Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

West Ends Kids make available information and other materials on this web site ("Materials"), subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. West Ends Kids reserves the right to change these terms and conditions from time to time at its sole discretion by updating this posting. You should visit this page from time to time to review the then-current terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.

Ownership of Materials

The information on this web site is protected by worldwide copyright laws and treaty provisions: Copyright ® 2007 West End Kids. All Rights Reserved. Except as specifically permitted herein, no Materials on this web site may be reproduced in any form or by any means without prior written permission from West Ends Kids.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this web site are the property of West Ends Kids or other third parties. You are not permitted to use the Marks without the prior written consent of West Ends Kids or such third party which may own the Marks. " West Ends Kids" and the West Ends Kids logo are trademarks of West Ends Kids.

Use of Web Site Materials

Except where otherwise stated on particular pages of this web site, you may view, copy, and print Materials available on this web site subject to the following conditions:

The Materials may be used solely for personal, informational, non-commercial purposes;
The Materials may not be modified or altered in any way;

Any copy of the Materials or portion thereof must include the copyright and any other proprietary notices which accompany or are contained within the Materials. If such Materials or portion thereof are not accompanied by a copyright notice you must include the copyright notice set out above (see "Ownership of Materials"); and West Ends Kids reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from West Ends Kids.

Materials specified above do not include the design or layout of this web site. The design and layout of this web site are protected by copyright, trademark, trade dress and other laws, and may not be copied or imitated in whole or in part.

Warranties, Disclaimers, Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND WEST END KIDS, ALL MATERIAL ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. WEST END KIDS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL WEST END KIDS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, INCLUDING TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WEST END KIDS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS CANNOT AND DO NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. NOR DOES WEST END KIDS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. WEST END KIDS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.

ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK. WEST END KIDS DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.

THIS WEB SITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO WEST END KIDS PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT WEST END KIDS INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES OR PROGRAMS IN YOUR COUNTRY.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Governing Law and Jurisdiction

This web site (excluding linked sites) is controlled by West End Kids from its offices within the Province of Ontario, Canada. By accessing this web site, you and West End Kids agree that all matters relating to your access to, or use of, this web site shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. You and West End Kids also agree and hereby submit to the personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. West End Kids makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Severability

If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the agreement and the other provisions and the remaining part thereof of that provision shall remain in full force and effect.

Benefit of Agreement

These Terms of Use are binding upon and shall enure to the benefit of West End Kids and its subsidiaries, affiliates, and their respective successors and permitted.