Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. CITY MOGULS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by City MOGULS of the contents of such third-party websites. City MOGULS is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While City MOGULS encourages links to the Website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of City MOGULS or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights. City MOGULS reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of City MOGULS.
Please note that information sent or received over the Internet is generally unsecure and City MOGULS cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third-parties of personal or other information.
Any consent by City MOGULS to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with City MOGULS that expressly reference this Agreement, this is the entire agreement between you and City MOGULS relating to the matters contained herein.
All materials displayed or otherwise accessible through the Website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by City MOGULS, its licensors or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CITY MOGULS.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CITY MOGULS, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CITY MOGULS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CITY MOGULS, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF CITY MOGULS HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CITY MOGULS, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF CITY MOGULS OR YOUR FAILURE TO PROTECT YOUR INFORMATION SUBMITTED BY YOU ON THE WEBSITE FOR REGISTRATION WITH THE WEBSITE OR YOUR PASSWORD OR ACCOUNT INFORMATION.
CITY MOGULS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL CITY MOGULS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE CITY MOGULS AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM ARISING FROM MAKING AN ONLINE DONATION OR FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.
The Website may allow you to purchase many different types of products and services online that are provided by City MOGULS (the “Wares and Services”). When ordering Wares and Services on the Website, you must provide complete and accurate personal information which may include your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested.
Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. City MOGULS, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. City MOGULS, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. City MOGULS, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, City MOGULS, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
The Website may allow you to purchase many different types of products and services online that are provided by third parties (the “Third-Party Merchandise”). City MOGULS is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party website hosted by the Website or linked from the Website, the information obtained during your visit to any third-party website and the information that you give, such as your credit card number and contact information, is collected by the third-party website and not by City MOGULS.
You release City MOGULS and its officers, members, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Website or by third-party websites through the Website.
City MOGULS may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website (or any portion thereof). City MOGULS may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
Notice and Procedure for Making Claims of Copyright Infringement
It is the policy of City MOGULS to respond to claims of intellectual property infringement. City MOGULS will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to [email@example.com].
To be effective, the notification of infringement must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Governing Law and Jurisdiction
The Website (excluding linked Websites) is controlled by City MOGULS from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Content Feeds / RSS
City MOGULS may provide content feeds on or through the Website including but not limited to, a selection of headlines, summaries or text blurbs, links to full stories, links to audio/video streams, which are available to users in various formats such as HTML, Really Simple Syndication, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, non-commercial use. You may display, excerpt from, and link to the Content Feeds on your personal website, weblog, or similar application for personal, noncommercial purposes, provided that:
the links redirect the user to the Website when the user clicks on them;
you do not insert any intermediate page, splash page or other content between the links and the applicable Website page;
the use or display does not suggest that City MOGULS promotes or endorses any third party causes, ideas, websites, products or services;
the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted; and
you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal website, weblog or similar application,
you may not redistribute the Content Feed; and
you must provide attribution to City MOGULS by including ” City MOGULS ” in text adjacent to the Content Feed. Any other use of City MOGULS ‘s trade-marks or service marks or of the Content Feeds requires the prior written permission of City MOGULS which may be obtained by emailing [firstname.lastname@example.org].
You agree to remove any link to the Website and/or access to a Content Feed upon the request of City MOGULS.
We only collect information that you voluntarily provide to us with your consent and knowledge. Any information that you may submit for the purpose of searching for events, subscribing to an e-mail or newsletter service or participation in a discussion forum, or other reasons, is used by us to facilitate the service being provided. However, if you decide to make online orders with us for items that we may have for sale from time to time, we may ask for or collect information such as your name, billing and shipping addresses, phone numbers, credit card information, e-mail addresses, or other user registration information in connection with such services. We may also ask for or collect information by completing voluntary surveys or if you choose to make a donation to City MOGULS. We may also obtain, from time to time, information through automatic tracking of IP addresses and browser types for systems administration purposes, in addition to information about the Website, features, links or other data about site browsing and purchasing (“Information”).
Use Of Information
City MOGULS does not sell any Information collected from our users. Information that we collect from forums, surveys or questionnaires or the like that are voluntarily submitted by you and other users, will be used to improve your Website experience. We may send e-mail messages to you from time to time to keep you informed about new developments, or changes to the Website or such things as events or new services available on our Website. Other than the foregoing, and in those cases where we must comply with applicable laws, subpoenas or other legal proceedings, we will not disclose Information to other parties without your prior consent.
We may also use Information to authorize payment, whether through credit card processing gateways or through other payment mechanisms when you make online purchases or orders or donations.