TERMS AND CONDITIONS

Updated: May 14, 2019

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the www.chrysalisbooks.ca (Chrysalis Books) website (the "Service") operated by Jozef Borovsky ("I", "me", "us", "we", or "our"). Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Content

The Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant me the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for me to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that:

(i) The Content is yours (you own it) or you have the right to use it and grant me the rights and license as provided in these Terms; and
(ii) The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

The Service reserves all rights to block or remove communications or materials deemed to be:

(a) Abusive, defamatory, or obscene;
(b) Fraudulent, deceptive, or misleading;
(c) In violation of a copyright, trademark or, other intellectual property right of another or; and
(d) Offensive or otherwise unacceptable to the us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

Accounts

MEMBERSHIP: This service grants you access to view private site content, as well as the ability to participate in contributing your own content to the site where applicable, such as posting comments. When you create a free membership account with the Service, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are accountable for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with this Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use, as a username, the name of another person or entity or that is not lawfully available to use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of admin@chrysalisbooks.ca and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Copyright Monitoring

All content, including images are covered under the copyright of this Service and/or their rightful owners. Some images are used in accordance with a third party commercial license. You are prohibited from linking to, downloading, or reusing any images or content at any time without written authorization from us. Unfortunately, theft of intellectual property on the Internet has reached epidemic proportions. Therefore, this Service is actively protected and monitored against intellectual property theft. All images are protected with both visible, invisible, and traceable embedded watermarks. Embedded watermarks cannot be removed.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of Chrysalis Books and are protected by copyright, trademarks, database and other intellectual property rights. Unless otherwise specified, you may not copy, display, download or print any material from the Service for for any reason without written permission as it may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Chrysalis Books or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by Chrysalis Books. Chrysalis Books has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Chrysalis Books shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.

If you wish to terminate your membership account, you may either:

(a) Simply discontinue using the Service; or
(b) If you are a subscribed member and your account is in good standing, you may request in writing the termination of your account. You also have the right to request in writing the deletion of all your personal data retained by the Service at that time.

Indemnification

You agree to indemnify, defend and hold harmless Chrysalis Books, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands. These include but are not limited to:

(a) Legal and accounting fees resulting from your use of the Service;
(b) Your breach of any of these Terms;
(c) Anything you post on or upload to the Service; and
(d) Any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

Chrysalis Books, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from:

(i) Your access to or use of the Service;
(ii) Your inability to access or use the Service;
(iii) Any conduct or content of any third-party on or related to the Service;
(iv) Any content obtained from or through the Service; and
(v) The unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

Chrysalis Books makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. Chrysalis Books its subsidiaries, affiliates, and its licensors do not warrant that:

(a) The Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected;
(b) The Service is free of viruses or other harmful components; or
(d) The results of using the Service will meet your requirements.

If you breach any of these Terms and Chrysalis Books chooses not to immediately act, or chooses not to act at all, Chrysalis Books will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Chrysalis Books does not waive any of its rights. Chrysalis Books shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Privacy

Please read our Privacy Policy. The Privacy Policy is an addendum to the Terms and Conditions.

Cookies

Please read our Cookies Policy. The Cookies Policy is an addendum to the Terms and Conditions.

Contact Us

If you have any questions about these Terms, please contact us.