Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Utonchyonnaya-Sardina ("we," "us" or "our"), concerning your access to and use of the website utonchyonnaya-sardina.com ("Website"). By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website.

2. Intellectual Property Rights

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and Marks are provided on the Website "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations

By using the Website, you represent and warrant that:

1. You have the legal capacity and you agree to comply with these Terms;
2. You are not a minor in the jurisdiction in which you reside;
3. You will not access the Website through automated or non-human means, whether through a bot, script, or otherwise;
4. You will not use the Website for any illegal or unauthorized purpose; and
5. Your use of the Website will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

1. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
3. Use the Website to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features of the Website.
5. Engage in unauthorized framing of or linking to the Website.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
9. Attempt to impersonate another user or person or use the username of another user.
10. Use any information obtained from the Website in order to harass, abuse, or harm another person.
11. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
13. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
15. Delete the copyright or other proprietary rights notice from any Content.
16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
18. Use the Website in a manner inconsistent with any applicable laws or regulations.

5. User-Generated Contributions

The Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Any Contribution you transmit to the Website will be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

6. Contribution License

By posting your Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

7. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Website Management

We reserve the right, but not the obligation, to:

1. Monitor the Website for violations of these Terms;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. In our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. Otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

9. Term and Termination

These Terms shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

11. Governing Law

These Terms and your use of the Website are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

12. Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the provincial and federal courts located in Toronto, Ontario, and you and we hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

13. Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

14. Contact Us

In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at: