The present document sets forth the terms of use for the Kuddly Doo Web site and any other internet site by Kuddly Doo Inc. (collectively and individually the ‘‘Web site’’). All users of the Web site are deemed to have read, accepted and understood the conditions outlined below, and consequently agree to respect and be bound by said conditions. If a user of the website does not accept the terms of use, said user must immediately cease to use the Web site. Kuddly Doo Inc. (« Kuddly Doo ») may, at any moment and without notice, modify the terms of use. The users of the Web site are asked to verify the terms of use regularly for modifications. Users are deemed to have accepted the modifications to the terms of use if they continue to use the Web site after the modifications have been published.

The present terms of use constitute the entirety of the rights and obligations between Kuddly Doo and any user of the Web site, and replace any previous condition or provision regarding the use of the Web site. No verbal or written declaration from an employee or manager of Kuddly Doo, or any other person, can have the effect of modifying or substituting the present terms of use.

The Web site is managed and fed by a computer located in the province of Quebec, Canada. The content and use of the Web site is governed by the laws in force in the province of Quebec and in Canada. The present terms of use, as well as any conflict or dispute resulting from their application, must be interpreted according to these laws. In the event that any part of the present terms of use contradict a law, void or unenforceable, this part is deemed severable from the present terms of use and will not affect the validity and executory character of the terms of use, which will thus be interpreted without reference to the severed part. Any dispute arising from or related to the use of the Web site or to the present terms of sale will be submitted to the exclusive jurisdiction of the courts of the province of Quebec or a federal Canadian court, regardless of the potential application of conflict of law principles.

Copyright

All items, text, illustrations, images, photographs, information, audio clips, video clips, programs and codes available on the Web site (the ‘‘Content’’), including their arrangement and compilation, are protected by Canadian and foreign laws, notably copyright, and belong to Kuddly Doo, its affiliated entities, to its licensors or to the person recognized as the supplier of the content.

The user agrees to respect the entirety of other proprietary notices, information or restrictions regarding or within the Content to which the user may gain access via the website. Kuddly Doo confers upon the user a non-exclusive and non-transferrable licence to use and advertise the Web site on the user’s computer or on another electronic device solely for the purpose of representation on a single-user screen and reproduction, in a single specimen, for backup copy or pulling on paper, as long as the user does not modify the Content and conserves the copyright notices. The modification, reproduction, copying, distribution, transmission, dissemination, representation, sharing, commercialization, advertising, licencing, downloading, creation of derived works, displaying online, sale or any exploitation of the Web site or Content, including, notably, by way of conservation in a cache server, cropping or other similar method, are prohibited. Furthermore, you are prohibited from modifying in any way any document printed from the Web site.

All programs incorporated in or found on the Web site, including, notably, any source code, and the entirety of files or images contained or generated by these programs, are protected by copyright and may be protected by other laws. All of these programs belong to Kuddly Doo, its affiliated entities and its licensors.

Nothing contained on the Web site shall be construed as granting the user a right, title, an interest or other licence in the programs incorporated on the Web site or downloadable from the Web site, including, notably, any right regarding intellectual property in the programs. 

Trademarks

Kuddly Doo is a Kuddly Doo Inc’s trademarks. Other names, words, advertising slogans, titles, phrases, logos, designs, graphics, images, icons and brands displayed on the Web site constitute trademarks of Kuddly Doo or of a third party. Nothing contained on the website shall be construed so as to confer to any party a licence or usage rights for any logo, design, or brand belonging to Kuddly Doo or to a third party.

Submissions 

Subject to the terms of Kuddly Doo’s Privacy Policy Regarding the Use of the Web site, which takes precedence when the user submits messages, data, texts, photographs, images and other material to Kuddly Doo, the user confers to Kuddly Doo a worldwide, non-exclusive, irrevocable, perpetual and royalty-free licence to i) use, reproduce, store, adapt, translate, modify, create derived works from, transmit, distribute or render available to the public this content for any purpose; and ii) to concede a sub-licence to a third party to exercise to infinity any of the aforementioned rights.

Beyond the aforementioned concession of licence, and according to the terms of Kuddly Doo’s Privacy Policy Regarding the Use of the Web site which take precedence, the user hereby: i) waives any moral right to the content; ii) allows his or her name and address to appear for the content, where necessary, as well as when disseminating or posting this information; iii) recognizes and agrees that Kuddly Doo cannot be deemed responsible for any loss, damage or corruption of the user’s content; and iv) recognizes and agrees that any presentation he or she makes for the purposes of appearing on the Web site or he or she submits to Kuddly Doo will be considered non-confidential.

The user declares and guarantees to Kuddly Doo that: i) his or her content is original; ii) his or her content does not violate any law regarding intellectual property, including, notably, copyright; iii) he or she is the only owner of all intellectual property rights, including, notably, copyright, regarding his or her content, or, when necessary, he or she has obtained written permission from the owner to submit his or her content; iv) his or her content does not violate any of the third party’s privacy or publicity laws; v) his or her content is truthful, exact, up-to-date and complete to the best of his or her knowledge; vi) his or her content is not illegal; vii) his or her content does not contain defamatory or insulting remarks.

