Updated: August 23, 2018
Registration (if applicable)
By using this site you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
- Restrict or inhibit other users from using the Services.
- Violate any applicable laws, rules, or regulations.
- Express or imply that any statements you make are endorsed by us.
- Engage in spamming or flooding.
- Access or use (or attempt to access or use) another user’s content without permission.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or the Website.
- Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website.
- “Frame” or “mirror” any portion of the Website, or link to any page from the Website without our prior written authorization.
- Order or purchase Services through the Website if you are not 18 years of age or older, or have the specific permission of a parent or legal guardian.
By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
If you choose to upload or otherwise submit any material through the Website, including without limitation, video photographs, images, text, graphics, sounds, data, or files to the Website, by uploading such video or photographs you represent and warrant that: (1) you own or otherwise possess all necessary rights with respect to your Submissions; (2) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party; and (3) you hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request).
We may request that you submit evidence of your ownership of or right to use your Submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
Obligations & Responsibilities
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Website, we are acting only as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any such content. We do not and cannot review all communications and materials posted to the Website, and we are not responsible for the content of such communications and materials. All such content is offered AS IS, and you view and use it at your own risk. You acknowledge and agree that we may (but are not obligated to) do any of the following, at our discretion: (1) monitor and/or filter any Submissions; (2) remove or refuse to send, transmit, or otherwise use any Submission (including without limitation, by suspending the processing and shipping of any order related to any Submission); and/or (3) disclose any Submission, and the circumstances surrounding the transmission or use thereof to any third party.
Our Use of Information Submitted
You agree that we are free to use any comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
Order Acceptance & Payment
We reserve the right at any time after receipt of your order to either accept or decline your order for any reason. We reserve the right at any time after the receipt of the order, to supply less than the quantity you ordered of any item. Some circumstances under which we may cancel the order may include but are not limited to 1) defects or damages found at the time of shipping, 2) errors in the product description, quantity and pricing on our website or catalog (if applicable), 3) due to any typographical error, (4) if an item is out of stock or no longer available, (5) we become aware of a product safety concern, or (6) if a product is in violation of copyright or infringement laws or any other legal issue. By placing an order, you accept and agree that the total liability of us under any legal claims whatsoever, shall be limited to the amount of money you have paid solely and only for placing the order. If your order is rejected or limited by us, your exclusive and sole remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card had been charged for the order), (b) we will issue a check for the amount paid by you if payment was received check (if applicable/accepted) or (c) we will not charge your credit card for the cancelled portion of the order of the quantity not provided. It will be in our sole discretion how to refund, refinance, or replace an item with a similar or identical product.
For each product or service you order from the website, you agree to pay the price applicable for the product or service (including applicable sales tax, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless agreed upon an alternative billing arrangement in writing, we will automatically bill your credit card submitted as part of the order process. By using a credit or debit card you signify that you are the rightful owner of the card. We shall not be responsible for inappropriate credit card use nor shall we bear the responsibility to verify credit card owner.
All trademarks, service marks and trade names of ours used on the Website are trademarks or registered trademarks of us in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
The entire content of the Website, including but not limited to text, graphics and code, is our property. We grant you permission to electronically copy and print hard copy portions of the Website solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Website content is strictly prohibited, unless authorized by us in writing.
We respect the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide our Copyright Agent with a written notice containing the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you believe has been infringed;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringed is located on the site;
- information on how to contact you including your address, telephone number, and email address, if available;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Claims of infringement should be mailed via certified mail, return receipt requested, to the following address:
Sticky Business Inc.
401 Garbally Street, Unit 101
Victoria, BC V8T 5M3
Warranty Disclaimer & Liability Limit
To the fullest extent permissible under applicable law, we present the Website and the Services “AS IS” and without any warranty of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected or that this Website or the server that makes this website available are free of viruses or other harmful components. In the event of any breach of any warranty, your exclusive remedy shall be that we shall, at our option, repair, replace, or refund the price you paid for any defective goods. We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website's accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you.
By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.