We-Vibe.com Website Terms and Conditions of Use
This version in effect since February 15, 2013.
1. ACCEPTANCE OF TERMS
Welcome to the Internet Site of Standard Innovation Corporation (the “Website”). This Website is owned and operated by Standard Innovation Corporation or its subsidiaries and affiliates (“SIC”).
The use of this Website is subject to the terms and conditions outlined below (the “Terms and Conditions”).
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND BY ANY AND ALL OTHER POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, OR YOU DO NOT BELIEVE THAT THEY ARE REASONABLE, YOU ARE NOT AUTHORIZED TO ACCESS THIS WEBSITE.
2. AGE OF MAJORITY
In order to access this Website, you must be over the age of 18 or over the age of majority in the jurisdiction in which you reside and be lawfully able to accept the Terms and Conditions.
If you are using the Website on behalf of any entity, you must comply with the Terms and Conditions and be authorized to accept the Terms and Conditions on such entity’s behalf.
3. ACCEPTABLE USE
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to this Website without SIC’s express written consent.
You must not use this Website for any purposes related to marketing any product that is not sold already through this website by SIC without SIC’s express written consent and in any event only as is provided in section 6 below.
4. WEBSITE CONTENT AND TRADE-MARKS
Standard Innovation®, We-Vibe®, the We-Vibe® logo, We-Vibe® II, We-Vibe® 3, We-Vibe® Touch, We-Vibe® Tango, We-Vibe® Salsa, TouchTM, TangoTM, SalsaTM, ThrillTM, Thrill by We-VibeTM, Touch by We-VibeTM, Tango by We-VibeTM, “Share the Pleasure” and “Worn while making love”, as well as any other marks displayed on this Website, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts of SIC, and any other distinctive indicia of SIC are registered and unregistered trade-marks owned by SIC (the “Trade-marks”). You may not use the Trade-marks in any manner including in any metatags or any other “hidden text” without SIC’s express written permission and except as provided in section 6 below.
SIC owns all rights, including intellectual property rights, in the Website including in all materials on or comprising the Website, including all information, data, design, images, sound, photographs, video, illustrations, links, icons, graphics, Trade-marks, headers, text and any object or source code utilized in the Website software, and any portion thereof (collectively, “Content”). All such rights are expressly reserved.
Reference by SIC to any other trade-marks, products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by SIC.
5. USE LICENCE
SIC grants you a limited licence to view and browse this Website and to print individual pages from this Website for your own personal, non-commercial use, provided that you agree to and accept without modification these Terms and Conditions. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content from this Website without the express written permission of SIC. Your use of this Website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. SIC reserves complete title and full intellectual property rights in any material that you may copy or print from this Website.
The Website contains links to third party websites that are not owned or controlled by SIC. SIC makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under the control of SIC and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SIC provides these links to you only as a convenience, and the inclusion of any link does not imply approval, affiliation, endorsement or adoption by SIC of any site or any information contained therein.
When you leave the Website, you should be aware that while our Terms and Conditions, as well as our policies, still govern in respect of the Website, they are not applicable to third party websites. If you visit any of the linked sites, we urge you to review their respective terms and conditions as well as their policies on privacy and security.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SIC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You may not use a screenshot of any SIC Trade-mark, logo or other proprietary information, including the Content of this site, without SIC’s express written consent.
You may not use a Trade-mark of SIC to link to this Website without the express written permission of SIC. On receipt of that permission, the following terms and conditions apply:
- You can make a reference online to We-Vibe or any of our Trade-marks to describe our products and services, but your reference must be truthful, and cannot suggest that you are affiliated or partnered with, approved, sponsored or endorsed by, SIC.
- Textual references to We-Vibe or our other Trade-marks should never be hyperlinked to anything but the we-vibe.com home page or the specific we-vibe.com product page associated with the hyperlinked Trade-mark.
- Do not use any of our Trade-marks in a way that is deceptive, harmful, obscene or otherwise objectionable to SIC.
- You may not present or feature our Trade-marks on websites containing content associated with pornography, gambling or illegal activities.
- You may not combine our Trade-marks, or any element of our Trade-marks, with your own name, mark or generic terms. To be clear, the Trade-marks must not be incorporated or used in any manner as part of, or in close proximity to, another company’s name, domain name/website, product or service name, logo, trade dress, design, slogan or other trade-marks. The Trade-marks must never appear with any other symbol or icon (except the trade-mark symbols ® or TM), be contained within a box, circle, or other shape, or combined with any other name, logo or icon to create a co-branded logo.
- You may not use any other marks or logos to represent or reference our products or services.
- Do not use trade-marks, logos, or other content that are confusingly similar to the Trade-marks.
- Do not modify or alter the Trade-marks or use them in a way that is likely to create confusion between CIS/We-Vibe and any another brand or entity.
- You may not attempt to get rights in the Trade-marks, or any confusingly similar approximations, whether by trade-mark registration, domain name registration or otherwise. In the event that you do acquire any unauthorized rights in or to any Trade-marks, you must promptly assign them to us without compensation.
- We require the use of either the ® or the ™ trade-mark attribution symbols with our Trade-marks.
7. USER ACCOUNTS
To access some features of the Website, you may have to register for a We-Vibe user account or partner account. When registering a user or partner account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user or partner account. You must keep your account password secure. You must notify SIC immediately of any breach of security or unauthorized use of your user or partner account. Although SIC will not be liable for your losses caused by any unauthorized use of your user or partner account, you may be liable for the losses of SIC or others due to such unauthorized use.
