Korinek Creative Inc.
Updated: 18 February 2021
The terms “we,” “us,” and “our” in these Terms + Conditions of Use refer to Korinek Creative Inc., owner of the Site.
You may use the Site and our Services for lawful purposes only, and must not in the use of the Site or our Services violate any laws in your jurisdiction. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
2. YOUR PERSONAL INFORMATION
To use the Site or our Services, you must have the requisite power and authority to enter into these Terms + Conditions of Use, and you must be at least 18 years old or the legal age for the consumption of alcohol in your jurisdiction, whichever is older.
3. OUR INTELLECTUAL PROPERTY
The Site contains intellectual property owned by Korinek Creative Inc., including, without limitation, our photographs, the Korinek Creative Inc. logo and the Matt Korinek logo, and all designs, text, graphics, photographs, other files, and the selection and arrangement thereof on the Site or provided through our Services (together, the “Intellectual Property”). All rights, title and interest in any Intellectual Property is and shall remain our exclusive property. We do not waive our moral rights, including the right to the integrity of any copyright works and the right to be associated with any copyright work as its author by name or under a pseudonym.
By using the Site and our Services, you acknowledge and agrees that you may gain access to or become familiar with our Intellectual Property, and you shall:
1. protect and safeguard the confidentiality and ownership of our Intellectual Property;
2. not use our Intellectual Property, or permit it to be accessed or used, for any purpose other than your own personal and non-commercial use, and not in any manner to our detriment; and
3. not disclose, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our Intellectual Property, in whole or in part whether privately or publicly.
You acknowledge and agree that monetary damages would not be a sufficient remedy for any breach or threatened breach by you of these provisions regarding our Intellectual Property. Therefore, in addition to all other remedies we may be entitled to or available at law (which we do not waive by the exercise of any rights under these provisions), we shall be entitled to specific performance and injunctive and other equitable relief as a remedy for any such breach or threatened breach, and you hereby waive any requirement for the showing of actual monetary damages in connection with such claim. You further agree that you will not oppose the granting of such relief on the basis that we have an adequate remedy at law and that you will pay any costs, fees, charges and expenses, including legal fees, that the we may incur in enforcing these provisions relating to our Intellectual Property.
4. THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We make no representations or warranties that the advice and information provided by us, whether on the Site, through our Services or otherwise, (the “Content”) is accurate, complete, reliable, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in all of our Content. By using the Site and our Services, you acknowledge that we do not warrant the accuracy of any Content and we are not liable to you or to any third party for any losses you or any third party may suffer by relying on our Content.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF EITHER $CAD100.00 OR THE TOTAL AMOUNT PAID TO US BY YOU FOR OUR SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
THIS SECTION SETS FORTH OUR SOLE LIABILITY AND ENTIRE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR ANY ACTION THAT IS BROUGHT AGAINST US.
8. RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on the Site or our Services. You hereby release us from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
9. GOVERNING LAW; VENUE; MEDIATION
12. ENTIRE AGREEMENT; WAIVER; HEADINGS