Storefront.com Terms of Service (TOS)
TOS Version January 1, 2010
Please read this Agreement carefully. This Agreement governs your use of the Storefront.com (“Storefront.com” or “Publisher”) web site and the services and goods provided through or in connection with the web site (collectively the “Site”). It exempts Storefront.com and others from liability or limits their liability and contains other important provisions that you should read. Each time you use the Site, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with each provision of this Agreement each time you use the Site, you may not use the Site.
Each time you use the Site, the text of this Agreement as it then reads will govern your use. Accordingly, when you use the Site you should check the effective date of this Agreement and review any changes since the last version.
YOUR ACCEPTANCE OF THIS AGREEMENT
This Agreement is an agreement between you and Storefront.com and governs your use of the Site and any materials that you may use or allow others to use in connection with the Site (and for purposes of this Agreement, “Materials” includes User IDs, email addresses, passwords, comments, images, graphics, text and data and any other forms of communication, whether posted publicly or with password protection). Each time you use the Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “Person” includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, 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 each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, then you may not use the Site.
ACCEPTABLE USE POLICY
General Use Rules
Use of the Site must be lawful, ethical, and respectful of the legal rights and interests of all other persons, and consistent with the security and reliability of the Site and the Internet
Without limiting the above, the following rules apply to the use of the Site, which includes posting materials to the Site:
Lawful use: Use of the Site must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Site from locations where the Site may be illegal is prohibited.
Security and performance: The Site must not be used with any action, device, software or routine, which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Site or impose an unreasonable or disproportionately large load or burden on the system or its’ infrastructure.
Other person’s rights: Use of the Site must not infringe the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights).
No data collection: Use of the Site must not involve any data matching or data mining, including without limitation the collection or use of information about other Storefront.com Members and Users (including their email addresses) without their consent.
The following is a non-exhaustive list of prohibited uses of the Site and its services including email. Storefront.com reserves the right, in its sole discretion, to determine whether any use of the Site is prohibited or otherwise violates this Policy. Through the use of the free Storefront.com accounts, you agree that the Publisher shall not be responsible or liable for any loss of information howsoever arising from deletion or failure to be stored. The Publisher shall have no obligation to maintain or forward any content for you or any third party.
Uses that may violate the General Use Rules set forth above.
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, invasive of the privacy rights of others, or otherwise objectionable. (This includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct.)
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.
Uses that, may dilute or depreciate the name and reputation of Storefront.com and its affiliates or associates.
Uses that interfere with other persons’ use and enjoyment of the Site or of the Internet generally.
Uses that may disrupt, compromise or degrade the integrity, efficiency, performance or security of the Site or that may otherwise result in:
The circumvention or breach of any User authentication, password, security or control measures regarding the Site or any other Internet resource or computer system; unauthorized access to other persons’ Storefront.com accounts and materials (including materials posted to the Site) or interference with their use and enjoyment of the Site.
Uses that conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any Storefront.com representative.
Uses that contain or disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person’s permission.
The uploading, posting or transmission to the Site of any of the following materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally: materials that contain links to other Web sites or Internet resources; executable programs or audio and video recordings; materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Site or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and materials that are encrypted.
Monitoring and complaints
Storefront.com is not obliged to monitor, screen, police or edit the use of the Site, including postings of materials to the Site, although Storefront.com reserves the right to do so in its sole discretion and without any notice or liability to you or any other person.
Storefront.com will respond, as it considers appropriate, in its sole discretion, if it becomes aware of any inappropriate uses of the Site, including without limitation uses that constitute copyright infringement. You may report violations of this Policy by using the form found here. The procedure for making copyright infringement claims may be found here.
Compliance, Consequences, and Law Enforcement Disclosure
Storefront.com may in its sole discretion determine whether this Policy has been violated.
Policy violations constitute a breach of the Storefront.com Term of Service Agreement and may, in the sole discretion of Storefront.com, result in: (a) termination or suspension of permission to use the Site and any Storefront.com membership and accounts you may have; (b) restricted access to materials posted to the Site; (c) removal and permanent deletion and destruction of materials posted to the Site; and (d) other consequences; all without any notice or any liability to you or any other person.
By violating this Policy, you may incur criminal or civil liability.
Storefront.com may in its sole discretion report perceived violations of applicable law to law enforcement authorities. Storefront.com will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Storefront.com members’ personal information (including account information and payment information), and copies of materials used in connection with the Site (including materials posted to the Site).
Storefront.com’s failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.
To return to the Site, please use the “Back” button on your browser.
Changes to this Agreement
You may not change, supplement, or amend this Agreement in any manner. Storefront.com may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Site from time to time, for any reason, and without any prior notice or liability to you or any other person.
This Site may be used only by individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. This Site may not be used by individuals who have had their Storefront.com membership or account terminated or by individuals in jurisdictions where the Site, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all laws applicable in your jurisdiction.
Responsibility for Submissions
You warrant that you hold all proprietary rights, interests and title in any and all submissions you make or, in the alternative, that you have the prior written consent from any and all third parties who have proprietary rights, interests or title in any part of the Materials submitted to the Site and that those third parties will be bound by these Storefront.com Terms of Services. You assume sole and complete responsibility for any damages resulting from infringements of copyright, trademarks or any other proprietary right or harm resulting from your submissions to the Site. You are responsible for determining what portion of your submissions, if any, are proprietary to a third party. By making a submission to the Site, you grant to the Publisher the irrevocable right, interest, title and license to use, reproduce, modify, adapt, publish, translate, create derivatives of, distribute, transmit, display or otherwise use the submissions for the Publisher’s purposes including questions, comments, suggestions, or other similar uses regarding any information found on the Site or any of the services delivered by the Publisher.
You shall not use a User name, email address or URL (i) with the intent of impersonating another person or entity; (ii) without the consent of the owner of that name, email address or URL; (iii) violating any third party’s proprietary rights; or (iv) that is offensive in the sole discretion of the Publisher. The Publisher and its affiliates are not liable for any direct, indirect, incidental, special or consequential damages occurring through the use of the Site or through any breach of your warranties and obligations contained herein. The liability of the Publisher shall not, under any circumstance, exceed the total amount paid to the Publisher by you.
Fees and Charges
You are responsible for all costs associated with obtaining and operating all the hardware and software necessary to access the Site including, but not limited to, computer hardware and software, modems, telephone, internet services provider, and/or connectivity charges.
You are responsible for paying all fees and charges associated with using the Site, including any applicable taxes. All amounts appearing on the Site are quoted in Canadian dollars.
Linking and framing
This Site may contain advertisements for, and links to, other Internet sites and businesses operated by third parties (“Other Sites”). The Other Sites are independent from the Publisher and the Publisher has no responsibility or liability for or control over Other Sites, their business, goods, services or content. The Publisher does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against Storefront.com arising out of your use of any Other Sites or your dealings with the owners and operators of any Other Sites.
Governing Law and Dispute Resolution.
This Agreement, your use of the Site, all transactions through the Site, and all related matters are governed solely by 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 which would lead to the application of any other laws.
Any dispute between Storefront.com and you or any other Person arising from, in connection with, or relating to the Site, this Agreement, any transaction through the Site or any related matters must be resolved before the Courts of the Province of British Columbia, Canada sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
Any claim or cause of action you may have arising from, in connection with, or relating to your use of the Site, this Agreement, any transaction through the Site or any related matters must be commenced in a court of competent jurisdiction in Vancouver, British Columbia, Canada within one year after the claim or clause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
The Publisher makes certain services available to users of the Site who register as members (“Members”). A user can become a Member by logging on and providing a User name and password on the login form available on the Site. The Member must accept these Terms of Service in order to successfully log-on. A Member will remain a Member until the Publisher receives notification of the Member’s intention to terminate the membership. The Member warrants that the Member has provided complete and accurate information at log-on or on the Member’s profiles.
Storefront.com accounts may be accessed only by use of a unique User ID and password. The use of a password does not restrict access by Storefront.com and its service providers to the password-protected materials.
For security reasons, if you are issued a User ID and password you must keep them confidential and not disclose them to any person or permit any other person to use them. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and Storefront.com Members must log-out at the end of each session.
You are solely responsible for any use and misuse of your ID and password and for all activities that occur under your User ID and password or under any album password that you may provide to others so that they may access materials you have posted or submitted to the Storefront.com System. You must ensure that the use of your account complies with this Agreement.
You must immediately notify Storefront.com of any unauthorized use of your User ID or password you have provided to other persons, or if you know or suspect that those passwords have been lost or stolen or become known to any other person.
All User IDs and passwords remain the property of Storefront.com, and may be cancelled or suspended at any time by Storefront.com without any prior notice or any liability to you or any other person. Storefront.com is not under any obligation to verify the actual identity or authority of the User of any User ID or password. If Storefront.com, in its sole discretion, considers a password to be insecure, then Storefront.com may cancel the password.
