Terms and Conditions
Last Revised: February 1, 2017
These Terms and Conditions of Use (the “Terms”) govern your access to and use of the Pacific Threads website, including but not limited to www.pacificthreads.ca, its affiliate sites, subdomains, mobile versions, and any associated applications (collectively, the “Site”).
The Site is owned and operated by 2L Ventures Inc. (together with its affiliates, “2L Ventures”).
By accessing or using the Site, you agree that you have read, understood, and agree to be bound by these Terms. You also agree that your access to and use of the Site is a valuable benefit that you receive by agreeing to and complying with these Terms. If you do not agree to these Terms, you may not access or use the Site.
Ownership and Restrictions on Use
You acknowledge that all Site Content is protected by national and international copyrights, trademarks, service marks and other intellectual property and proprietary rights and laws and are owned by 2L Ventures or our licensors. Unless otherwise indicated, all trademarks, service marks, logos, names, trade dress and marks on the Site are trademarks or service marks of, or used under license by, 2L Ventures.
The use or misuse of any of these materials is strictly prohibited, subject to these Terms. 2L Ventures does not grant any license to you with respect to the Site, the Site Content or the intellectual property rights therein by virtue of these Terms, except for the limited right to use the Site in accordance with these Terms, and therefore you may not reproduce or use any of these materials without our prior written consent. Any product or trade names that are mentioned or displayed on the Site or are provided as part of the Services may be trademarks or service marks of their respective owners (which does not necessarily imply their endorsement or a connection with 2L Ventures).
We may restrict your access to part or all of the Site or Site content if we believe that you are in breach of these Terms or applicable laws, or for any other reason, at our complete discretion, without prior notice to you or liability to us.
Your Use of the Site
You may access, browse and use the Site and Site Content only for your personal use and for engaging in the Services directly with 2L Ventures in accordance with these Terms, unless specifically authorized by 2L Ventures in writing.
You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site or Site Content, in whole or in part, except as expressly provided in these Terms or with the prior written consent of 2L Ventures.
You agree that you will not post, submit or otherwise transmit through the Site any form of virus, worm, Trojan horse or other malicious code. You further agree that you shall not attempt to gain access to secured sections of the Site to which you do not possess access rights to. You also agree not to post or submit any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights and the burden of determining that any material is not protected by copyright rests with you.
Any conduct by you that in the discretion of 2L Ventures restricts or inhibits any other user from using or enjoying the Site or to interfere in any way with the proper functioning of the Site will not be permitted and without limiting the foregoing, 2L Ventures may, in its sole discretion decide to ban any such users it considers to be in violation of these Terms.
You agree that you shall not access the Site if you are under the age of 13. You agree that you have obtained the permission of your legal guardian to access the site if you are between the ages of 13 to 18.
In order to fully access all Services provided through the Site, you may be required to register for an account with the Site. In the event that you choose to register for an account, we may ask you to provide us with general information about yourself, which you agree to provide truthfully and completely and to maintain and update such information as required. Upon registration, you will be provided with log-in information (including a username and password, of you choosing) which you shall be solely responsible for maintaining the confidentiality of. You agree that you shall not share your log-in information with anyone else and that you shall be solely responsible for any activities which take place under your account. You agree to immediately notify 2L Ventures in the event that you believe your log-in information or account may be breached or accessed by anyone else.
In order to fulfill orders placed by you through the Site and Services, you will be required to provide us with further information related to your shipping address and payment processing information, including but not limited to credit card information. You represent and warrant to 2L Ventures that you are authorized to provide such information to us that such information is complete and accurate. You shall be responsible for payment of applicable taxes at the time of checkout.
Risk and Cancellations
Upon delivering the contents of your order to the delivery and shipment service provider, all risk associated with your order (including loss or damage) shall be passed to you. 2L Ventures shall retain the ability to cancel any orders placed through the Site at any time and for any reason.
The Site may contain content and links to websites and services of third-parties, including, without limitation, advertisements of third party produces and services. We do not approve, warrant, endorse, or otherwise make any representation whatsoever about any third-party content (including but not limited to opinions, advice, warranties, or representations) or any third-party website that may be accessed through the Site, and under no circumstances shall 2L Ventures be liable in any way for such third-party content.
Your business dealings with any third-parties who you have connected with through the Site, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third-parties and we are not responsible or liable for any loss or damage of any nature that you may incur as a result of such dealings.
Linking to the Site
You agree that if you include a link from any website to the Site, such link shall open in a new browser window and shall link to the full version of the Site. You may not link directly to any Site Content in any manner that causes the Site, or any page of the Site, to be “framed”, surrounded or obfuscated by any third-party content, materials or branding. We may, at any time, and in our sole discretion, for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.
Submission of Content & Grant of License
Parts of the Site and Services may allow you to post, upload or submit content, including but not limited to images, designs, comments, information and wording, to the Site (“Content”). If you do post, upload or submit Content to the Site, 2L Ventures is under no obligation to use the Content. By submitting the Content, you waive any right to attribution (i.e., indication that you are the author or owner of the Content) or integrity (i.e., prior approval of changes).
By submitting Content to 2L ventures, you: (i) represent and warrant that the Content is your own and that you control such content, or otherwise have the right to grant to us the license to the Content granted herein, and that the Content does not violate any rights of any third-party and does not otherwise violate the law; (ii) shall provide 2L Ventures with evidence of the rights set out above upon request; (iii) represent that you have no expectation of compensation (other than what is expressly agreed upon between 2L Ventures and you in writing) or confidentiality of any nature with respect to the Content; and (iv) grant to 2L Ventures and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use the Content, for any purpose that we may choose (including advertising and marketing purposes), in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you (other than what is expressly agreed upon between 2L Ventures and you) or any third-party (it being understood that the foregoing shall include the right to exploit any and all intellectual property and proprietary rights in the Content, including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world).
