Cumine Enterprises Terms of Use 

Last updated March 4, 2007 

Please read these terms of use carefully before using this Web site The following are terms of a legal agreement between you and Cumine Enterprises (referred to herein as "We"). The following terms and conditions ("Agreement") govern your use of the mysecret-treasurechest.com Web site (the "Site") and the services and goods provided through the Site. By accessing, browsing or using the Site in any manner, you signify your unconditional acceptance of this Agreement. Each time you use the Site you acknowledge that you have read, understood, and agreed to follow and be bound by this Agreement. If you do not agree with any of these terms of use, you may not use the Site. 

CHANGES TO THIS AGREEMENT You may not change, supplement, or amend this Agreement in any manner. We may, in our sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Site. 

PERMITTED USERS AND ACCESS The Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Site may not be used by persons in jurisdictions where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws. 

MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS We endeavour to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, we reserve the right to change the prices, fees and charges regarding the goods and services available through the Site at any time and from time to time without any notice or liability to you or any other person. If you order goods or services for which the price was incorrectly displayed, we will provide you with an opportunity to place an order at the correct price. Also, we cannot guarantee that goods or services advertised on the Site will be available when ordered or thereafter. We reserve the right to limit quantities licensed or sold. We also reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when we send both an order acceptance and shipment notice email to your email address. The order acceptance and shipment notice email constitutes our acceptance of your order. If you wish to cancel an order, you may request a cancellation by sending us an email. However, we may not receive and process your cancellation request before your order is processed, in which case your cancellation request may not be effective. 

NO ADVICE OR SOLICITATION The Site is for convenience and informational purposes only. The Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; advice or recommendations; or an offer to sell or buy any product or service. You should seek professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Site. 

DISCLAIMER We strive to make your use of the Site a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, we do not accept any liability for your use of the Site. For that reason, the following provisions apply to your use of the Site: Your use of the Site is at your own risk. The Site is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by Cumine Enterprises to the fullest extent permitted by law. You (and not Cumine Enterprises) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the Site. The operation of the Site may be affected by numerous factors beyond our control. The operation of the Site may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated. We are under no obligation to verify the identity of users of the Site. Without limiting the generality of the foregoing, we make no representation, warranty or condition that: The Site will be compatible with your computer and related equipment and software; The Site will be available or will function without interruption or will be free of errors or that any errors will be corrected; The information available on or through the Site will be accurate, complete, sequential, or timely; Certain or any results may be obtained through the use of the Site; The use of the Site, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or The use of the Site will not infringe the rights (including intellectual property rights) of any person; and we disclaim any and all liability regarding such matters to the fullest extent permitted by law. 

LIABILITY EXCLUSION We will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Site by you or any other person, and regardless of any negligence or other fault or wrongdoing by Cumine Enterprises or any provider or any person for whom we are responsible, and notwithstanding that we may have been advised of the possibility of such loss or damages being incurred by you or any other person. 

LIABILITY LIMITATION In no event will our total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Cumine Enterprises or any person for whom we are responsible, exceed $25 (cdn) or the amount you paid to Cumine Enterprises for the use of the Site, whichever is less. 

RELEASE You hereby release, remise and forever discharge Cumine Enterprises and all of our respective agents, directors, officers, employees, information Providers, service Providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site. 

INDEMNITY You agree to indemnify, defend and hold harmless Cumine Enterprises and all of our respective agents, directors, officers, employees, information Providers, service Providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Site or your breach of this Agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand. Advice and information provided by Cumine Enterprises or our representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this Agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information. The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement 

LOGIN NAMES AND PASSWORDS Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Cumine Enterprises to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Cumine Enterprises representative. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement. You must immediately notify Cumine Enterprises of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. All login names and passwords remain the property of Cumine Enterprises, and may be canceled or suspended at any time by Cumine Enterprises without any notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any login name or password. The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk. 

TERMINATION OF THIS AGREEMENT AND THE SITE If you breach any provision of this Agreement, you may no longer use the Site. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Site, all without any notice or liability to you or any other person. If this Agreement or your permission to use the Site is terminated by you or Cumine Enterprises for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and your purchases of goods and services through the Site and anything connected with, relating to or arising from those matters. 

INFORMATION SUBMISSIONS All information you provide through the Site, including registration information (name and email address) and transaction-related information, must be true, accurate, current and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Cumine Enterprises or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. 

OWNERSHIP AND PERMITTED USE OF THE SITE The Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Site are the property of Cumine Enterprises and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content. You may only use the Site in the manner described specifically in this Agreement. The Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Cumine Enterprises. You may not use any of the software that is used in the operation of the Site except while you are using the Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Site (including the software used in the operation of the Site) or access to the Site. The Site is made available to you for your lawful use only. You may access and browse the Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Site for your personal use provided that you do not modify any of the Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. 

PERSONAL INFORMATION PRIVACY We collect, use, and disclose your personal information in accordance with our Privacy Policy. We may change the Privacy Policy from time to time in our sole discretion. By accepting this Agreement, and each time you use the Site, you consent to our collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person. 

OTHER SITES The Site may include advertisements for, and links to, other Sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Cumine Enterprises, and we have no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. We do not sponsor or endorse any Other Sites or their content or the goods or services available through those other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Cumine Enterprises arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Cumine Enterprises, the provisions of this Agreement under the sections Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content. 

UNSOLICITED SUBMISSIONS We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Cumine Enterprises or the Site. If you send Submissions to Cumine Enterprises or the Site you automatically grant (or warrant that the owner of the Submissions grants) to Cumine Enterprises and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Cumine Enterprises or our assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Cumine Enterprises and our assigns. 

CONTESTS From time to time we may make contests available to users of the Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Site, you signify your Agreement and acceptance of this Agreement and the applicable Contest Rules. 

GOVERNING LAW AND  DISPUTE RESOLUTION The Site is controlled by Cumine Enterprises from within the Province of Ontario, Canada. This Agreement, your use of the Site, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Cumine Enterprises and you or any other person arising from, connected with or relating to the Site, this Agreement or any related matters must be resolved in the Courts of the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary. 

OTHER MATTERS If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will enure to the benefit of and be binding upon each of Cumine Enterprises and our respective successors and assigns and related persons, including without limitation Cumine Enterprises, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Cumine Enterprises, which may be withheld in Cumine Enterprises' sole discretion. We may assign this Agreement and our rights and obligations under this Agreement without your consent. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. You and Cumine Enterprises are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Site. Any rights not expressly granted by this Agreement are reserved to Cumine Enterprises. This Agreement is subject to change without notice. © 2006 Cumine Enterprises