Terms of Service

Last Updated: May 15, 2023

Welcome to Klubnichnaya Kukuruza. These Terms of Service ("Terms") govern your access to and use of klubnichnaya-kukuruza.com (the "Site"), including any content, functionality, and services offered on or through the Site. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

1. Acceptance of Terms

By accessing or using our Site, you confirm that you are at least 16 years of age and that you have read, understood, and agree to be bound by these Terms. If you are accessing or using our Site on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

2. Changes to Terms

We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on our Site. Your continued use of the Site after any changes to these Terms will constitute your acceptance of such changes. We will make reasonable efforts to notify users of material changes to these Terms by posting a notice on our Site.

3. Privacy Policy

Your use of our Site is also governed by our Privacy Policy, which can be found at Privacy Policy. By using our Site, you consent to the data practices described in our Privacy Policy.

4. Intellectual Property Rights

Site Content

Our Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Klubnichnaya Kukuruza, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for your personal, non-commercial use. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our express prior written consent
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Site
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site

Trademarks

The Klubnichnaya Kukuruza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Klubnichnaya Kukuruza or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Site are the trademarks of their respective owners.

5. User Conduct

By using our Site, you agree not to:

• Use our Site in any way that violates any applicable federal, provincial, local, or international law or regulation
• Use our Site to transmit or send unsolicited commercial communications
• Impersonate or attempt to impersonate Klubnichnaya Kukuruza, a Klubnichnaya Kukuruza employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm Klubnichnaya Kukuruza or users of the Site
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site

6. User Contributions

Our Site may contain features that allow users to post, submit, publish, display, or transmit content or materials ("User Contributions"). All User Contributions must comply with the content standards set out in these Terms.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above
• All of your User Contributions do and will comply with these Terms
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Klubnichnaya Kukuruza, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site

7. Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by Klubnichnaya Kukuruza. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Klubnichnaya Kukuruza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER KLUBNICHNAYA KUKURUZA NOR ANY PERSON ASSOCIATED WITH KLUBNICHNAYA KUKURUZA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER KLUBNICHNAYA KUKURUZA NOR ANYONE ASSOCIATED WITH KLUBNICHNAYA KUKURUZA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

9. Limitation of Liability

IN NO EVENT WILL KLUBNICHNAYA KUKURUZA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Klubnichnaya Kukuruza, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the courts of the Province of Ontario. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Waiver and Severability

No waiver by Klubnichnaya Kukuruza of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Klubnichnaya Kukuruza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13. Entire Agreement

These Terms, our Privacy Policy, and any other documents expressly incorporated by reference herein constitute the sole and entire agreement between you and Klubnichnaya Kukuruza regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

14. Contact Information