Aardvark Prints
General Terms of Use
Last Updated: September 22, 2015
PLEASE CAREFULLY READ THESE GENERAL TERMS OF USE BEFORE USING Aardvark Prints's WEBSITE, REGISTERING FOR AN
Aardvark Prints's ACCOUNT, OR SUBMITTING AN ORDER FOR Aardvark Prints
PRODUCTS OR SERVICES. THESE GENERAL TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF Aardvark Prints's WEBSITE AND RELATED
PRODUCTS AND SERVICES, EXEMPTS Aardvark Prints's AND OTHER PERSONS FROM
LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.
BY ACCESSING OR USING Aardvark Prints's WEBSITE, REGISTERING AN
Aardvark Prints ACCOUNT OR SUBMITTING AN ORDER FOR
Aardvark Prints PRODUCTS OR SERVICES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE MOST CURRENT VERSION OF
THESE GENERAL TERMS OF USE. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS OF USE, YOU MAY NOT ACCESS OR USE Aardvark Prints's
WEBSITE, REGISTER FOR A Aardvark Prints ACCOUNT OR SUBMIT AN ORDER FOR Aardvark Prints PRODUCTS OR SERVICES.
-
Binding Contract:
These General Terms of Use are a binding legal agreement between you and Aardvark Prints regarding your access to
and use of
Aardvark Prints's website located at https://aardvarkprints.com/ (the “
Website
”) and the products and services provided by Aardvark Prints (collectively “
Products and Services
” and each a “
Product
” or “
Service
”, as applicable). By accessing or using any aspect of the Website, registering for an Aardvark Prints account or
submitting
an order for a Product or Service, you acknowledge and signify that you have read, understood, and agreed to the most current version of
these
General Terms of Use. If you do not accept and agree to the most current version of these General Terms of Use, you may not access or use
Aardvark Prints's website, register for an Aardvark Prints account or submit an order for a Product or Service. These General Terms
of Use
are in addition to any other agreement you may have with Aardvark Prints.
-
Changes:
Aardvark Printsin its discretion may change these General Terms of Use at any time by posting the changed General
Terms of
Use on the Website. The changed General Terms of Use are effective immediately upon posting on the Website, unless the changed General Terms
of Use
expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these General Terms of Use
and
review any changes since the previous version. By using the Website or submitting an order for a Product or Service, you signify your
acceptance and
agreement to the then-current General Terms of Use. You may not change, supplement or amend these General Terms of Use in any manner.
-
Permissible Users:
You may not use the Website, register for a Aardvark Prints account or submit an order for any Product or Service if
you are
under the age of majority in the jurisdiction in which you live or if you cannot form a legally binding contract. If you are under the age
of
majority, then your parent or legal guardian may register a Aardvark Prints account on your behalf and submit orders for Products and
Services
on your behalf. You may not use the Website, register for a Aardvark Prints account or submit an order for any Product or Service if you
do not
accept these General Terms of Use, if you breach these General Terms of Use, if you are located in a jurisdiction where access to or use of
a
Product or Service or the Website is prohibited by law, or if Aardvark Prints has prohibited you from registering for a Aardvark Prints
account or ordering a Product or Service. Notwithstanding the foregoing or any other provision of these General Terms of Use, Aardvark Prints
reserves the right in its discretion and for its sole convenience to refuse to provide Products and Services to you or any other person.
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Communications:
You authorize Aardvark Prints to: accept communications it receives from you by means of the Website or email
as if
those communications had been given directly by you in writing and signed by you; disclose your communications to Aardvark Prints's affiliates and services providers; and respond to your communications through the Website, by email or other means of
communication as Aardvark Prints considers appropriate. Communications that you send to Aardvark Prints are not effective unless and
until
they are processed by the responsible Aardvark Prints representative. Aardvark Prints may refuse to process communications that you
send to
Aardvark Prints, or may reverse the processing of any communications that you send to Aardvark Prints, at any time in
Aardvark Prints's discretion and without any notice or liability to you or any other person.
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Personal Information Privacy:
By accepting these General Terms of Use you consent to the collection, use, retention, disclosure and deletion of your
personal information in accordance with Aardvark Prints's
Privacy Policy as amended from time to time and as otherwise
permitted by applicable law.
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Permissible Use:
You may use the Website and Products and Services solely for your lawful, personal, non-commercial purposes, in the manner
permitted by
these General Terms of Use and all applicable laws. Using the Website, the Products or Services for any other purpose or in any other manner
is strictly prohibited.
