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Privacy policy, disclaimer and copyright information for the Cheeseburger Brown website

COPYRIGHT NOTICE

Copyright © 2002 - 2015 Matthew Hemming. Except where explicitly noted, all rights reserved.

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Matthew Hemming on behalf of Cheeseburger Brown.

Copyright license

Matthew Hemming grants to you a worldwide non-exclusive royalty-free revocable license to: view this website and the material on this website on a computer or mobile device via a web browser; copy and store this website and the material on this website in your web browser cache memory; and print pages from this website for your own personal and non-commercial use.

Matthew Hemming does not grant you any other rights in relation to this website or the material on this website save where expressly excepted for material covered by Creative Commons provisions (see below). Unless so explicitly excepted, all other rights are reserved.

For the avoidance of doubt unless where explicitly indicated differently, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without prior written permission from Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise.

Materials covered by a Creative Commons license

Some pages on this website include a badge indicating authorized forms of usage defined by a Creative Commons license. The content material of pages bearing the badge may be used in accordance with the linked license. The license currently in place is the Attribution-Noncommercial-No Derivative Works 2.5 Canada license, which empowers visitors to copy, share and distribute the material in question under the following conditions: 1) Attribution: you must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work); 2) Noncommercial: you may not use the work for commercial purposes; 3) No Derivative Works: you may not alter, transform, or build upon this work. Please note that for any reuse or distribution, you must make clear to others the licence terms of this work; any of the above conditions can be waived if permission is obtained from Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise; the author's moral rights are retained in this Creative Commons licence. An example badge is provided below:

Creative Commons License

Data mining

The automated and/or systematic collection of data from this website is prohibited with the exception of collection for the purposes of inclusion in a search engine index accessible to the general public. All indexing agents are required to abide by the exclusion standards indicated in this website's ROBOTS.TXT file. Abusive indexing agents will be blocked without notice.


Permissions

You may request permission to use the copyright materials on this website or request an exemption to the standard licensing provisions by writing to cheeseburgerbrown@mfdh.ca.

Enforcement of copyright

Matthew Hemming and Cheeseburger Brown take the protection of their assets very seriously. If it is discovered that you have used their copyright materials in contravention of the license(s) detailed above, Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Cheeseburger Brown's copyright materials that contravenes or may contravene the license above, please report this by email to cheeseburgerbrown@mfdh.ca.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to cheeseburgerbrown@mfdh.ca.


DISCLAIMER

No warranties

The Cheeseburger Brown website is provided "as is" without any representations or warranties, express or implied. Matthew Hemming 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, Matthew Hemming does not warrant that: this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

The Cheeseburger Brown website or Matthew Hemming 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: 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 Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise has been expressly advised of the potential loss.

Exceptions

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 the liability of Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise in respect of any: death or personal injury caused by negligence on the part of Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise;
fraud or fraudulent misrepresentation on the part of Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise; or
matter which it would be illegal or unlawful for Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise to exclude or limit, or to attempt or purport to exclude or limit, their liability.


Reasonableness

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.

Other parties

You accept that, as a limited liability entity, the Cheeseburger Brown website has an interest in limiting the personal liability of its officers and associates.You agree that you will not bring any claim personally against Matthew Hemming or the Cheeseburger Brown website 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 the officers, employees, agents, subsidiaries, successors, assigns and sub-contractors of Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise.

Unenforceable provisions

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.


PRIVACY POLICY

Your privacy is important to Cheeseburger Brown and Matthew Hemming. This privacy statement provides information about the personal information that may be collected by this website, and the ways in which Matthew Hemming or the Cheeseburger Brown website uses that information.

Any information you may provide via use of this website is strictly confidential. No information collected via this website will be given, shared or sold to any third party beyond the scope of those engaged in providing direct technical services for the operation of this website.


Personal information collection

The Cheeseburger Brown website may collect and use the following kinds of personal information at the discretion of its operator(s): information about your use of this website (including the IP address, pages visited, and the display resolution, type of browser and operating system in use on the visitor's computer); information about transactions carried out over this website (including products ordered and the method of payment); information that you provide for the purposes of subscribing to website services (including e-mail address); and any other information that you may transmit or publish via this website's services.

Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise may use your personal information to: administer this website, enable your access to and use of the website services, send to you products that you purchase, and send to you statements, invoices or receipts as applicable for any transactions. No other uses of your personal information are authorized by Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise.

If Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise discloses any of this information to its agents or sub-contractors for the purposes listed in the preceeding paragraph, the agent or sub-contractor in question will be obligated to use that information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

Matthew Hemming or the Cheeseburger Brown website will store all the personal information you provide on secure servers. Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that Matthew Hemming or an officer or duly appointed representative of the Cheeseburger Brown enterprise collects may be stored and processed in and transferred between any of the countries in which the Cheeseburger Brown website operates to enable the use of the information in accordance with this privacy policy. These countries include but are not limited to Canada, the United States and Great Britain.

By using this website you agree to such cross-border transfers of personal information as required for the functioning of the electronic services offered by the Cheeseburger Brown website.

Updating this statement

The Cheeseburger Brown website may update this privacy policy by posting a new version on this website at this location. You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites. Matthew Hemming and the Cheeseburger Brown website are not responsible for the privacy policies or practices of any third party.

Inquiries

If you have any questions about this privacy policy or the treatment of your personal information by Matthew Hemming or the Cheeseburger Brown website or their affiliates and partners, please write to: cheeseburgerbrown@mfdh.ca

Fin.

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