All login names and passwords remain the property of SIC, and may be cancelled or suspended at any time by SIC without any notice or liability to you or any other person. SIC is not under any obligation to verify the actual identity or authority of the user of any login name or password.
By registering a user or partner account you give SIC permission to send you periodic information on sales and promotions.
By registering a partner account you acknowledge that you have agreed to the terms and conditions in our We-Vibe Partner Agreement.
8. USER CONTENT: PRIVACY
In the Terms and Conditions, user content means material including, without limitation, text, images, audio material, video material and audio-visual material that you submit to this Website, for whatever purpose (collectively, “User Content”). You may be able to post or upload (in designated areas of the Website) User Content to the Website.
You represent and warrant that you own or have the rights to use and license SIC to use the User Content in the manner contemplated by the Website and the Terms and Conditions.
You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Website, you automatically grant SIC a worldwide, irrevocable, non-exclusive, royalty free license to use, reproduce, modify, translate into different languages or formats, publish and distribute such User Content on the Website, or in any existing or future media, for the purpose of sharing the User Content with users and visitors of the Website and to promote the Website. You also grant to SIC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SIC or a third party (in each case under any applicable law).
You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
SIC reserves the right to edit or remove any material submitted to, hosted on or published upon this Website, or stored on SIC’s servers.
Your use of this Website is entirely at your own risk. All content on this Website is provided on an “as is” and “as available” basis. SIC disclaims, and you hereby waive, any and all warranties, conditions and liabilities of any kind, whether express or implied, arising by operation of law or otherwise, with respect to this Website or any other Internet site linked to this Website and any content on this Website or any other Internet site linked to this Website, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. SIC does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website.
SIC is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
SIC assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting, your computer equipment or other property on account of your access to, use of, or browsing on the Website or your use, as permitted in section 5 above, of any Content from the Website.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
10. LIMITATIONS OF LIABILITY
In no event shall SIC, its directors, officers, employees, affiliates, agents, subsidiaries, successors or assigns, subcontractors or other representatives (“Third Parties”) be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), strict liability or otherwise, to you or any other person for any loss (including any business loss, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data) or for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, this Website or any content on this Website, even if SIC or other Third Parties have been advised of the possibility of such damages.
IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT HEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE.
If any portion of this limitation is found to be invalid or unenforceable for any reason, then SIC’s total liability to you shall in no event exceed fifty dollars ($50).
11. ERRORS, INACCURACIES OR OMISSIONS
SIC makes every effort to ensure that the Content on this Website is complete and current. However, SIC does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. SIC reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.
12. PRODUCT PURCHASE TERMS AND CONDITIONS
- Products and Availability
This Website displays products available for purchase, however not all products are available at all times and products may be changed, substituted or discontinued at any time. SIC attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Warranty information regarding products is available to you on our Warranty page.
While we use our best efforts to fulfill all orders, SIC cannot guarantee the availability of any particular product displayed on this Website. SIC reserves the right to discontinue the sale of any product listed on this Website at any time without notice.
- Product Prices
Product prices offered on this Website may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Website are quoted in CDN dollars or in US dollars depending on the jurisdiction from which you access this Website. Prices are valid and effective only within their respective Canadian or US jurisdictions, and such prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.
- Payment Options
SIC accepts VISA and MasterCard credit cards. We do not accept cash, cheques or COD for online orders.
SIC will use commercially reasonable efforts to deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that SIC will not be held responsible for any delays in shipping or delivery.
SIC warrants that the goods or services purchased hereunder will be free from defects in material, workmanship and design, and fit and sufficient for the purposes intended. For details on product warranty, see our Warranty page.
- Regulatory Compliance
For regularity compliance of any applicable product(s), see our Regulatory Compliance page.
SIC has the right at any time to make changes in drawings, specifications, materials, packaging, time and place of delivery, and method of transportation. You hereby agree to accept any such changes subject to this section.
While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. SIC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
For further information about purchasing products from SIC, please read our FAQs and Warranty pages.
13. UNENFORCEABLE PROVISIONS
If any provision of the Terms and Conditions are, or are found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms and Conditions.
If any term or provision of the Terms and Conditions, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction or other competent authority to be invalid, unenforceable or void, the remainder of the Terms and Conditions and such term or provision as applied to other persons, places and circumstances shall remain in full force and effect.
You hereby indemnify SIC and undertake to keep SIC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SIC to a third party in settlement of a claim or dispute on the advice of SIC’s legal advisers) incurred or suffered by SIC arising out of any breach by you of any provision of the Terms and Conditions, or arising out of any claim that you have breached any provision of the Terms and Conditions.
16. BREACHES OF THE TERMS AND CONDITIONS
Without prejudice to SIC’s other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, SIC may take such action as SIC deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
SIC may revise the Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
18. LAW, JURISDICTION AND LANGUAGE
Any matter that arises out of your use of this Website shall be governed by the laws of the Province of Ontario, in the country of Canada. All contracts shall be concluded in English.
SIC may transfer, sub-contract or otherwise deal with SIC’s rights and/or obligations under the Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms and Conditions.
20. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between SIC and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous agreements or communications, whether electronic, oral or written between SIC and you with respect to such subject matter.