Without limiting the foregoing, the following is a non-exhaustive list of prohibited uses of the Website and the Products and Services:
uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane,
pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, or otherwise objectionable; uses that may harm, threaten, harass,
abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of
a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty
to animals; and uses that infringe the rights (including copyright, personality rights, privacy rights, moral rights or other intellectual
property rights) of any other person.
Website users who violate the permissible uses of the Website, the Products or Services may incur criminal or civil liability. Aardvark Prints
may in its discretion report perceived violations of applicable law to law enforcement authorities. Aardvark Prints will cooperate with
law enforcement authorities in the investigation of suspected unlawful conduct.
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The Website:
-
Linked Sites:
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses
operated
by other persons (collectively “
Linked Sites
”). Linked Sites are independent from Aardvark Prints, and Aardvark Prints does not endorse, and has no
responsibility or
liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with
the
owners or operators of Linked Sites are at your own risk, and you will not make any claim against Aardvark Prints arising from,
connected with,
or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
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Prohibited Activities:
You will not: circumvent the ordinary navigational structure or presentation of the Website or its content; access
or obtain the Website content or other data by any means that is not purposely made available to you by the Website; gain unauthorized
access
to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means;
or
test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted
through
the Website, or any other person’s use of the Website.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders,
or other
automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative
browsing
or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the
Website
with the intention that the posting may be viewed by other users of the Website.
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Transactions:
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Misprints/Errors:
Aardvark Prints endeavours to provide current and accurate information on the Website, but misprints, errors,
inaccuracies,
omissions (including incorrect details for a Product or Service) and other errors may sometimes occur. Aardvark Prints does not warrant
that the
content on the Website (including Product descriptions, photographs and colours) is accurate and complete. Aardvark Prints reserves the
right to
correct any misprint, error, inaccuracy or omission at any time without prior notice or liability to you or any other person, and change at
any time
the Products and Services advertised on the Website, the prices, fees, charges and specifications of those Products and Services and any
other
Website content, all without any notice or liability to you or any other person. If you submit an order for a Product or Service for which
incorrect
information was displayed on the Website, Aardvark Prints will provide you with a reasonable opportunity to cancel your order.
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Availability:
Products and Services advertised on the Website may not be available when ordered or thereafter. If you order a Product or
Service that
is not available, Aardvark Prints will notify you by email. Aardvark Prints reserves the right in its discretion to refuse to accept
or
cancel any order you submit and to limit quantities available for sale or sold to you.
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Prices:
All prices and other amounts appearing on the Website are quoted in U.S. dollars, unless expressly indicated otherwise.
Aardvark Prints reserves the right to change prices advertised on the Website at any time. The total price of your order will include the price
of the
ordered Products and Services plus all applicable delivery charges, handling charges and taxes. The price, applicable taxes and charges will
appear
on the completed order form, and will be charged to your specified payment service when your order is accepted by Aardvark Prints.
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Orders:
The advertisements on the Website are invitations to make offers to purchase Products and Services and are not offers to
sell.
Your properly completed and delivered order constitutes your offer to purchase the Products and Services referenced in the order. Your order
will be
deemed accepted by Aardvark Prints when Aardvark Prints processes payment for your order or sends (by email) an order acceptance
notice to
you, whichever is sooner.
-
Order Cancellation:
Because Aardvark Prints endeavours to fill orders quickly, you may not cancel an order except in accordance with
section
8(a) and in accordance with applicable law.
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Payment:
You may pay for your purchases with the payment methods specified on the Website. Aardvark Prints obtains payment
pre-approval from your payment service when your order is processed. The purchase payment will be charged to your payment service if and
when your
order is processed. Except as expressly set forth in these General Terms of Use or otherwise required by applicable law, pre-paid fees are
not
refundable under any circumstances.
-
Delivery:
Aardvark Prints will ship Products you order to the delivery address specified in your applicable accepted order.
Shipping
and delivery times will depend on Product availability and the delivery method selected in your order.
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Returns:
If your order is incorrect or defective, refer to Aardvark Prints's Returns Policy.
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Proprietary Rights:
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Ownership of the Website:
Copyright © 2015 SF Online Sales Inc. All rights reserved.
