LAST UPDATED: October 14, 2010
oStylus Design Studio, its affiliates and their successors and assigns (collectively referred to as "oStylus") make this web site (the "Site") available to you subject to this Website Agreement.
For the purposes of this Website Agreement, the word "you" means the individual accessing the Site, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the Site. Additionally, you agree not to access the Site on behalf of any other legal entity unless you have the authority to bind that legal entity to this Website Agreement.
ACCEPTANCE OF TERMS:
By using the Site you agree, without limitation or qualification, to be bound by and to comply with this Website Agreement. If you do not agree, without limitation or qualification, to be bound by and to comply with this Website Agreement, discontinue using the Site.
Please note, certain services and activities available through the Site may require you to agree to further terms and conditions.
You represent and warrant that: (i) you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside; and (ii) your use of the Site will not violate any applicable law or regulation in the province, state, territory or country in which you reside.
If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use the Site unless your parent or guardian enters into this Website Agreement on your behalf and consents to your use of the Site.
When placing an order to purchase products from OStylus via the Site, you represent and warrant that any information you provide about yourself is true.
If OStylus believes that you have breached this Website Agreement, OStylus reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site and terminate any licenses granted to you pursuant to this Website Agreement without prior notice and without liability.
USE OF THE SITE:
You may use the Site for your own personal, non-commercial use or for placing an order to purchase products from OStylus. You understand that the "Terms of Sale" shall govern the purchase of any product. "Terms of Sale" are here.
You will not:
* seek to gain access to any portions of the Site you are not authorized by OStylus to access;
* use the Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity including but not limited to OStylus;
* use the Site to either directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it is hosted, the networks connected to them or any other user's access to the Site;
* adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of: (i) the Site; (ii) any software or technology used in connection with the Site; or (iii) any software downloaded from the Site;
* violate any applicable local, provincial, state, national or international law or regulation; or
* collect or store personally identifying information about other users of the Site for any purposes unrelated to the Site or that are illegal or unlawful.
Please note that OStylus controls the Site from within Canada and the Site is hosted in Canada.
OStylus reserves the right to communicate with you regarding your use of the Site or any products purchased through the Site. You consent to OStylus' use of any contact information that you provide to OStylus in doing so.
Although OStylus has enacted certain safeguards to protect personal information being transmitted to or from the Site in connection with any purchase, OStylus does not guarantee the security of any such information transmitted to or from the Site. Before using or relying on any means of transmitting your personal information to OStylus, you should take reasonable steps to verify that the manner of transmission provides an adequate degree of protection: you are using it at your own risk.
"Content" means all information, links, emails, postings, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials accessible on or via the Site.
You may make or retain a single electronic copy of the Content or any portion thereof and a single printed copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the screens are not removed from the printed copies of the screens. You may not make any other copies of the Content or use the Content for any other purpose. You may not modify, publish, display, transmit, adapt or in any way exploit any item of Content that you did not contribute, without the express prior permission of OStylus.
You agree not to use any crawler, spider, bot or other program to extract (in whole or in part) any Content accessible on or via the Site.
You agree not to link to any page forming part of the Site other than the home page without OStylus' prior written approval.
You agree that any contribution made by you to any improvement of the Site, OStylus' products, OStylus' services or any other works for which OStylus owns the intellectual property rights, will not give or grant you any right, title or interest in such improvements, and to the extent that all intellectual property rights in and to such improvement does not immediately vest in OStylus, you, upon creation of such works, assign any and all right, title, and interest (including all intellectual property rights) that you possess in the improvement to OStylus. Upon request by OStylus, you will execute any document, registration or filing required to give effect to the foregoing assignment, and you represent and warrant to OStylus that you have obtained waivers of all rights of integrity and all other moral rights in the improvement, which waiver may be invoked by OStylus (including its successors and assigns) without restriction.
SCREENING AND MONITORING CONTENT:
OStylus is not obliged but reserves the right to monitor some, all, or no areas of the Site from time to time: (i) to verify adherence to this Website Agreement or any other rules, codes of conduct or guidelines posted by OStylus in relation to the Site; or (ii) as required by law. OStylus reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any Content that is available via or on the Site at any time, without notice and without liability.
THIRD PARTY WEBSITES AND SERVICES:
OStylus may provide via the Site, or third parties may provide via the Site, links to resources not forming part of the Site. OStylus has no control over such resources. You acknowledge and agree that OStylus is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that OStylus will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties accessible on or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that OStylus will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE PRECEDING SENTENCE, OSTYLUS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE, CONTENT, THIRD PARTY SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT, OR OTHERWISE ARISING FROM THIS WEBSITE AGREEMENT INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE, CONTENT, THIRD PARTY SERVICES, AND THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the preceding paragraph, OStylus does not warrant that the Site or any Content:
* will be available at all times;
* will operate without errors;
* will be accessible regardless of the hardware or software that you wish to employ to access it;
* is absolutely secure, notwithstanding the use by OStylus of commercially reasonable efforts to secure it; or
* is free from viruses or other harmful code, notwithstanding the use by OStylus of commercially reasonable efforts to identify and eliminate such code.
