Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your agreement to be bound by these Terms of Use. If you do not agree to these terms
of use, please do not use the site. We may modify, revise or update the Terms of Use at any time by updating this
posting.
This Agreement contains the following provisions
- RESTRICTIONS ON USE OF MATERIALS
- ACCEPTABLE SITE USE
- General Rules
- Web Site Security Rules
- TERMINATION
- LINKS
- THIRD PARTY POSTINGS
- DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNITY OF USER
- JURISDICTIONAL
- SEVERABILITY
- PERMISSION FOR REPRINTS
- COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
1. RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Mimi Publishing Inc. unless otherwise indicated the contents, and the collection,
arrangement and assembly of the contents of Mimi the Angel are the property of Mimi Publishing Inc. and are protected,
without limitation, pursuant to Canadian, U.S. and foreign copyright, trademark and other laws. No material from Mimi
the Angel and Mimi Publishing Inc. may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the materials on any single computer for your personal
non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation of Mimi Publishing Inc.’s copyright, trademark,
and trade secret rights and others’ proprietary rights. The use of any such material on any other Web Site or networked
computer environment for any purpose is prohibited.
In the event you download software from the site, the software including any files, images incorporated in or
generated by the software and data accompanying the Software (together, the “Software”) are licensed to you by Mimi
Publishing Inc. Mimi Publishing Inc does not transfer title to the Software to you. As between you and Mimi Publishing
Inc, Mimi Publishing Inc. retains full and complete right, title, and interest in and to the Software and all
intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the
Software.
2. ACCEPTABLE SITE USE
General Rules
Users may not use the site in order to transmit, distribute, store or destroy material: (a) in violation of any
applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c)
that is defamatory, obscene, threatening, abusive or hateful. Users may use the site only for lawful purposes.
Web Site Security Rules
Users are prohibited from violating or attempting to violate the security of the site, including, without limitation:
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to
access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or
network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding”,
“spamming”, “mailbooming” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of
products or services; or (e) forging TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting. Violations of any system or network security may result in civil or criminal liability. Mimi
Publishing Inc. will investigate occurrences which may involve such violations and may involve and co-operate with,
law enforcement authorities in prosecuting users who are involved in such violations.
3. TERMINATION
These Terms of Use are effective until terminated by either party. You may terminate them at any time by destroying
all materials obtained from Mimi Publishing Inc and Mimitheangel.ca and all related documentation and all copies and
installments thereof whether made hereunder or otherwise. This Agreement will terminate immediately without notice from
Mimi Publishing Inc, if in Mimi Publishing Inc.’s sole discretion you fail to comply with any term or provision of this
Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal,
tortuous or that interferes with the technological operation of this site. Upon termination, you must destroy all
materials obtained from Mimi Publishing Inc.ca and all copies thereof, whether made under the terms of this Agreement
or otherwise.
4. LINKS
This site may contain links to third party sites. These links are provided solely as a convenience to you and not as
an endorsement by Mimi Publishing Inc. Mimi Publishing Inc. is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or accuracy of materials on such third party sites.
If you decide to access linked third party sites, you do so at your own risk.
5. THIRD PARTY POSTINGS
Mimi Publishing Inc. may, in its sole discretion, post material, advertisements and other promotional materials of
third parties on the site. Your correspondence or dealings with these parties found on the site are solely between
you and such party. You agree that Mimi Publishing Inc. shall not be responsible for any loss or damage of any sort
incurred as a result of any such dealings or as a result of their presence. Moreover, Mimi Publishing Inc shall not
be responsible or liable for the statements or conduct of any third party on the site. With regard to services or
products purchased or obtained by a user from someone other than Mimi Publishing Inc, we make no representation or
warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we hereby
specifically disclaim any and all express and implied representations and warranties of any nature whatsoever as to
such services and products.
6. DISCLAIMER
MIMI PUBLISHING INC. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MIMI THE ANGEL.CA OR ITS CONTENTS, WHICH
ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” MIMI PUBLISHING INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO MIMI THE ANGEL.CA AND ANY WEB SITE WITH WHICH IT IS LINKED. MIMI PUBLISHING INC. DOES NOT WARRANT THE
FUNCTIONS, INFORMATION OR LINKS CONTAINED ON MIMI THE ANGEL.CA OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS,
THAT MIMI THE ANGEL.CA, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF MIMITHEANGEL.CA
OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. MIMI
PUBLISHING INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON MIMI THE ANGEL.CA IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MIMI
PUBLISHING INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MIMI PUBLISHING INC. BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON
MIMITHEANGEL.CA, EVEN IF MIMI PUBLISHING INC. OR A MIMI PUBLISHING INC. AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MIMI PUBLISHING
INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING MIMITHEANGEL.CA.
8. INDEMNITY OF USER
You agree to defend, indemnify, and hold harmless Mimi Publishing Inc., its officers, directors, employees and agents,
from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the material or your breach of the terms of these Terms of Use. Mimi Publishing
Inc. shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense,
in defending any such claim, suit or proceeding.
9. JURISDICTIONAL
The site is controlled from within the Province of Ontario, Canada. It can, however, be accessed from all other places
around the world. Although these places may have different laws from those of the Province of Ontario, by accessing
this site, you agree that the laws of the Province of Ontario will apply to all matters relating to your use of this
site, without regard to rules relating to conflict of laws. Mimi Publishing Inc. makes no claims that the materials
may be lawfully viewed or downloaded outside of Canada. Access to materials may not be legal by certain persons or
in certain countries. If you access the site from outside of Canada, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in
Ottawa, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts.
10. SEVERABILITY
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall
be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining
provisions.
11. PERMISSION FOR REPRINTS
All material on Mimitheangel.ca without limitation, is protected by Canadian, U.S. and other foreign copyright and
trademark laws. In order to receive permission to reprint any material on Mimitheangel.ca (outside of personal,
non-commercial use), please write to:
Mimi Publishing Inc.
224-532 Montreal Rd
Ottawa, Ontario K1K 4R4
12. COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to the following:
Copyright InfringementMimi Publishing Inc.
224-532 Montreal Rd
Ottawa, Ontario K1K 4R4
Phone: (613) 230-7472
E-mail: info@mimitheangel.ca
The notification must be in writing and include:
- A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed; - Identification of each alleged infringing copyrighted work or works;
- Identification of the allegedly infringing material and information reasonably sufficient to enable us to
locate such material; - Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement
(e.g. an address, telephone number, and e-mail address); - A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in
the manner complained of is not authorized by the copyright owner, its agent, or the law; and - A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.