Updated on January 2015
This policy, herby incorporates all of our policies, terms and conditions, rules and directing lines included on this site, as well as our terms and conditions policy. Any undefined terms in this policy will be defined inside our terms and conditions policy.
This policy is in effect since January 1st 2013. Your continued use of this site from now on signifies your acceptance of this policy. We reserve the right to modify the provisions in this policy without prior notice to you; it is your responsibility to ensure you are aware of the latest changes by revisiting our policies from time to time.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF OUR WEBSITES. IT EXEMPTS US AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
This agreement contains the following provisions:
- Your acceptance of this agreement
- Permission to use the websites
- Changes to this agreement
- Ownership and permitted use of the websites
- Misprints and errors, product availability and prices
- Trademark information
- No linking, framing, mirroring, scraping, Data-mining or postings
- Login names and passwords
- Software agreements
- Unsolicited submissions
- Your information, disclaimers, liability
- Exclusions/limitations and indemnity
- Personal information privacy
- Other sites/resources
- Governing law and dispute resolution
- Other matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and all persons you represent (and for purposes of this agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and us regarding your access to and use of our websites and all content, information, products and services available on or through the website (collectively, the "website"). This agreement also provides benefits to our affiliates, service providers, suppliers and other persons.
Each time you use the website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person you purport to represent.
If you do not agree with any provision of this agreement, or you are not authorized to agree to and accept this agreement on behalf of the person you purport to represent, you may not access or use the website. The websites are for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This agreement is in addition to any other agreement you may have with us, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use our websites if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws. We reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain games). We will ship products only to verified addresses.
3. CHANGES TO THIS AGREEMENT
We may, at our sole discretion, change this agreement from time to time as it relates to future use of the website, by posting a revised agreement on the websites. By using the websites after this revised agreement has been posted, you signify your acceptance and agreement to be bound by the revised agreement. You may not change this agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITES
The websites (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the websites) is our property, and is protected by Canadian and international copyright, trademark and other laws. Your use of the websites does not transfer you any ownership or other rights in the websites or their content. The websites are made available to you for your lawful, personal use only. You may use the websites only in the manner described expressly in this agreement and subject to all applicable laws. Using the websites for any other purpose or in any other manner is strictly prohibited.
You may print websites pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The websites and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without our express prior written consent. You may not sell or resell any part of the websites or access to the websites. You may not use any of the software that is used in the operation or provision of the websites except while you are using the websites in accordance with this agreement.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
We endeavour to provide current and accurate information on the websites. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We cannot guarantee that products and services advertised on the websites will be available when ordered or thereafter. We do not warrant that the content of the websites including, without limitation, product descriptions or photographs, is accurate or complete.
We reserve the right to:
- Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person,
- Change at any time the products and services advertised or made available for sale on the websites, the prices, fees, charges and specifications of such products and services, any promotional offers and any other websites content without any notice or liability to you or any other person,
- Reject, correct, cancel or terminate any order, including accepted orders for any reason and
- Limit quantities available for sale or sold.
The advertisements on the websites are invitations to you to make offers to purchase products and services on the websites and are not offers to sell. All prices and other amounts appearing on the websites are quoted in Canadian dollars.
6. TRADE-MARK INFORMATION
Our names, domain names, web sites and logos and other names and logos appearing on or in connection with the websites are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by us or their respective owners or licensees.
Any use of the marks, except as expressly provided in this agreement, is strictly prohibited. Nothing appearing on the websites or elsewhere shall be construed as granting, by implication, estoppels, or otherwise, any licence or right to use any of them.
7. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the websites without our express written permission are strictly prohibited. To request permission to link to the websites, please send an email to the below information. We may, at our discretion cancel and revoke any permission we may have given to link to the websites at any time and without any notice or liability. The framing, mirroring, scraping or data mining of the websites or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the websites or to post comments, communications, or any other data of any kind to or on the websites with the intention that other users of the website may view such postings.
8. LOGIN NAMES AND PASSWORDS
Certain areas and features of the websites are accessible only to users to whom we have issued a login name and password. For the purposes of accessing the websites, the codes remain our property and may be cancelled or suspended at any time at our sole discretion without any notice or liability to you or any other person.