All exclusions of responsibility or liability set out in this agreement are made to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to this Website Agreement does not permit any such exclusion or limitation, OStylus' total liability to you in connection with any breach of such a warranty will be subject to the following section entitled "LIMITATION OF LIABILITY".
LIMITATION OF LIABILITY:
IN NO EVENT WILL OSTYLUS, ITS REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, ANY CONTENT OR THIS WEBSITE AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS DATA, EVEN IF OSTYLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL OSTYLUS BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.
WITHOUT LIMITING THE PRECEDING TWO PARAGRAPHS, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF OSTYLUS (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY CONTENT OR THIS WEBSITE AGREEMENT, WILL NOT EXCEED $100.00.
The limitations set out in the preceding three paragraphs will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or this Website Agreement.
Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to this Website Agreement does not permit any such exclusion or limitation, OStylus' total liability to you in connection with any incidental, special or consequential damages will be limited by the third paragraph of this section.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the Site, any Content or this Website Agreement must be filed within one year after such claim or cause of action arises or be permanently barred.
You agree to indemnify OStylus (its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to your use or misuse of the Site or any Content, regardless of whether such use is authorized by you, or from any breach by you of any of this Website Agreement.
INTELLECTUAL PROPERTY INFRINGEMENT:
It is the policy of OStylus to investigate and respond to claims of intellectual property infringement.
To the extent that any jurisdiction applicable to this Website Agreement has a notice and take-down scheme like the one set out in the United States' Digital Millennium Copyright Act, upon receipt of any notice alleging infringement that complies with such a scheme, OStylus will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. OStylus may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although OStylus makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, OStylus will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before OStylus replaces or restores access to any material as a result of any counter notification.
Notices of claimed infringement should be directed to:
oStylus Design Studio, 781 2nd Ave W., Owen Sound, ON, N4K4M2, Canada
Attention: Andrew Goss
Please put "Notice of Infringement" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the materials alleged to be infringing and the proprietary rights alleged to be infringed.
"oStylus" is a trademark of OStylus Design Studio. All other marks that appear throughout the Site belong to OStylus or the respective owners of such marks, and are protected by Canadian and international trade-mark and other laws. Any use of any of the marks appearing throughout the Site without the express written consent of OStylus or the owner of the mark, as appropriate, is strictly prohibited.
TERM AND TERMINATION:
This Website Agreement will continue in effect for as long as you use the Site, unless specifically terminated earlier by OStylus or you.
Upon the termination or expiration of this Website Agreement, you will: (i) stop using the Site and any Content in your possession for any purpose; and (ii) destroy any Content in your possession.
GENERAL TERMS AND CONDITIONS:
This Website Agreement (and each document incorporated by reference in the Website Agreement) constitute the complete and exclusive agreement between you and OStylus with respect to its subject matter, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter.
No term of the Website Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of the Website Agreement may be waived except in a writing signed by the party waiving enforcement.
Should any provision of this Website Agreement be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
OStylus and you are independent contractors and this Website Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between OStylus and you. Neither OStylus nor you will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided in this Website Agreement.
The Website Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to attorn to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Website Agreement.
OStylus will not be liable for any failure or delay in its performance under the Website Agreement due to any cause beyond its reasonable control.
OStylus may assign this Website Agreement, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under this Website Agreement, either in whole or in part, without the prior written consent of OStylus.
Any notice or other significant communication given to you pursuant to this Website Agreement will be in writing, addressed to any email address or address that you provided to OStylus when placing your most recent order and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to OStylus pursuant to this Website Agreement will be in writing and sent to OStylus at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business day following: (i) email transmission by OStylus to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
The headings used in this Website Agreement are for convenience of reference only. No provision of this Website Agreement will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout this Website Agreement, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation".
VIOLATIONS OF THE WEBSITE AGREEMENT:
Should you violate this Website Agreement or any other rights of OStylus, OStylus reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.
If you are aware of any violations of this Website Agreement, please report them to:
oStylus Design Studio, 781 2nd Ave W., Owen Sound, ON, N4K4M2, Canada
Attention: Andrew Goss
CHANGES TO THE WEBSITE AGREEMENT:
OStylus may change this Website Agreement from time to time and at any time. When OStylus changes this Website Agreement, OStylus will post the updated version of the Website Agreement on the Site together with the date on which it was revised, and post a notice that the Website Agreement has been updated on the home page for the Site for at least four weeks following any change to the Website Agreement,
As well, OStylus may, but is not obliged to, ask you to actively confirm your consent to the revised Website Agreement. If OStylus does not do so, but you continue to use the Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Website Agreement. If you do not agree with the revised Website Agreement without qualification, discontinue using the Site.
OStylus reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited to adding or removing functionality or features or changing its name.