The website operated at www.charlottemorganti.com and such other locations as made available from time to time (collectively, the “Website”) and the Content offered therefrom are operated by Charlotte Morganti (“CM”).
“Content” means all materials and content of any type, including, but not limited to, photos, graphics, images, designs, profiles, messages, information, notes, text, music, sound, video, articles, and software.
If you do not agree with this Agreement, do not use this Website.
1. Amendments. CM may, at her sole discretion, change, modify, add, or delete portions of this Agreement from time to time without further notice, and all such amendments will apply to Users on the date the updated Agreement is posted on the Website. Users of the Website should regularly check for amendments to this Agreement. Your continued use of the Website means you accept the amendments.
2. Website Content. Unless otherwise noted, this Website and all Content are protected by the copyright owned by Charlotte Morganti. The Website and its Content are protected by the copyright laws of Canada and other countries. All rights reserved.
The copyright for guest blog posts is owned by the author of the post. Certain other materials are protected by third-party copyrights as specified.
You are responsible for determining whether Content is subject to any copyright, privacy right or other proprietary right.
3. Users’ Rights. This Website and Content are for Users’ personal use only. You have only the limited, personal, non-transferable right to view and to download or copy Content for your personal and non-commercial use, and provided that you keep all copyright or other proprietary notices intact. You acknowledge that CM, and others who provide Content, remain the owners of the Content regardless whether such Content is protected by copyright laws, and that you do not acquire any ownership rights by accessing or downloading Content.
However, you must not, and you agree not to
(a) remove any copyright or other proprietary rights notice from any Content that you obtain through this Website;
(b) alter, modify, distribute, frame, reproduce, republish, display, post, transmit, or sell in any form or by any means, in whole or in part, any Content,
(c) make the Website or Content available to anyone, or permit anyone to access same, or license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Website in any way except in furtherance of your permitted use in accordance with this Agreement,
(d) republish any Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without CM’s prior written permission or the permission of the particular Content owner, as the case may be, or
(e) use any data mining, robot or similar data gathering or extraction methods with respect to any Website or any Content.
4. User Content. Certain areas of the Website (for example, the blog) permit you to submit text and images (“User Content”) to the Website and CM does not claim ownership over any User Content.
By providing any User Content, you
(a) acknowledge that CM has the right to refuse to accept, display, or transmit any User Content in her sole discretion, and to edit or delete a comment that CM in her discretion deems inappropriate, illegal, offensive or harmful, or improperly promotes a business, product or service,
(b) grant CM the worldwide, royalty-free, non-exclusive and irrevocable right and license to use, distribute, reproduce, modify, adapt, perform and publicly display and perform such User Content, and to sub-license the foregoing,
(c) represent and warrant that you have all right, title and interest to grant the above license, your User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, and no User Content contains any libellous, defamatory or otherwise unlawful material, and
(d) agree to indemnify CM and hold her harmless from any claims, losses, damages or expenses incurred by her in respect of any third party claims that your User Content infringes on any other person’s rights (including all of the rights set out in (b) above).
6. Other Uses. Any use of the Website or the Website Content other than as specifically authorized in this Agreement, without CM’s prior written permission, is strictly prohibited and will automatically terminate all licenses granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
7. Third Party Sites and Content. The Website may provide links to other web sites (“Third Party Sites”) as well as Content belonging to or originating from parties other than CM (the “Third Party Content”). CM does not investigate, monitor or check such Third Party Sites and Third Party Content for accuracy, appropriateness, or completeness, and CM is not responsible for any such Third Party Sites or Third Party Content.
The provision of such links is not approval or endorsement by CM of any product, service or information reached thereby. Further, you use the links at your own risk.
8. Copyright Infringement. If you believe that material located on or linked to by the Website violates your copyright, notify CM, who will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
CM may terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of others. In the case of such termination, CM will have no obligation to provide a refund of amounts previously paid by such visitor, if any.
a) CM is not responsible or liable in any manner for any User Content or Third Party Content available on the Website, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Website, is not responsible to monitor any User Content or Third Party Content, and is not responsible for the conduct, whether online or offline, of any User.
b) There is no representation that the Website is appropriate or available for use outside Canada.
c) There is no warranty as to completeness or accuracy of information on the Website. A reference to a product, service or publication is not an endorsement by CM of such item.
d) THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND CM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. CM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. CM DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
10. Limitation of Liability. IN NO EVENT WILL CM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE WEBSITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), EVEN IF CM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CM’s liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to CM for access to the Website during the year in which your cause arose, but in no case will CM’s liability to you exceed $50 Canadian in total.
11. Indemnity. You agree to indemnify and hold Charlotte Morganti harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content and any Third Party Content, your use of the Website, your conduct in connection with the Website or with other Users of the Website, or any violation of (a) this Agreement , (b) any law, or (c) any right of any third party.
12. Submissions. Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (collectively, “Submissions”), provided by you to CM are non-confidential and shall become CM’s sole property, and CM shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. Electronic Communications. When you use the Website or send e-mails to CM, you are communicating with her electronically. You consent to receive communications from CM electronically. She will communicate with you by e-mail to the email address attached to any of your User Content or by posting notices on the Website at-large. You agree that all agreements, notices, disclosures and other communications that she provides you electronically satisfy any legal requirement that such communications be in writing.
15. Governing Law; Venue and Jurisdiction. You agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and CM. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia with respect to any dispute hereunder.