TERMS AND CONDITIONS OF USE K&H DISTRIBUTING FIREWORKS (K&H FIREWORKS)
2. Our Service.
Our website and services provided to you on and through our website are on an “AS IS” basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this website, you agree to provide truthful information when requested and be at least the age of thirteen (13) or older.
In order to purchase fireworks from this website, you agree to provide truthful information when requested and be at least the age of eighteen (18) or older.
5. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website or for any error or omission.
You explicitly agree, in using this website or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate any applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
6. Submission of Content on this Website.
By providing any Content to our website:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including a waiver of moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
7. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
8. How We Store and Secure Information We Collect.
Information storage and security: We use a wide variety of local and global hosting and online service providers. While we implement safeguards to protect your information, no security system is impenetrable. Due to the inherent risks involved with the Internet, we cannot guarantee your data is absolutely safe from intrusion by others.
How long we keep information: How long we keep information about you depends on the type of information, as described in further detail below.
Account information: We retain your account information for as long as your account is active and for twelve months following account termination. We retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations.
Marketing information: If you have elected to receive marketing emails from us, we retain your marketing preference information in accordance with CASL requirements.
Service providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. We ensure that all service providers meet current regulatory standards.
9. How To Access and Control Your Information.
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them.
Your choices: You have the right to request a copy of your information, to request the deletion of your information, and to request a copy of your information in a structured, electronic format.
You may exercise these requests by contacting us using our website Contact Us Form.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted or required by law to keep.
Opt-out of marketing communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, or by contacting us by telephone.
11. Disclaimer of Warranties.
You understand and agree that your use of this website and any services or content provided (the “service”) is made available and provided to you at your own risk. It is provided to you “AS IS” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
12. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
13. Reservation of Rights.
We reserve and own all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
14. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us and we’ll work with you to remedy the situation.
15. Applicable Law.
16. Miscellaneous Information.
By using our website, you consent to the collection, transfer and use of your personal information in the manner set out below.
We collect aggregate information about the behaviour of web visitors, to improve the quality of our website.
Collection of personal information. In some cases, we may ask you for personal information, such as your name, contact information, your preferences and payment information.
Automatic Information: We receive and store certain types of information whenever you interact with us.
Cookies: Basically, in order to remember you, our system will issue you a cookie. It’s safe. A cookie is a text-only string of information stored on a user’s hard drive that allows a website to remember who you are. For general users of the site, cookies are used only during a user session (to maintain a shopping cart, for instance) and are then deleted. We do use persistent cookies to identify users who take advantage of the customization features of the site and to save this identification between website visits.
Our cookies do not collect personal information and we don’t combine information collected through cookies with other personal information to tell us who you are and what your name and email address is.
We use third party cookies through our website and services for advertising, analytics, and other purposes. This is described in more detail below. These cookies collect information that are used in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are.
We may use other, similar technologies from time to time, like web beacons, pixels (or “clear gifs”) and other tracking technologies. These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our website or, in the case of web beacons, opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our website to another, to understand whether you have come to our website from an online advertisement, to improve site performance, and to measure the success of marketing campaigns.
You have the right to accept or reject cookies. Most browsers will direct you on how to prevent your browser from accepting cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies.
Publication Orders: If a user orders a publication, their personal information will be used to fulfill the order and may be shared with third parties involved in fulfilling your order (a printer and a shipper, for instance).
Event Registration: If a user registers for an event online, their personal information will be used to fulfill that request and may be shared with third parties (a printer, for instance).
Billing and Communication: If you purchase a product or service, you may need to provide us with payment and billing information (your credit card and billing address, for instance). We will maintain a record of your billing transactions, purchases, and any related communication.
E-mail: If you send an email message to us, we will use your e-mail address and other information you provide to respond to your request.
Surveys: The information we collect in online surveys is used for internal research purposes.
Targeted online advertising: We have engaged one or more third-party service providers to track and analyze both individualized usage and aggregate statistical information from interactions with our website.
Sharing Your Information: We do not share or sell the personal information you provide to parties outside of K&H FIREWORKS, with the following exceptions: to fulfill user requests for publications, for event registrations, as required by law, or to protect the rights, property, safety of K&H FIREWORKS, our employees and contractors, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Any data we collect, however, may be transferred within K&H FIREWORKS for internal purposes only.
• K&H FIREWORKS Internal Purposes: K&H FIREWORKS personnel and authorized consultants and/or contractors may have access to user information if necessary, in the normal course of K&H FIREWORKS business.
• Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if K&H FIREWORKS, or substantially all its assets, were acquired, user information would be one of the assets that is transferred.
With your consent, except as noted above, we will contact you when your personal information is shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to opt out to prevent the sharing of this information.
Accessing and Updating: If your personal information changes or if you no longer wish to receive a service, please let us know. Contact us by email at firstname.lastname@example.org and we will correct, update or remove your information.
Children Under 13 Years of Age: You must be 13 years and older to request information, use or register on the K&H FIREWORKS website. K&H FIREWORKS does not specifically collect information about children. If we learn that K&H FIREWORKS has collected information from a child under the age of 13, we will delete their information as soon as it is identified.
If you have any questions about K&H FIREWORKS’s privacy practices or wish to report a problem, please contact our Privacy Commissioner – Victor Anber at:
K&H Distributing Fireworks
11684 Country Road 42
Tecumseh, Ontario, Canada
Contact by email: email@example.com