Terms & Conditions
Welcome to the Sexy in Lace terms and conditions, which apply to your use of
the Sexy in Lace Website. By accessing this Website, you agree to be bound by
them.
DEFINITIONS "Conditions" means these terms and conditions: "Personal
Information" means any personal details provided by you via the Website; "User(s)"
means (a) user(s) of the Website either collectively or individually, as the
context requires; "We/us/our" means Sexy in Lace, "Website" means the website
located at www.sexyinlace.com/ or any subsequent URL which may replace it; and "You/your"
means you as a user of the Website.
1 ACCESS We will provide you with access to the Website in accordance with these
Conditions.
2 YOUR OBLIGATIONS
2.1 You: 2.1.1 agree not to use the Website (or any part of)
for any illegal purpose and agree to use it in accordance with all relevant
laws; 2.1.2 agree not to upload or transmit through the Website any computer
viruses, macro viruses, trojan horses, worms or anything else designed to
interfere with, interrupt or disrupt the normal operating procedures of a
computer; 2.1.3 will not upload or transmit through the Website any material
which is defamatory, offensive, or of an obscene or menacing character, or that
may cause annoyance, inconvenience or needless anxiety; 2.1.4 will not use the
Website in a way that may cause the Website to be interrupted, damaged, rendered
less efficient or such that the effectiveness or functionality of the Website is
in any way impaired; 2.1.5 will not use the Website in any manner which violates
or infringes the rights of any person, firm or company (including, but not
limited to, rights of intellectual property, rights of confidentiality or rights
of privacy); 2.1.6 agree that in the event that you have any right, claim or
action against any Users arising out of that User's use of the Website, then you
will pursue such right, claim or action independently of and without recourse to
us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us
against) all claims, liability, damages, losses, costs and expenses, including
legal fees, suffered by us and arising out of any breach of the Conditions by
you or any other liabilities arising out of your use of the Website, or the use
by any other person accessing the Website using your PC or internet access
account.
4 OUR RIGHTS
4.1 We reserve the right to: 4.1.1 modify or withdraw, temporarily
or permanently, the Website (or any part of) with or without notice to you and
you confirm that we shall not be liable to you or any third party for any
modification to or withdrawal of the Website; and/or 4.1.2 change these
Conditions from time to time, and your continued use of the Website (or any part
of) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether the Conditions
have been changed. If you do not agree to any change to the Conditions then you
must immediately stop using the Website.
4.2 We will use our reasonable
endeavours to maintain the Website. The Website is subject to change from time
to time. You will not be eligible for any compensation because you cannot use
any part of the Website or because of a failure, suspension or withdrawal of all
or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS In an attempt to provide increased value to our Users, we
may provide links to other websites or resources. You acknowledge and agree that
we are not responsible for the availability of such external sites or resources,
and do not endorse and are not responsible or liable, directly or indirectly,
for the privacy practices or the content (including misrepresentative or
defamatory content) of such websites, including (without limitation) any
advertising, products or other materials or services on or available from such
websites or resources, nor for any damage, loss or offence caused or alleged to
be caused by, or in connection with, the use of or reliance on any such content,
goods or services available on such external sites or resources.
6 MONITORING We have the right, but not the obligation, to monitor any activity
and content associated with the Website. We may investigate any reported
violation of these Conditions or complaints and take any action that we deem
appropriate (which may include, but is not limited to, issuing warnings,
suspending, terminating or attaching conditions to your access and/or removing
any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply
with applicable UK Data Protection legislation from time to time in place.
7.2
You should be aware that: 7.2.1 if we are requested by the police or any
regulatory or government authority investigating suspected illegal activities,
or upon receipt of a court order, to provide your Personal Information and/or
information concerning your activities whilst using the Website we shall do so;
and
7.3 We reserve the right in our reasonable discretion to disclose details of
your use of the Website in relation to any, or any threatened, Court Proceedings
in connection with your use, or the use of anyone under your control, of the
Website whether in connection with the matters set out in these Conditions or
otherwise.
7.4 Please view our Privacy Policy, which forms part of these
Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all
copyright, trademarks and all other intellectual property rights in all material
or content supplied as part of the Website shall remain at all times vested in
us or our licensors. You are permitted to use this material only as expressly
authorised by us.
8.2 The Website is Copyright, Sexy in Lace, 2005-2011. All
rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these
Conditions: 9.1.1 by post to Sexy in Lace 1 228 Hunter St East. Hamilton,
Ontario Canada. L8N 1N3; 9.1.2 by email to sexyinlace@gmail.com 9.2 As proof of
sending does not guarantee our receipt of your notice, you must ensure that you
have received an acknowledgement from us, which will be sent within 3 working
days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO
VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO
WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The
Website is provided on an "as is" and "as available" basis without any
representation or endorsement. Unless specified in separate terms and conditions
related to a particular product or service, we make no warranties of any kind,
whether express or implied, in relation to the Website, or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) including but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility,
security, accuracy, condition or completeness, or any implied warranty arising
from course of dealing or usage or trade.
10.3 Unless specified in separate
terms and conditions related to a particular product or service, we make no
warranty that the Website or products or services offered on the Website whether
by us or on our behalf (including free software downloads) will meet your
requirements or will be uninterrupted, timely, secure or error-free, that
defects will be corrected, or that the Website or the server that makes it
available or products or services offered on the Website whether by us or on our
behalf (including free software downloads) are free of viruses or bugs or are
fully functional, accurate, or reliable. We will not be responsible or liable to
you for any loss of content or material as a result of uploading to or
downloading from the Website.
10.4 Notwithstanding any other provision in the
Conditions, nothing shall limit your rights as a consumer under Canada law.
10.5
You acknowledge that we cannot guarantee and therefore shall not be in any way
responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you.
10.6 We will not be liable in
contract, tort or otherwise if you incur loss or damage connecting to the
Website through a third party's hyper-text link.
10.7 We will not be liable, in
contract, tort (including, without limitation, negligence), pre-contract or
other representations (other than fraudulent misrepresentations) or otherwise
out of or in connection with the Website or products or services offered on the
Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
10.7.2 any loss of
goodwill or reputation; or 10.7.3 any special or indirect or consequential
losses; in any case whether or not such losses were within the contemplation of
either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents or
employees.
11 SEVERANCE If any part of the Conditions shall be deemed unlawful, void or for
any reason unenforceable, then that provision shall be deemed to be severable
from these Conditions and shall not effect the validity and enforceability of
any of the remaining provisions of the Conditions.
12 WAIVER Nothing shall be construed as a waiver by us of any preceding or
succeeding breach of any provision.
13 SURVIVAL Each provision of these Conditions shall be construed as separately
applying and surviving even if for any reason one or other of those provisions
is held to be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT These Conditions (as amended from time to time) contain the
entire agreement between you and us relating to the subject matter covered and
supersede any previous agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters. No oral
explanation or oral information given by either of us shall alter the
interpretation of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation save insofar as the
same has expressly been made a representation in these Conditions and you agree
that you shall have no remedy in respect of any misrepresentation which has not
become a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation whether or
not such has become a term of these Conditions.
15 LAW The Conditions will be exclusively governed by and construed in
accordance with the laws of Canada whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole
discretion, to commence and pursue proceedings in alternative jurisdictions.