Nightshade Creations reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Nightshade Creations's ("Nightshade Creations" also referred to as "us", "we" or "our") website shall be subject to the current terms and conditions as published on our website at


General Terms of Use

By accessing Nightshade Creations's website, you are agreeing to be bound by these Terms and Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. f you do not agree with any of these terms, do not use this site. Any claim relating to Nightshade Creations's website shall be governed by the laws of the Province of Ontario and the applicable laws of Canada. The materials contained in Nightshade Creations's website are protected by applicable copyright and trade mark laws.


Internet Etiquette

Electronic forums such as email distribution lists and UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Nightshade Creations or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users' accounts, or any other attempt at "hacking", is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.


No Endorsement of Third Party Content

Nightshade Creations's website contains advertisements, links to, and frames of sites that are not maintained by Nightshade Creations. Such external content contains information created, published, maintained or otherwise posted by individuals, institutions, or organizations independent of Nightshade Creations. Nightshade Creations does not endorse, approve, certify, or control this external content and does not guarantee its accuracy, completeness, efficiency, timeliness or correct sequencing of information. The inclusion of such content in Nightshade Creations's website does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.


Disclaimer and Limitation of Liability

THE MATERIALS AND INFORMATION CONTAINED ON NIGHTSHADE CREATIONS'S WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH Nightshade Creations's WEBSITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON INFRINGEMENT. In no event shall Nightshade Creations, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Nightshade Creations's website, even if Nightshade Creations has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

The information and opinions expressed in Feedback Sections, Advertisements, Bulletin Boards, Chat Rooms, Guest Books or other forums conducted on this site are not necessarily those of Nightshade Creations or its service providers, affiliates, associates, subsidiaries or partners and Nightshade Creations makes no representations or warranties regarding that information or those opinions. Neither Nightshade Creations or its affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.


Third Party Providers and Merchants

The use of Nightshade Creations's services may permit you to purchase products, information and services from third parties that are not owned or operated by or otherwise under the control of Nightshade Creations. The ordering, purchase, payment, warranty, guarantee, delivery, maintenance and all other matters with respect to the products, services or information ordered or received from such third parties are solely between you and such third parties. Nightshade Creations does not endorse, warrant or guarantee such products, services or information and is not liable for the accuracy, completeness or usefulness of such products, services or information or the availability of such products, services or information. Nightshade Creations will not be a party to or be responsible in any way for monitoring any transaction between you and such third party providers of products, services or information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.


Virus Disclaimer

Except for information, products or services clearly identified as being supplied Nightshade Creations, all information, products or services offered through this website or on the Internet in general are offered by third parties that are not affiliated with and are not under the control of Nightshade Creations. Nightshade Creations cannot and does not guarantee or warrant that files available for downloading through this website, or sent by e-mail, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient virus detection checks and procedures to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data.


Limited License

Nightshade Creations hereby grants you a limited license to view on your computer, download and use any content made available on Nightshade Creations's website for which a fee is not charged, for non-commercial or personal purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.

Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person's website or server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Nightshade Creations or any other party who owns or has proprietary rights to the content, information and materials provided on Nightshade Creations's website.


Preservation of Intellectual Property Rights

All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Nightshade Creations or by other parties that have licensed their material to Nightshade Creations. Material from this website or from any other website owned, operated, licensed or controlled by Nightshade Creations may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other website, FTP server or network environment is prohibited.


Changes and Improvements

Nightshade Creations may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Nightshade Creations's website, including the terms and conditions of your use of this website, without liability. Such modifications will be binding on you when placed online. Site visitors are advised to periodically check this website for such changes.


Jurisdictional Issues

Due to the nature of the Internet, it is not possible for Nightshade Creations to restrict access to its website only to those jurisdictions in which it does business. Some or all of the products and services offered on this website may not be eligible for solicitation in your jurisdiction. If you are accessing this website from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Nightshade Creations. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.

Nightshade Creations offers services and programs in many parts of the world. The website may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this website, reference to such services or programs does not imply that Nightshade Creations intends to offer such service or programs in all countries or locations.

Unless otherwise specified, the materials contained in Nightshade Creations's website are presented solely for the purpose of business in Canada. This site is controlled and operated by Nightshade Creations from its offices in Canada. Nightshade Creations makes no representation that any of the materials contained in Nightshade Creations's website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.



All information, including any personally identifiable information, that you provide while accessing or using the website, is subject to the Privacy Policy. The Privacy Policy is hereby incorporated into and forms part of these Terms and Conditions. By accessing and using this Website you agree to the use and disclosure of the information you submit on the Website as outlined in the Privacy Policy.



By posting/sending a message in the feedback/email/comments/guestbook area(s), you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Nightshade Creations cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Nightshade Creations. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Nightshade Creations. In consideration of this authorization, you agree that any copy you make of any message(s) located on this website shall retain all copyright and other proprietary notices contained therein.

In order to maintain an informative and valuable service that meets the needs of the users of the website and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

(a) You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.

(b) You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.

(c) You may not interfere with other users' use of the website.

(d) You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.

(e) You may not post or transmit any message which is harmful, threatening, abusive or hateful.

(f) Any information provided to Nightshade Creations shall be provided by the submitter and received by Nightshade Creations on a non confidential basis. Nightshade Creations shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Nightshade Creations.

(g) You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the website for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

(h) You may not use the facilities and capabilities of the website to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.

(i) You may not post any e-mail or materials that would be considered a violation of any law. Nightshade Creations will co operate fully with any law enforcement authorities or court order requesting or directing Nightshade Creations to disclose the identity of anyone posting any such e-mail or materials.

You agree to indemnify Nightshade Creations and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.


Submission of Ideas by Users

You agree to grant to Nightshade Creations a non exclusive, royalty free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Nightshade Creations's site(s) or which you provide by email or any other means to Nightshade Creations and in any media now known or hereafter developed. Further, you grant to Nightshade Creations the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Nightshade Creations for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Nightshade Creations.


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