“whoisnobody.com” is the interactive corporate website of OneBackyard Inc., its subsidiaries and affiliates (“OneBackyard Inc.” or “We”) on the World Wide Web of the Internet, consisting of corporate information and products and services provided by OneBackyard Inc.”You” means each person who accesses the whoisnobody.com website. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without OneBackyard Inc’s written permission.
By accessing and browsing the whoisnobody.com (the “OneBackyard Inc. Web site”), you accept, without limitation or qualification, to the following terms and conditions (“Terms and Conditions”) and all applicable laws and acknowledge that any other agreements between you and OneBackyard Inc. are superseded and of no force or effect.
TERMS AND CONDITIONS
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of OneBackyard Inc. OneBackyard Inc. neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with OneBackyard Inc.
2. While OneBackyard Inc. uses reasonable efforts to include accurate and up to date information in the Site, whoisnobody.com makes no warranties or representations as to its accuracy. OneBackyard Inc. assumes no liability or responsibility for any errors or omissions in the content of the Web site.
3. Your use of and browsing in the Site are at your risk. Neither OneBackyard Inc. nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.
No Return, No Refund Policy
All sales are final. They are not refundable and not able to be exchanged. No Exceptions.
DISCLAIMER OF WARRANTY
THE MATERIALS, PRODUCTS AND SERVICES PROVIDED TO YOU ON THIS WEB SITE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. OneBackyard Inc. ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF THE INFORMATION PROVIDED BY THIS WEB SITE. YOU UNDERSTAND AND EXPRESSLY AGREE TO USE THIS WEB SITE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THIS WEB SITE, OneBackyard Inc. DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH whoisnobody.com SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH whoisnobody.com SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH whoisnobody.com SERVICES OR THAT whoisnobody.com SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION MAY NOT APPLY TO YOU. OneBackyard Inc. ORIGINATES IN ONTARIO, CANADA THEREFORE THE LAWS OF ONTARIO AND THE FEDERAL LAWS OF CANADA THAT APPLY THEREIN SHALL GOVERN THESE TERMS AND CONDITIONS. THE TERMS AND CONDITIONS SHALL BE TREATED, IN ALL RESPECTS, AS A CONTRACT ENTERED INTO IN ONTARIO. AS NOTED ABOVE, YOU MAY BE SUBJECT TO OTHER LOCAL, PROVINCIAL AND NATIONAL LAWS. YOU HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO FOR ANY DISPUTE ARISING UNDER OR RELATING TO THIS TERMS AND CONDITIONS AND WAIVE YOUR RIGHT TO INSTITUTE LEGAL PROCEEDINGS IN ANY OTHER JURISDICTION. WE SHALL BE ENTITLED TO INSTITUTE LEGAL PROCEEDINGS IN CONNECTION WITH ANY MATTER ARISING UNDER THIS AGREEMENT IN ANY JURISDICTION WHEREIN YOU RESIDE, DO BUSINESS OR HAVE ASSETS. OneBackyard Inc. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND INCLUDING REASONABLE ATTORNEYS’ FEES RESULTING FROM THE USE OF OR THE INABILITY TO USE whoisnobody.com SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH whoisnobody.com SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OneBackyard Inc. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH.
OneBackyard Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, no confidential and non-proprietary. Anything you transmit or post may be used by OneBackyard Inc. or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, OneBackyard Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, OneBackyard Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including “OneBackyard Inc.” are registered and unregistered Trademarks of OneBackyard Inc.
All trademarks and logos contained in the Materials and Information are the property of their respective owners. Use of such trademarks and logos are strictly prohibited without obtaining the prior permission for use from their rightful owners.
Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of OneBackyard Inc. or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that OneBackyard Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. OneBackyard Inc. has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Although OneBackyard Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, OneBackyard Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, threatening, abusive, harassing, vulgar, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, danger, threatening, abusive, harassing, vulgar, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. OneBackyard Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing OneBackyard Inc. to disclose the identity of anyone posting any such information or materials.
9. OneBackyard Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.