IMPORTANT! YOUR ACCESS TO THIS WEBSITE AND YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING.  ACCESSING THIS WEBSITE, OR PURCHASING A PRODUCT BY CLICKING THE “I ACCEPT” BUTTON, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT PURCHASE ANY PRODUCT FROM THIS WEBSITE.

This Website Legal Terms and Disclaimer (the “Agreement”) is an agreement between you (“You”) and Naked Coconuts Inc., a company incorporated pursuant to the laws of Canada (“Naked Coconuts”). “We” and “Us” means both You and Naked Coconuts. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.  This electronic Agreement shall be the equivalent of a written paper agreement between Us.

You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail.  If You have an account profile with Naked Coconuts, Naked Coconuts will send You information and documents to the e-mail address in Your account profile on www.nakedcoconuts.com (the “Website”).  You will send information and documents to Naked Coconuts by email to legal@nakedcoconuts.com.

OWNERSHIP AND COPYRIGHT

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Naked Coconuts or its licensors, as the case may be.  The Content is protected by copyright.

Naked Coconuts grants You a personal, non-transferable and non-exclusive license to access and read the Content.

You agree that You will not:

(a)       distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system;

(b)       create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or

(c)        allow any third-party to access the Content.

You give Naked Coconuts a non-exclusive, perpetual worldwide license to use, modify, and copy any content You post on the Website (“User Generated Content” or “UGC”).  You waive all moral rights in any UGC.  You will not post UGC that infringes any copyright or trademark, contains any defamatory statements, includes false or misleading statements, or depicts people without their permission.

PERSONAL INFORMATION

The use by Naked Coconuts of Your personal information is governed by Naked Coconuts’ privacy policy (the “Privacy Policy”) which can be found on www.nakedcoconuts.com. You consent to the collection, use and disclosure of Your personal information in accordance with the terms of the Privacy Policy.

LIMITATIONS ON LIABILITY AND DISCLAIMERS

This website and its Content are not to be construed as a form of promotion or an offer to sell any product or service.

This website may contain links to other sites. Naked Coconuts does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, Naked Coconuts is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Naked Coconuts is affiliated or associated with same.  Naked Coconuts does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.

You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.

The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on this website is not intended to be used as a substitute of any kind for advice given by a physician, pharmacist, or other licensed health-care professional.

IN NO EVENT WILL NAKED COCONUTS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF NAKED COCONUTS OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

Naked Coconuts assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to You. Naked Coconuts is not responsible for any Content that You may find undesirable or objectionable. Naked Coconuts disclaims any liability for unauthorized use or reproduction of any portion of the website.

Accessing the Content from territories where it may be illegal is prohibited.

INDEMNITY

You agree at all times to indemnify, defend and hold harmless Naked Coconuts, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Naked Coconuts directly or indirectly in respect of:

(a)           any UGC You provide on or through this website or which is sent to Naked Coconuts electronically; or

(b)           Your use or misuse of the Content or this website.

TERMINATION

Naked Coconuts may terminate this Agreement for any reason without notice within its sole discretion. Any such termination by Naked Coconuts shall be in addition to and without prejudice to such rights and remedies as may be available to Naked Coconuts, including injunction and other equitable remedies.

Any terms of this Agreement which contemplate survival beyond termination shall survive, except to the extent not permitted by law.

GOVERNING LAW and ATTORNMENT

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.

For the purpose of all legal proceedings this Agreement shall be deemed to have been performed in the Province of British Columbia and the courts of the Province of British Columbia shall have jurisdiction to entertain any action arising under this Agreement. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of British Columbia.

Type of Proceeding

You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Naked Coconuts related to the Content or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Naked Coconuts.

Notices

Every notice that Naked Coconuts is required or permitted to be given or made under this Agreement to You shall be written and shall be made to the email address in Your account profile with www.nakedcoconuts.com. Every notice that You are required or permitted to be given or made under this Agreement to Naked Coconuts shall be written and shall be made to legal@nakedcoconuts.com.  You can contact Naked Coconuts by mail at 927 38th Ave E., Vancouver, B.C., Canada, V5W 1J2.

Amendment

Naked Coconuts reserves the right to change this Agreement at any time.  As a result, Naked Coconuts requests that You read this section from time to time in order to be informed of possible changes in this Agreement.  Each time the Agreement is modified, the date of the Agreement will be updated to reflect that changes were made.  Naked Coconuts will provide you with at least 30 days notice before the update takes effect.  In addition to modifying the date, Naked Coconuts will post all updates to this Agreement on the “Policy Updates” page of the website.

Severability

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

 

Last modified: January 18, 2013

 

© Naked Coconuts Inc., 2013, Canada.