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code,
data, and
other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the
Website as
a whole), the Products and Services and all related proprietary rights (including copyright and other intellectual property rights) are owned solely
by
Aardvark Prints and its licensors, and are protected by Canadian and international copyright and other intellectual property laws.
The Website and its content, and the Products and Services may not be copied, reproduced, imitated, republished, translated, uploaded,
posted,
publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or otherwise disclosed or
distributed
in any way (as applicable), in whole or in part, for any purpose whatsoever, without the express prior written consent of Aardvark Prints.
Your use of the Website, or purchase or use of a Product or Service does not transfer to you any right, title or interest in, to or
associated
respectively with the Website or its content or the Product or Service.
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Trademarks:
Aardvark Prints, and related logos are registered or unregistered trademarks and service marks owned or licensed by
SF
Online Sales Inc. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service
marks or
trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly
prohibited, and
nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of
those
trademarks, service marks or trade names.
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Feedback:
If you give to Aardvark Prints any feedback (including any comments, ideas or suggestions for corrections,
enhancements or
improvements) regarding a Product, Service or the Website, then Aardvark Prints and its successors, assigns and licensees may use the
feedback
for any and all purposes (including to support, maintain and improve Products, Services and the Website) without providing any compensation
or
attribution to you or any other person.
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Reservation:
All rights not expressly granted by these General Terms of Use are reserved by Aardvark Prints.
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Accounts:
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General:
To access and use certain features of the Website, Aardvark Prints may require that you register with Aardvark Prints,
have a valid and subsisting account with Aardvark Prints (an “
Account
”), and use a valid user name and password that complies with Aardvark Prints's technical requirements
(collectively “
Credentials
”).
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Restrictions/Requirements:
Except as expressly set forth in section 10(e): you may not create an Account for any other person; and your
Account
and Credentials are personal to you and may not be shared with or use by any other person. You are fully responsible and liable for
maintaining the
confidentiality of your Account and Credentials and for any and all use and misuse of your Account and Credentials (including all
transactions using
your Account or Credentials) and for all resulting loss and damage.
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Notices:
You will immediately notify Aardvark Prints by email to support@aardvarkprints.com
if you discover any unauthorized use of your Account or if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person.
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Cancellation/Suspension/Termination:
Aardvark Prints in its discretion may cancel or suspend your Account or reject, revoke or require that you change or
renew
your Credentials at any time without notice or liability to you or any other person, including if your Account is inactive. If your Account
is
suspended, cancelled or terminated by Aardvark Prints, you may not create another Account without Aardvark Prints's express
prior
written consent.
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Accounts for Children:
You may create an Account for a child for whom you are the parent or legal guardian, and in those circumstances you and
your
child are jointly and severally responsible and liable for the Account and related Credentials.
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Accurate Information:
To create an Account or to order a Product or Service, Aardvark Prints may require that you provide certain
information
about yourself (including your name, residential address, email address, other contact information) and payment information. You represent
and
warrant that all information you provide to Aardvark Prints is true, accurate, current and complete, and that you will update the
information
from time to time so that it remains true, accurate, current and complete. Aardvark Prints will rely on the information that you
provide.
Aardvark Prints is not under any obligation to verify the truth, accuracy, currency or completeness of any information you provide, but
Aardvark Prints may do so in its discretion, and you hereby consent to Aardvark Prints making reasonable inquiries as Aardvark Prints
considers
appropriate to verify the information you provide. You hereby authorize Aardvark Prints to create and permanently retain records of all
information that you provide to Aardvark Prints and all communications between you and Aardvark Prints and to use, retain and
disclose that
information as reasonably necessary to provide Products and Services and to otherwise perform Aardvark Prints's obligations and
exercise Aardvark Prints's rights under these General Terms of Use. You are solely responsible and liable for all loss, damage
and
expense that you, Aardvark Prints or any other person may suffer or incur as a result of your submission of any false, inaccurate, out
of date
or incomplete information, your failure to promptly update your information if it changes, or any other breach of your obligations under
this
section 11.
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Your Content:
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Confirmation:
You hereby represent and warrant that you own (or have obtained proper permission to use) any photograph, image, file,
content
and material provided or used by you in association with any Product, Service or the Website or contained in your Account (“
Content
”), have all requisite powers, rights and authorities to use Content (including proper consent to use the image or
likeness of
any individual depicted in Content), and use of Content will not infringe the rights (including copyright, personality rights, privacy
rights, moral
rights or other intellectual property rights) of any other person.
