Terms and Conditions of Use
Welcome to www.dltk-kids.com, a group of websites (the "Sites") owned and operated by DLTK's Inc. ("DLTK"). The Sites or any product or service offered on the Sites (collectively the "Services") are provided by DLTK, conditional on your acceptance of the terms and conditions of use set out below (the "Terms and Conditions of Use"). Your use of the Sites shall constitute your binding acceptance of the Terms and Conditions of Use.
DLTK reserves the right to modify or amend the Terms and Conditions of Use without notice at any time. As such, it is important that the Terms and Conditions of Use be read on a regular basis so that you are aware of any such changes.
By accessing any part of the Sites, you agree to be bound by these Terms and Conditions of Use.
1. Copyright and Trade-marks (also see copyright notice)
The Sites and the Content are protected as a collective work pursuant to Canadian copyright laws, international conventions, and other copyright laws. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Content. Subject to your compliance with these Terms and Conditions of Use, you may print and use the Content for your personal, non-commercial use only, provided that you do not change or delete any author attribution, trade-mark, legend, copyright notice, or other proprietary notices. For clarity, the Content may be used by daycares, schools, churches, camps, grandparents, moms, nannies, children, librarians (and yes, even dads!), provided that you do not sell, republish, post, transmit, store or distribute the Content for a commercial purpose. You agree that you cannot download, copy or use the Content for uses other than the permitted uses described above without the express prior, written consent of DLTK and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material.
The DLTK name, logos and slogans are trade-marks and copyrights of DLTK.
2. User Conduct
The Sites are intended to be used for lawful purposes only, and only for purposes relevant to the Content available through the Sites. Without limitation, your use of the Sites is conditioned on your compliance with the guidelines set forth in this section, as well as any rules and guidelines that may be posted on particular sections of the Sites, and any failure to comply with such guidelines may result in termination of your access to the Sites. You acknowledge that DLTK may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to post or transmit any material or content on or through the Sites:
- that violate or infringe in any way upon the rights of others;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- that is protected by copyright, trade-mark, trade secret or any other proprietary right;
- that expresses or implies that any statements you make are endorsed by DLTK, without our prior written consent; or
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offence or otherwise violates any local, provincial, state or federal law.
You may not post or transmit on or through the Sites:
- advertising or commercial solicitations;
- promotional materials relating to other websites or online services which are competitive with DLTK and/or the Sites;
- software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
- political campaign materials; chain letters; mass mailings; spam mail;
- any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their Content; or
- any material, non-public information about a company without the proper authorization to do so.
In connection with your use of the Sites, you may not:
- engage in, or encourage or provide instructional materials relating to, any activity on the Sites that restricts or inhibits any other user from using or enjoying the Sites such as "hacking," "cracking," "spoofing," or defacing any portion of the Sites;
- harvest or collect information about the Sites' visitors without their express consent;
- use the Sites to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
- violate our copyright policy;
- interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available; or violate any requirements, procedures, policies or regulations -of such networks;
- impersonate any person or entity, including any representative of DLTK;
- falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites;
any copyright, trade-mark or other proprietary rights notice from the
Sites or materials originating from the Sites.
3. User Submissions/Ideas Contributed by DLTK Viewers
You may provide comments, including craft suggestions, to DLTK's Inc. By Facebook, by e-mail or otherwise. If you provide comments to DLTK's Inc., DLTK's Inc. shall be entitled, but not in any way obliged to make available all or parts of your comments with unmodified or modified content on the DLTK's Inc. Web Sites. In so doing, DLTK's Inc. Will label the comments, without mentioning your last name, as third party comment or in another appropriate way. DLTK's Inc. will not mention your last name, unless you have expressly agreed otherwise. If you provide comments to DLTK's Inc. You agree to grant DLTK's Inc. All necessary rights, if any, to use, reproduce, distribute, modify, and publicly display your comments on the DLTK's Inc. Website for an unlimited period of time.
At any time, if you wish to have content that you hold the copyright to removed, just let us know and we will do so.
You further agree that you will not, in connection with user contributions, submit material that is contrary to these Terms and Conditions of Use or applicable local, national, and international laws and regulations.
4. Internet Communications
The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. DLTK is not liable for any damages resulting from the transmission, interception or corruption of communications to or from the Sites.
5. Liability Disclaimer
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" AND IN GOOD FAITH BY DLTK. WHILE DLTK WILL USE BEST EFFORTS TO PRESENT CURRENT, ACCURATE AND PERTINENT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO ALL OR ANY PART OF THE SITES OR THE CONTENT AND ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. DLTK DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, NOTHING ON THE SITES CONSTITUTES ADVICE, NOR SHOULD THE SITES, OR ANY PART THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.
USE OF THE SITES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, DLTK HEREBY DISCLAIMS ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, ALL OR ANY PART OF THE SITES OR THE CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.
DLTK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Submission of Ideas and Suggestions
DLTK is always modifying the Sites and developing new features. If you have ideas or suggestions regarding improvements or additions, DLTK would like to hear them, provided any submission will be subject to the Terms and Conditions of Use. Under no circumstance shall any disclosure of any idea or suggestion be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion you are waiving any and all rights that you may have in the idea or suggestion and are representing and warranting to DLTK that the idea or suggestion is wholly original to you, that no one else has any rights in the idea or suggestion and that DLTK is free to implement the idea or suggestion if it so desires, as provided or as modified by DLTK, without obtaining permission or license from any third party.
8. Third Party Sites
The Sites contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by DLTK of the contents of such third-party web sites. DLTK is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
9. Cookies and Web Beacons
To enhance your experience with the Sites, DLTK reserves the right to use "cookies" ("Cookies"). Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell DLTK your e-mail address or other personal information unless you choose to provide this information to DLTK. However, once you choose to furnish the Sites with personal information, this information may be linked to the data stored in the Cookie.
"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page. We may use web beacons on the Sites from time to time for this and other purposes.
10. Changes to Terms and Conditions of Use
DLTK reserves the right to modify, add to, delete from, alter or update the Terms and Conditions of Use (each a "Change") without notice at any time. Any Changes will be posted to this page and it is your responsibility to ensure that you are aware of any such Change from time to time. Changes will become effective 30 days after they are first posted and you will be deemed to have accepted any Changes if you continue to access the Sites after that time. These terms and conditions are dated August 14, 2013.
11. Governing Law
The Terms and Conditions of Use shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to the Terms and Conditions of Use and you agree not to bring any action, suit or proceeding against DLTK, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta.
The Terms and Conditions of Use constitute the entire agreement between you and DLTK with respect to the use of the Sites. DLTK's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions of Use shall not be construed as a waiver of any provision or right of DLTK.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED