TERMS AND CONDITIONS
Last Revised: January 19, 2020
CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
Spankinc.ca reserves the right, at any time and without prior notice, to modify, alter, or update this Agreement. The date of the most recent revision will appear on this page. Your continued access to the Site and use of the Services will represent your acceptance of any changes or revisions made to the Agreement. Spankinc.ca also reserves the right to post, at any time, additional rules of usage that apply to specific parts of the Spankinc.ca Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules. The materials within the Spankinc.ca website may be used for informational purposes only. By downloading or copying any of the materials contained in any and all of the Spankinc.ca web pages, you agree to the terms and provisions as outlined in this legal notice. If you do not agree to them, Spankinc.ca asks that you do not use the Site or download its materials.
SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services. Spankinc.ca reserves the right to terminate any user’s access to or use of the Site for any reason and without prior notice. Spankinc.ca also reserves the right without prior notice or warning, at any time and for any reason, to terminate the Site, any portion of the Site website, or any Products or Services offered through the Site.
OWNERSHIP OF THE SITE AND SITE INFORMATION
The contents of the Spankinc.ca pages are Copyright© 2017 Spankinc.ca , and the Site is expressly owned and operated by Spankinc.ca. Unless otherwise noted, the design and content features on the Site, including information and other material, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by Spankinc.ca or its affiliates. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Spankinc.ca is prohibited except if it is in accordance with the following terms. Spankinc.ca consents to you browsing these web pages on your computer or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by Spankinc.ca. Individual documents of the web pages may be subject to additional terms indicated in those documents. The use of this Site and the content therein is permitted to private, non-commercial use. The use of press releases and other documents classified as public is permitted in public communications if the source of the information has been stated.
SITE INFORMATION IS PROVIDED “AS IS”
The Spankinc.ca website and the contents herein are provided as a convenience to you. Site Information is provided “as is” with all faults. Your use of the Site Information, as authorized herein, is at your own risk. Spankinc.ca does not warrant that its web pages will be uninterrupted or error-free. Site Information may contain errors, omissions, or typographical errors or may be out of date. Spankinc.ca may revise, change, delete or update any Site Information at any time and without prior notice. Spankinc.ca reserves the right to withdraw access to the Site at any time.
Use of the Service by You
You may view and use the Site Information only for your personal use as well as for shopping and ordering on the Site. Except as set forth in this Agreement, Spankinc.ca does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the Spankinc.ca Site and the Services is personal to you — you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Spankinc.ca . Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
REGISTRATION WITH Spankinc.ca
You will need to provide us with certain information, including your name, address, phone number and email address, to open an account with us. If necessary, we will assist you in creating a user ID and a password to protect your account information.
SHOPPING CART ORDERS
When you request to purchase items found in your shopping cart, we will forward your request and certain account information to the applicable e-commerce service provider for processing. The sales transaction will occur and be concluded on the service provider’s site and not on the Spankinc.ca Site.
USE OF CONTENT SUPPLIED BY YOU
THIRD PARTY LINKAGES
You acknowledge that Spankinc.ca has not reviewed, does not endorse, and has no control over the content of third party sites linked to and from the Site and is not responsible for the content or actions of these other sites, including those third party sites that may display Spankinc.ca logo or branding. Spankinc.ca cannot assume any responsibility for material created or published by such third-party sites. Your linking through the Site to any third party site is at your own risk.
To facilitate the Site’s accessibility, Spankinc.ca may include links to other Internet sites that are owned or operated by third parties. By linking to such third-party sites, you shall review and agree that Spankinc.ca has no control over the content of that site and cannot assume any responsibility for material created or published by such third party sites. In addition, a link to a non-Spankinc.ca site does not imply that Spankinc.ca endorses the products or services referenced in the third party site, even if the site displays the Spankinc.ca logo or branding.
Spankinc.ca respects the intellectual property of others and we ask our users to do the same. Spankinc.ca may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Spankinc.ca in writing by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512, to the address set forth below:
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, Spankinc.ca , ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. Spankinc.ca, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OMISSIONS, LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF Spankinc.ca
NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. Spankinc.ca SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF Spankinc.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURIDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Spankinc.ca WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Spankinc.ca, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH Spankinc.ca, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE Spankinc.ca AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
THE SECURITY OF THE SITE
We maintain physical, electronic, procedural safeguards and personal policies that are designed to guard Spankinc.ca , our systems and our customers’ personal information. For example, for the security of your online visit to the Site, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Spankinc.ca cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you if necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with Spankinc.ca.
When you visit the Site or send emails to us, you are communicating with us electronically. You thus consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically fulfill any legal requirement that such communications should be in writing.
JURISDICTION AND GOVERNING LAW
Spankinc.ca makes no claims that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Province of Quebec and any action based on or alleging a breach of this Agreement must be brought before the courts of the Province of Quebec located in Montreal, Quebec, Canada. In addition, both parties irrevocably and unconditionally attorn to the exclusive jurisdiction of the Courts of the Province of Quebec, district of Montreal, for any claim relative to this Agreement.
To facilitate the Site’s accessibility, the Spankinc.ca web pages may include links to other Internet sites that are owned or operated by third parties. By linking to such third party sites, you shall review and agree that Spankinc.ca has no control over the content of that site and cannot assume any responsibility for material created or published by such third party sites. In addition, a link to a non-Spankinc.ca site does not imply that Spankinc.ca endorses the site or the products or services referenced in such third-party site.