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Ownership:
You will retain ownership of Content. You hereby grant and agree to grant to Aardvark Prints and its successor,
assigns and
licensees a non-exclusive, royalty-free license to use, copy, distribute and display Content in order to provide you the Services and to
fulfil your
orders for Products in accordance with these General Terms of Use. For clarity, any material, tools, features, templates or layout provided
to you
by Aardvark Prints in which you use to arrange or organize Content remain proprietary to Aardvark Prints.
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Responsibility:
You are solely responsible for: any violation of the rights (including copyright, personality rights, privacy
rights, moral
rights or other intellectual property rights) of any person that may incur as a result of your use of the Website or in connection with any
Product
or Service ordered by you; and preserving and making back-up copies of Content on your personal system (the Website and the Services
are not
intended as a storage or other source of repository for Content).
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Disclaimers, Liability Exclusions/Limitations, and Indemnity:
-
GENERAL DISCLAIMER:
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND THE SELECTION AND USE OF PRODUCTS AND SERVICES TO ACHIEVE
YOUR INTENDED RESULTS, AND YOU USE THE WEBSITE AND PRODUCTS AND SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
WEBSITE AND PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND
WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING
FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS,
TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY Aardvark Prints
TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, Aardvark Prints DOES NOT REPRESENT OR WARRANT
THAT PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF Aardvark Prints
WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR PROMISE.
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LIABILITY EXCLUSIONS/LIMITATIONS:
NOTWITHSTANDING ANY OTHER PROVISION OF THESE GENERAL TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(I) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL STOREFRONT GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS,
OR ANY DAMAGE OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS
OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF PRIVACY, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY
OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE, THE PRODUCTS AND SERVICES OR ANY RELATED MATTER; AND
(II) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE GENERAL TERMS OF USE STOREFRONT GROUP IS LIABLE TO YOU OR ANY OTHER PERSON,
THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL STOREFRONT GROUP’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE
WEBSITE, PRODUCTS AND SERVICES OR ANY RELATED MATTER EVER EXCEED THE LESSER OF: (A) THE FEE, PRICE OR OTHER AMOUNT (EXCLUDING TAXES) THAT YOU
ACTUALLY PAID TO STOREFRONT FOR THE RELEVANT PRODUCT OR SERVICE; AND (B) CDN$50.00. THIS SECTION 14(b) APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO
LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
(INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY STOREFRONT OR ANY PERSON FOR WHOM STOREFRONT IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT
AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR
STOREFRONT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED.
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EXCEPTIONS:
THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR
LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE GENERAL TERMS OF USE MIGHT NOT
APPLY TO YOU.
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INDEMNITY:
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS STOREFRONT GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS,
EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES AND
EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE, THE PRODUCTS AND SERVICES OR YOUR NEGLIGENCE,
MISCONDUCT, OR BREACH OF THESE GENERAL TERMS OF USE. NOTWITHSTANDING THE FOREGOING, STOREFRONT GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF
AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING WITH COUNSEL OF THEIR OWN SELECTION
AT THEIR SOLE COST AND EXPENSE.
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DEFINITION:
IN THIS SECTION 14, “
STOREFRONT GROUP
” MEANS STOREFRONT AND EACH OF STOREFRONT’S LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CORPORATE PARENTS AND
AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES, JOINTLY
AND SEVERALLY.
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Suspension/Termination:
-
Suspension:
Aardvark Prints in its discretion may immediately suspend or restrict your Account and your permission to access and
use the
Website and order Products and Services at any time without notice or liability to you or any other person.
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Termination:
These General Terms of Use as they apply to you are effective unless and until terminated as set forth in this section
15(b).
You may terminate these General Terms of Use as they apply to you by permanently closing/deactivating your Account (if any) and ceasing use
of the
Website. Aardvark Prints in its discretion may for its sole convenience terminate these General Terms of Use at any time by giving a
notice of
termination to you or by permanently closing/deactivating your Account.
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Consequences of Termination:
Notwithstanding any other provision of these General Terms of Use, the obligations and liabilities you incur prior to
termination of these General Terms of Use will survive termination, and sections 5, 6, 8, 9, 11, 14, and 15 of these General Terms of Use
(and all other provisions of these General Terms of Use necessary to their interpretation or enforcement) will survive termination and continue to
apply and be binding upon you and Aardvark Prints.