You must respond promptly to all email and other correspondence from Storefront.com including without limitation email and correspondence concerning complaints or concerns regarding your use of the Storefront.com Site and the use of your account.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
Changes due to Errors
Storefront.com endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, Storefront.com reserves the right to change the prices, fees and charges associated with the Site and the goods and services available through the Site at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, Storefront.com cannot guarantee that goods or services advertised on the Site will be available when ordered or thereafter. Your use of the Site after such a change has been made constitutes your acceptance to the change.
Termination of Services
You may cancel your membership at any time by directing your intentions to cancellations@Storefront.com. Notice is deemed to have been received by the Publisher upon receipt by you of Storefront.com’s express acknowledgement of receipt of email transmissions. You agree that your only remedy with respect to any dissatisfaction with any of the terms and conditions, policies, practices of the Publisher, Site content available through membership or otherwise is to cancel your membership.
Storefront.com may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Site or any part of it at any time, for any reason, without any notice to you and without any liability to you or any other person. Storefront.com or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Site and any Storefront.com membership and account you may have; (ii) suspend or terminate and permanently delete and destroy any User ID, password, URL, IP address or domain name; (iii) remove from the Site and permanently delete and destroy any materials that you or others may have posted or submitted to the Site (and for purposes of this Agreement, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post); (iv) restrict access to the materials posted or submitted to the Site and to any account you may have; and (v) bar you from any future use of the Site; all without any prior notice or any liability to you or any other person.
Storefront.com and its service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any materials that you may use or allow others to use in connection with the Site (including materials posted or submitted to the Site) before Storefront.com and its service providers take any remedial action that they consider, in their sole discretion, to be appropriate.
If this Agreement is terminated by you or by Storefront.com for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Site; (b) Storefront.com may immediately remove from the Site and permanently delete and destroy any materials that you or others may have posted or submitted to the Site without any prior notice or any liability to you or any other person; and (c) any fees and charges previously paid by you for unused services will not be refunded.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY.
Storefront.com strives to make your use of the Site a useful and enjoyable experience. Nevertheless, Storefront.com and its service providers do not accept any liability for your use of the Site. For that reason, the following provisions apply to your use of the Site:
Your use of the Site, including any materials, data or information posted, submitted, downloaded or otherwise obtained through the Site, is at your own risk. You should keep your own backup copies of all materials you may use, or allow others to use, in connection with the Site, including materials posted or submitted to the Site.
You are solely responsible for provisioning, configuring and maintaining all equipment and software you use or allow others to use in connection with the Site, including all computers and related equipment and software.
You are solely responsible for, and bear all risks and liabilities associated with, all materials you may use or allow others to use in connection with the Site, including materials posted or submitted to the Site. You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Site, your breach of this Agreement, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. You are solely responsible for the manner in which the materials you may use or allow others to use in connection with the Site, including materials posted or submitted to the Site, are used by other Storefront.com Members and Site Users. Storefront.com and its service providers disclaim any and all responsibility and liability regarding all such matters.
The operation of the Site may be affected by numerous factors beyond Storefront.com’s control. The operation of the Site may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated. Password protection may not prevent unauthorized access to materials you may use or allow others to use in connection with the Site, including materials posted or submitted to the Site.
Storefront.com and its service providers are under no obligation to verify the identity of Storefront.com Members or Users of the Site. Storefront.com and its service providers do not control the materials posted or submitted to the Site and do not monitor, screen, police or edit those materials for compliance with applicable laws or this agreement. You may find some of the materials posted by other Users to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the Site.
Storefront.com and its service providers are not liable to you or any other person for any loss or damage incurred by you or any other person arising from or related to any misprints or errors on the Site, including the unavailability of any product or service you order, any delay in the availability of products or services, or any changes in the price of products or services.
The Site is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance, or durability, all of which are hereby disclaimed by Storefront.com and its service providers to the fullest extent permitted by law.
Through your use of the Site, you may have the opportunity to engage in commercial transactions with third parties. All such transactions are at your own risk Storefront.com and its service providers are not parties to any such transactions and disclaim any and all liability regarding all such transactions.