We are not under any obligation to verify the actual identity or authority of any person using codes to access and use the websites. We may act upon any communication that is given with the use of codes. We may at our discretion and at any time require proof of the identity of any person seeking to access and use the websites, and may deny access to and use of the websites or parts of it or refuse to accept or act upon any communication if we are not satisfied with such proof.
If you have been issued codes:
- You are fully responsible and liable for the security of the codes and any and all use and misuse of the codes;
- You will keep the codes secure and confidential at all times and not disclose the codes to any other person or permit any other person to use the codes,
- You will ensure that all uses of the codes comply with this agreement.
- Once you have logged-on to the websites using the codes, you will not leave the computer terminal used to access the website unless and until you have terminated the session and logged-off the websites and
- You will immediately notify us at the below information if you know or suspect that any codes have been lost or stolen or become known to or used by any other person.
9. SOFTWARE AGREEMENTS
We may cause software to be available for you to download from the websites or through other websites and internet resources. The software is protected by copyright, and the applicable transaction agreement and the software licence agreement specific to the software govern your downloading and use of the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and software licence agreement.
From time to time we may make contests available to users of the websites and others. This agreement and the applicable contest rules govern all contests. By participating in a contest through the websites, you signify your agreement and acceptance of this agreement and the applicable contest rules.
11. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, we do not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send submissions to us or the websites, you automatically grant (or warrant that the owner of the submissions grants) to us and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the submissions or any ideas, concepts, know-how or techniques associated with the submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the our part or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the submissions are waived in our favour and its successors, assigns and licensees.
12. YOUR INFORMATION
All information you provide through the websites, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. We will rely on the information you provided. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, us or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
13. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
YOUR ACCESS TO AND USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW.
WE AND OUR PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY US OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
14. PERSONAL INFORMATION PRIVACY
15. OTHER SITES/RESOURCES
For your convenience, our websites may include links or references to other internet sites or resources and businesses operated by other persons (collectively "other sites"). Some other sites are independent from us, and we have no responsibility or liability for or control over other sites, their business, goods, services, or content.
We do not sponsor or endorse other sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of other sites and your dealings with the owners or operators of other sites is at your own risk, and you will not make any claim against us arising from, connected with, or relating to your use of other sites or your dealings with the owners or operators of other sites. As between you and us, this agreement, with all necessary modifications, applies to your access and use of any other sites and their business, goods, services and content.
Notwithstanding any other provision of this agreement, we may at our discretion change, discontinue, modify, restrict, suspend or terminate the websites or any part of it without any notice or liability to you or any other person. We may at our sole discretion and for our convenience at any time immediately terminate, temporarily or permanently, this agreement or your permission to access and use of the websites without any notice or liability to you or any other person.
If this agreement or your permission to access or use all or any part of the websites is terminated for any reason, then this agreement and all other existing agreements between you and us will continue to apply and be binding upon you regarding your prior access to and use of the websites, and anything connected with, relating to or arising there from.
17. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement, your access to and use of the websites, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the websites in any other provinces the residents and/or users are bound by the laws of that province and the applicable federal laws of Canada). Any dispute between you and us or any other person arising from, connected with or relating to the websites, this agreement, or any related matters (collectively "disputes") will be resolved before the courts of Ontario, sitting in the city where our headquarters are in, inside Canada (and in the case of use of the websites in other provinces by residents of that province, before the courts of that province where ever it sits.), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all disputes.
18. OTHER MATTERS
If any provision of this agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this agreement and the remaining provisions will continue in full force and effect. This agreement ensures to the benefit of and is binding upon each of our enterprises and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this agreement or the rights and obligations under this agreement. We may assign this agreement and its rights and obligations under this agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this agreement will be:
- Deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party or
- Effective unless in writing and signed by all parties.
The parties have expressly requested and required that this agreement and all other 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.
Any rights not expressly granted by this agreement are reserved to us, and only us.
If you wish to report a violation to this policy, have any questions or need assistance, please contact our customer support at the below information.