This Agreement was last modified on January 31, 2014.
Please read these Terms of Service completely before using akashasden.com which is owned and operated by Akasha’s Den. This Agreement documents the legally binding terms and conditions attached to the use of the Site at akashasden.com.
By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service.
The Site and all of its original content, features and functionality are the sole property of Akasha’s Den and are, as such, fully protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may view, download for caching purposes only, and print pages or registration confirmation, workshop details, etc. from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution].
[Where content is specifically made available for redistribution, it may only be redistributed as instructed.]
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Akasha’s Den’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Akasha’s Den’s express written consent.
Access to certain areas of this website is restricted. Akasha’s Den reserves the right to restrict access to other areas of this website, or indeed this entire website, at Akasha’s Den’s discretion.
If Akasha’s Den provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Akasha’s Den may disable your user ID and password in Akasha’s Den’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Akasha’s Den a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Akasha’s Den the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Akasha’s Den or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Akasha’s Den reserves the right to edit or remove any material submitted to this website, or stored on Akasha’s Den servers, or hosted or published upon this website.
Notwithstanding Akasha’s Den’s rights under these terms and conditions in relation to user content, Akasha’s Den does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Akasha’s Den makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Akasha’s Den does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Limitations of liability
Akasha’s Den will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Akasha’s Den has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Akasha’s Den’s liability in respect of any:
- death or personal injury caused by Akasha’s Den’s negligence;
- fraud or fraudulent misrepresentation on the part of Akasha’s Den; or
- matter which it would be illegal or unlawful for Akasha’s Den to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Akasha’s Den has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Akasha’s Den’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Akasha’s Den’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Akasha’s Den.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Akasha’s Den and undertake to keep Akasha’s Den indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Akasha’s Den to a third party in settlement of a claim or dispute on the advice of Akasha’s Den’s legal advisers) incurred or suffered by Akasha’s Den arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Akasha’s Den’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Akasha’s Den may take such action as Akasha’s Den deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Akasha’s Den reserves the right, at our sole discretion to modify or replace these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.
Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Akasha’s Den site immediately.
Akasha’s Den may transfer, sub-contract or otherwise deal with Akasha’s Den’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, constitute the entire agreement between you and Akasha’s Den in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.
Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ontario.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links to Other Websites
Our Site does contain a number of links to other websites and online resources that are not owned or controlled by Akasha’s Den.
430 Speers Road, Oakville, ON L6K 2G2 Canada