Without limiting the generality of the foregoing, Storefront.com and its service providers make no representation, warranty or condition that:
(a) the Site will meet your requirements or will be compatible with your computer and related equipment and software; (b) the Site will be available or will function without interruption or will be free of errors or that any errors will be corrected; (c) the Site, the information obtained through the Site, or any results that may be obtained through the use of the Site or the information will be accurate, complete, reliable, timely, or authentic; (d) the quality of any goods, services, information or other materials purchased or obtained through the Site will meet your expectations; (e) the use of the Site, including the browsing and downloading of any materials from the Site, will be free of viruses, trojan horses, worms or other destructive or disruptive components or bugs; (f) the use of the Site, including the downloading and reproduction of materials posted or submitted to the Site, will not infringe the intellectual property or other rights of any person; (g) password protection for materials you may use or allow others to use in connection with the Site, including materials posted or submitted to the Site, will prevent unauthorized access to those materials; or (h) the materials you may use or allow others to use in connection with the Site, including materials posted or submitted to the Site, will not be misused by any other person; and Storefront.com and its service providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
Storefront.com and its service providers will not under any circumstances be liable to you or any other person else for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the Site by you or any other person, and regardless of any negligence or other fault or wrongdoing by Storefront.com or its service providers or any other person for whom any of them is responsible, and notwithstanding that Storefront.com or its service providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
In no event will Storefront.com and its service providers ever be liable to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Storefront.com or its service providers or any person for whom either Storefront.com or its service providers are responsible, in an amount exceeding (cdn) or the pro-rated amount you paid to Storefront.com for the uses of the Site which are the subject of the claim, whichever is less.
You hereby release, remise and forever discharge Storefront.com and its service providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site.
You agree to indemnify, defend and hold Storefront.com and its service providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Site. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand.
Advice and information provided by Storefront.com or its services providers or their representatives, or through the Site, whether oral or written, will not create any representation, warranty or condition or vary or amend this Agreement, including the above disclaimers, liability exclusions, liability limitations, release and indemnity provisions, and you may not rely upon any such advice or information.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive the termination of this Agreement.
TRADEMARK AND COPYRIGHT NOTICE
All product names and marks on the Site may be registered and unregistered trademarks, service marks, or trade names of their respective owners
All Material available on the Site is protected by copyright. The Publisher owns copyright in the selection, coordination, arrangement, depiction and enhancement of the content on the Site. Any downloading, re-transmission or other copying, using or modifying trade-marks and/or content found on the site (the “Content”) except as expressly provided in this Agreement, is strictly prohibited. In the event that the Publisher grants you written permission to use the Content, you shall not make any changes or deletions to the author attributions, trademarks or copyright notices. You shall not display the Content in any format where a third party advertising or other Material is viewed together with the Content. Nothing found on the Site or elsewhere shall confer, or be construed to confer, by implication, estoppel or otherwise, any license or right to use any copyright, trademarks or trade names displayed on the Site.
Storefront.com respects the privacy of its Users. The Storefront.com Privacy Statement is available here. Storefront.com may change the Privacy Statement from time to time in its sole discretion. By accepting this Agreement, and each time you use the Site, you consent to Storefront.com’s collection, use and disclosure of your personal information in accordance with the Privacy Statement without any further notice or any liability to you or any other Person.
You consent to Storefront.com and its service providers monitoring, editing, screening and policing your use of the Site and the activity in your accounts, including postings and submissions of Materials to the Site, without any further notice or any liability to you or any other Person. Storefront.com and its service providers are not under any obligation to engage in such monitoring, editing, screening or policing, but may do so as they consider appropriate in their sole discretion.
These Terms of Service, as amended from time to time by Storefront.com, and any applicable transaction agreements, constitute the entire Agreement between you and Storefront.com relating to your use of the Site and supersedes all previous agreements, written, oral or otherwise, between you and Storefront.com with respect to your use of the Site. No waiver, express or implied, by the Publisher will constitute a continuing waiver of any breach or default or be deemed to be a waiver of any preceding or subsequent breach or default by you of the terms and conditions herein. Headings used in and the arrangement of this Agreement are for the convenience of the reader only and are of no legal import.
If any provision of these Terms of Service is wholly or partially unenforceable for any reason, then that provision or part thereof will be deemed to be severed from the rest of the Agreement without in any way invalidating or impairing the remaining provisions. You and Storefront.com are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Site.
The provisions of this Agreement enure to the benefit of and are binding upon Storefront.com and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express written consent of Storefront.com, which may be withheld in Storefront.com’s sole discretion. Storefront.com and its service providers may assign this Agreement in their respective rights and obligations under this Agreement without your consent.