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General Matters:
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Governing Law:
These General Terms of Use, the Website, the Products and Services, the relationship between you and Aardvark Prints, and
all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British
Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to
the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
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Disputes:
The courts of British Columbia, Canada sitting in the city of Vancouver, British Columbia, Canada will have original and
exclusive
jurisdiction over any and all disputes arising from, connected with or relating to these
General Terms of Use, the Website, the Products and Services, the relationship between you and Aardvark Prints
or any related matter, and you and
Aardvark Prints
each hereby unconditionally and irrevocably submit and attorn to the original and exclusive jurisdiction of those
courts
regarding those disputes.
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Notices:
Aardvark Prints may deliver notices to you by email or postal mail to any of the addresses that you provide to
Aardvark Prints (including when you subscribe for your Account or when you submit an order for a Product or Service). You are solely responsible for
ensuring that your email addresses on file with Aardvark Prints are and remain current and correct throughout the term of these General Terms of
Use, and you will promptly give notice to Aardvark Prints of any change to your email addresses.
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Force Majeure:
Notwithstanding any other provision of these General Terms of Use, Aardvark Prints will not be liable for any delay
in performing, or failure to perform, any of its obligations under these General Terms of Use to the extent performance is delayed or prevented
due to any cause or causes that are beyond Aardvark Prints's control. Any delay or failure of that kind will not be a breach of these
General Terms of Use Aardvark Prints, and the time for Aardvark Prints's performance of the affected obligation will be extended
by a period that is reasonable in the circumstances.
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Miscellaneous:
No consent or waiver by Aardvark Prints to or of any breach by you of these General Terms of Use will be effective
unless the consent or waiver is confirmed in a document that is signed by Aardvark Prints or will be deemed or construed to be a consent to or
waiver of a continuing breach or any other breach by you. Aardvark Prints's rights and remedies under these General Terms of Use are
cumulative and not exhaustive or exclusive of any other rights or remedies to which Aardvark Prints may be lawfully entitled under these
General Terms of Use or at law, and Aardvark Prints will be entitled to pursue any and all of its rights and remedies concurrently,
consecutively and alternatively. If any provision of these General Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or
unenforceable for any reason, then the provision will be deemed severed from these General Terms of Use and the remaining provisions will
continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these General Terms of Use
would fail in their essential purpose. You may not assign these General Terms of Use or any of your rights, licenses, duties or obligations under these
General Terms of Use. Aardvark Prints in its discretion may assign these General Terms of Use and any or all of Aardvark Prints's
rights, licenses, duties and obligations under these General Terms of Use. Aardvark Prints may engage subcontractors to perform Aardvark Prints's
obligations under these General Terms of Use. The provisions of these General Terms of Use will enure to the benefit of and be binding
upon you and Aardvark Prints and your respective successors, permitted assigns and personal representatives.
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Interpretation:
In these General Terms of Use: a reference to the “
General Terms of Use
” and other similar terms refers to these General Terms of Use as a whole, and not just to the particular provision in
which those words appear; headings are for reference only and do not define, limit or enlarge the scope or meaning of these General Terms of
Use or any of its provisions; “
persons
” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations,
societies and all other legal entities; words importing the singular number only include the plural and vice versa; words importing a
gender include both genders; “
including
” and “
includes
” mean including or includes (as applicable) without limitation or restriction; “
law
” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law
includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and
“
discretion
” or any variation thereof used with respect to a party mean that party’s sole, absolute and unfettered discretion.
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Complete Agreement/Governing Language:
These General Terms of Use set forth the entire agreement between you and Aardvark Prints regarding the subject
matter of these General Terms of Use (including the Website and the Products and Services), and supersede all prior or contemporaneous communications,
representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of
these General Terms of Use. Except as expressly set forth in these General Terms of Use, these General Terms of Use may not be modified except by
a written document that expressly states that it is an amendment to these General Terms of Use and is signed by an authorized representative
Aardvark Prints. You and Aardvark Prints have expressly requested and required that these General Terms of Use and all related
documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y
rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these General Terms of Use provided by
Aardvark Prints is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English translation
then the English version will take priority and govern.
If you have any questions or comments regarding these General Terms of Use, or if use of the Service by a Website user infringes your
copyright
under the
Canadian Copyright Act
, please contact Aardvark Prints at support@aardvarkprints.com.