Kuddly Doo is under no obligation to verify the content appearing or being exchanged on its Web site. The user nonetheless recognizes that Kuddly Doo may at any time verify said contents notably to comply with laws, regulations, decrees or requests from authorities, to ensure the proper functioning of its Web site or for any other reason. Kuddly Doo reserves the right to modify, refuse or delete any content appearing or being exchanged on its website if Kuddly Doo considers, by its own discretion, that the content violates the present terms of use.

Integrity and accuracy of the information and access to the Web site

Kuddly Doo seeks to ensure that the information and Content available on its Web site is complete, exact and up-to-date. This information and the Content comes from sources deemed faithful by Kuddly Doo, and is regularly updated. It may nonetheless contain inaccuracies, omissions, or typographical and other errors. These errors may relate to the prices, descriptions or availability of products. All images, text, and prices indicated on the Web site are based on the most recent information at the time of being placed on the Web site. Although Kuddly Doo tries to ensure the product colours presented online are as accurate as possible, Kuddly Doo cannot guarantee that the colour will be exactly that of the product.

As a result, the Web site and the integrity of its Content are presented to users ‘‘as-is’’, without any kind of guarantee, explicit or implicit.

Without limiting the generality of the foregoing, Kuddly Doo provides no guarantee regarding the availability or stability of the Web site Content, regarding accessing it, the absence of viruses or the precision, reliability, accuracy, integrity, comprehensiveness, the rendering or the adaptation to a particular user, of the information being offered, including that relating to Kuddly Doo partners, or to the availability of the products and services described. The user is asked to note that the Web site is the subject of regular technical maintenance operations, which may limit or hinder access on a temporary or prolonged basis.

The Web site is accessible by way of internet and in standard internet format. Kuddly Doo reserves the right to modify these formats at any time and it is incumbent upon the user to obtain internet access at his or her own cost, as well as any programs required to access the Web site. Kuddly Doo reserves the right to correct any error or change to the Content without prior notice. Kuddly Doo has full discretion, above and beyond all others rights and recourses at its disposal, without liability, to, in any way, at any time and without prior notice, interrupt or restrict access to any element of its Web site.

Kuddly Doo reserves the right to change the displayed prices at any time and without prior notice. Taxes and delivery fees are not included in the displayed prices. All prices displayed are in Canadian dollars. Despite Kuddly Doo’s efforts to be as precise as possible, the price of a product appearing on the Web site may be inaccurate. If the product price advertised on the Web site is determined to be inaccurate, Kuddly Doo reserves the right to either change the price or cancel a purchase made on its Web site, at its own discretion.

Disclaimer

Use of the Web site is at the risk of the user. Kuddly Doo, host of the Web site, and its affiliated entities, partners or licensors are under no circumstances responsible for direct or indirect damages, including but not limited to, loss of revenue, clients or data, due to the use or the incapacity to use or access the Web site or the Content or to the elements to which these provide access. This limitation applies, contractually or non-contractually, even if Kuddly Doo had been advised of such damage.

Compensation

Upon request, the user agrees to compensate and save harmless Kuddly Doo, its affiliated entities, partners, affiliates or licence contractors as well as their employees, contractors, agents or managers, in the event they are held liable, as well as for any claims and fees (including extrajudicial honorary fees for legal advisors) arising from the use or errors in the use of the Web site. Where possible, the user accepts to cooperate with Kuddly Doo in its defense in any matter in which the user must provide compensation.

Hyperlinks to Third Party Sites

The Web site may contain hyperlinks leading to Third Party Sites (‘‘Third Party Sites”) which will force the user to leave the Web site. Kuddly Doo provides these hyperlinks for convenience purposes. Third Party Sites are not under the control of Kuddly Doo and hyperlinks cannot be interpreted as an approval or endorsement of their content by Kuddly Doo. Kuddly Doo is not responsible for the content of Third Party Sites, the links they contain or changes or updates made to them, and Kuddly Doo provides no guarantee in their regard.

Hyperlinks to the Web site

Kuddly Doo accepts hyperlinks to the Web site. Nonetheless, it does not wish to be linked to any third party site: i) that contains Content constituting or encouraging behaviour that will constitute a criminal or penal infraction, will lead to civil liability or will otherwise violate any municipal, provincial, national or international legislation or regulation, will be susceptible to harm the activities, credibility or integrity of Kuddly Doo and which contains, displays or transfers any material or information which oversteps the ethical or legal standards of Canadian society; or ii) which contains, displays or transfers any information, program or other material which violates or infringes the rights of others, including of the material which constitutes harm to the private life or privacy protection rights, or which is protected by copyright, trademark or other property right. Kuddly Doo reserves the right to prohibit or refuse to accept a link to the Web site, by its own discretion, at any time. The user agrees to remove any link he or she may have leading to the Web site, upon Kuddly Doo’s request.

Cancellation

Kuddly Doo reserves the right, at its sole discretion, to terminate access, in full or in part, to its Web site, with or without prior notice, notably in the case of a failure to respect the present terms of use.

Confidentiality

Kuddly Doo’s Privacy Policy Regarding the Use of the Web site, the content of which is accessible on the Web site, is considered to be an integral part of the present terms of use.