As 2L Ventures shall not be taken to assert any ownership rights over the Content, you are solely responsible for maintaining all copies and records of the Content, and 2L Ventures shall be in no way liable to you with respect to the deletion or failure to maintain any of the Content. In any event, 2L Ventures may, at their sole discretion, maintain and disclose the Content for the purposes of complying with legal requirements and requests of the government, or to assist with enforcing these Terms and protecting the rights of, and responding to claims by, third-parties.
Intellectual Property Infringement Claims
In the event that 2L Ventures receives notification that the Content violates or infringements the intellectual property rights, or any other right of a third-party, we are authorized, in our full discretion, to terminate or delay any orders placed by you through the Site, and maybe assist with any investigation into such an infringement, or provide your contact information to any third-party who provides adequate evidence of an infringement of their rights.
In the event that you believe a user of the Site has violated or infringed your rights, please contact 2L ventures at the email set out at the bottom of these Terms immediately. We shall request, and you will be required to provide us with, satisfactory evidence of the infringement.
Submission of Your Ideas and Suggestions
Any communications between you and 2L Ventures, including by email or in any other form of correspondence, in which you provide ideas, suggestions, know-how, concepts, techniques, comments, criticisms, reports or other feedback (“Feedback”), will be deemed to be non-confidential and non-proprietary and you agree that such Feedback may be used by 2L Ventures without any limitation whatsoever. You grant to 2L Ventures and its affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license to use any such Feedback in any manner or media, globally, forever, and without any obligation to you. This includes the right to use any Feedback you submit in any manner that 2L Ventures chooses. Notwithstanding the foregoing, we are not obligated by these Terms to proceed with or conclude any agreement or transaction with you concerning any such feedback. If you do not wish to grant these rights, do not share, submit or post any Feedback on or through the Site, or to 2L Ventures in any way.
We reserve the right to modify, suspend, or discontinue the Site and/or access to any Site Content, or any part thereof, at any time and without notice to you, and we will not be liable to you should we exercise such rights, even if your use of the Site is impacted by the change.
Right to Monitor
We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Site by our users, and we are not responsible for any such materials. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable laws.
With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over content posted, uploaded or submitted by users of the Site. We do not independently verify the representations and warranties made by the users of the Site. We are not responsible for the content that you or any user posts on the Site and your reliance on any such content is solely at your own risk.
THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WITHOUT LIMITING ANY RIGHTS GRANTED TO YOU BY 2L VENTURES WITH RESPECT TO RETURNS AND REFUNDS (AS SET OUT IN OUR RETURN POLICY), THE SITE AND SITE CONTENT ARE PROVIDED WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY CONDITION OR WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY CONDITIONS OR WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT AND ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOU, OR FOR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS. NO ADVICE, RESULT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ANY INFORMATION WE PROVIDE ON THE SITE IS OF A GENERAL NATURE ONLY, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY CONCERNING ANY ACTION THAT ANY PERSON MAY TAKE BASED ON ANY INFORMATION OR GUIDANCE PROVIDED AT THE SITE. WE ARE NOT LIABLE FOR ANY ERRORS, OMISSIONS, OR INACCURATE SITE CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE ALL USE OF THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, UNDER NO THEORY OR LIABILITY, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY WILL 2L VENTURES OR ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SITE CONTENT, OR FOR ANY INFORMATION, SOFTWARE APPLICATION, PRODUCTS, MERCHANDISE OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 2L VENTURES’ TOTAL LIABILITY TO ANY USER, FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION, EXCEED THE GREATER OF THE AMOUNT THE USER HAD PAID TO 2L VENTURES WITHIN THE LAST SIX MONTHS OR $100.00. THIS LIMIT ON DAMAGES SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless 2L Ventures and its respective affiliates, subsidiaries and parent companies and their respective owners, officers, directors, shareholders, employees, agents, licensors, and suppliers from and against any and all liabilities, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms or any activity related to your use of the Site (including, but not limited to, any claims by third-parties of infringement relating to your submission of Content).
You agree to cooperate as fully as reasonably required in the defense of such claim or action; however, 2L Ventures reserves the right, at our own expense, to assume the exclusive defense and control of any matter, subject to indemnification by you.
The Site is controlled by 2L Ventures from its office within the Province of British Columbia, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places have laws that may differ from those of British Columbia, by accessing the Site, you agree that all matters relating to these Terms and access to, and/or use of, the Site, or any other hyperlinked website, including all disputes between you and 2L Ventures, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable to the Province of British Columbia, without regard to conflict of laws principles. You irrevocably agree and hereby submit to the exclusive personal jurisdiction of, and venue in, the courts of the Province of British Columbia and acknowledge that you do so voluntarily. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. You are responsible for complying with your own local laws.
2L Ventures may provide notices to you through email or regular mail communications, or through any other means as 2L Ventures deems adequate, including, but not limited to, posting notices through or on the Site.
Any failure of 2L Ventures to carry out, enforce or exercise any rights or provisions of these Terms shall not be taken to constitute a waiver of such rights or provisions.
You may not assign your rights under these Terms without the prior written consent of 2L Ventures. 2L Ventures may assign or transfer these Terms, in whole or in part, at their sole discretion.
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect.
If you have any questions relating to these Terms, the Site, or any services provided by 2L Ventures, please contact us at firstname.lastname@example.org .