toronto, Ontario

M5S 2R4

 

Attention: Privacy Officer

 

  1. MISCELLANEOUS

 

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Melayla Inc. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.