These Terms and Conditions of Use (the “Terms”) set forth the terms on which SYNIK CLOTHING CO. INC. Retail store(s) & www.synikclothing.com (“SYNIK CLOTHING CO. INC.”) provides you access to this web SITE (“SITE”). By visiting or shopping at this SITE, you accept the following Terms. Please read them carefully. If you do not agree to the Terms, you may not use this SITE or other services. We reserve the right, at any time, to modify, alter, or update the Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on this SITE.
This SITE is operated by SYNIK CLOTHING CO. INC. & www.synikclothing.com & makes no representation that content of the SITE is appropriate or lawful in your territories or jurisdictions. Use or access of this SITE from territories or jurisdictions where the SITE or any of its content is illegal, unlawful, volatile of obscenity or other laws is strictly prohibited. Those who choose to access this SITE from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.
The content that appears on our SITE is for informational purposes only. We do our best to ensure that the information posted on the SITE is timely and accurate; however, errors do appear from time to time. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose SITE we link.
All text, images, graphics, logos, icons, design elements, trademarks, and other SITE content, as well as the specific arrangement thereof, are Copyright © 2017, SYNIK CLOTHING CO. INC. ., or its licensors. All rights reserved.
INDEMNIFICATION
You agree to defend, indemnify and hold SYNIK CLOTHING CO. INC. & www.synikclothing.com harmless and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the SITE.
GENERAL TERMS
This SITE, and its use, shall be governed by the substantive laws of the Province of Alberta in the country of Canada. The exclusive jurisdiction and venue for any dispute or litigation arising out of or related to the SITE, its content, these Terms and Conditions or your use of the SITE shall be the Provincial courts located in the Province of Alberta. Any rights not expressly granted herein are reserved by SYNIK CLOTHING CO. INC. & www.synikclothing.com. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of SYNIK CLOTHING CO. INC. & www.synikclothing.com to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the SYNIK CLOTHING CO. INC. & www.synikclothing.com , regarding each user's relationship with SYNIK CLOTHING CO. INC. & www.synikclothing.com and supersedes any any statements or representations.
DISCLAIMER
IN NO EVENT SHALL SYNIK CLOTHING CO. INC. (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER EVEN IF SYNIK CLOTHING CO. INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. SYNIK CLOTHING CO. INC. IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYNIK CLOTHING CO. INC. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SYNIK CLOTHING CO. INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MERCHANDISE PROVIDED THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SYNIK CLOTHING CO. INC. LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
OWNERSHIP OF SITE CONTENT
All Content on the SITE is protected by International copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all SYNIK CLOTHING CO. INC. trademarks, logos, page headers, custom graphics, buttons, marks and trade names which SYNIK CLOTHING CO. INC. uses in connection with the SITE shall remain the exclusive property of SYNIK CLOTHING CO. INC. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of SYNIK CLOTHING CO. INC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
COPYRIGHT NOTICE
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade looks and other SITE content (collectively referred to herein as the "SITE Content") are the exclusive property of SYNIK CLOTHING CO. INC. or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the SITE Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SYNIK CLOTHING CO. INC. and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. SYNIK CLOTHING CO. INC. grants you no express or implied rights by way of your permitted downloading of copyrighted material.
RESTRICTIONS OF USE
Your use of this SITE is pursuant to agreeing to every terms of use. As a condition of your use of this SITE, you warrant to SYNIK CLOTHING CO. INC. that you will not use this SITE for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by SYNIK CLOTHING CO. INC. This means that you may access the SITE using a browser and you may download one copy of the SITE Content on a single computer for your own personal and non commercial internal use. You shall not: (a) modify the SITE Content, in whole or in part; (b) use the SITE Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) de compile, reverse engineer, or disassemble software materials; (d) remove any copyright notice or other proprietary notices from the SITE Content; or (e) assign, transfer or export, or attempt to assign, transfer or export, the SITE Content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the SITE Content.
TRADEMARKS
The trademarks, logos and any designs used or displayed on the SITE are trademarks and/or service marks owned by SYNIK CLOTHING CO. INC. or, on occasion, used by SYNIK CLOTHING CO. INC. under license from another third party. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of SYNIK CLOTHING CO. INC., is strictly prohibited. Other trademarks, service marks, trade names and company logos utilized in the SITE are the property of their respective owners. SYNIK CLOTHING CO. INC. a registered trademark in the North America and other countries;. SYNIK CLOTHING CO. INC. trademarks may not be used without the written permission of SYNIK CLOTHING CO. INC. and specifically should not be used in connection with any product or service that is not identifiable as belonging to www.synikclothing.com , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SYNIK CLOTHING CO. INC. All rights reserved.
LINKS TO THIRD PARTY SITES
The SYNIK CLOTHING CO. INC. SITE may contain links to other Web SITEs ("Linked SITEs"). The Linked SITEs are not under the control of SYNIK CLOTHING CO. INC. and we are not responsible for the contents of any Linked SITE, including without limitation, any link contained in a Linked SITE, or any changes or updates to a Linked SITE. SYNIK CLOTHING CO. INC. is not responsible for webcasting or any other form of transmission received from any Linked SITE. SYNIK CLOTHING CO. INC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SYNIK CLOTHING CO. INC. of the Linked SITE or any association with its operators. SYNIK CLOTHING CO. INC. does not permit you to create or post a link or a frame to any SYNIK CLOTHING CO. INC. (including this SITE) without SYNIK CLOTHING CO. INC. prior written approval. If you wish to link to the SITE, please contact us at customerservice@SYNIKCLOTHING.com, to apply for permission to do so.
CONTENT YOU POST
Your Posts. Visitors to the SYNIK CLOTHING CO. INC. & www.synikclothing.com ("users") may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") comments or other materials (collectively, "User Content"). In order to keep the SITE enjoyable for all of our users, you must adhere to the rules below. In order for us to keep the SITE safe and available for everyone to use, you agree to use the SITE for lawful and appropriate purposes only. You agree not to use the SITE in a way that:
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Violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights. Uses technology or other means to access the SITE that is not authorized by SYNIK CLOTHING CO. INC. (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, linking, reproduction, or distribution of SITE contents). Involves accessing the SITE through any automated means, (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available searches - but not caches or archives - of the SITE and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content). Attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. Attempts to damage, disable, overburden, impair, or gain unauthorized access to the SITE, including SYNIK CLOTHING CO. INC. servers, computer network, or user accounts. Attempts to collect personally identifiable information in violation of SYNIK CLOTHING CO. INC. Privacy Policy. Encourages conduct that would constitute a criminal offense or give rise to civil liability. Interferes with any other party's use and enjoyment of the SITE. No Spam or Inappropriate Content. You may not use the SITE to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. SYNIK CLOTHING CO. INC. will fully cooperate with any law enforcement authorities or court order requesting or directing SYNIK CLOTHING CO. INC. to disclose the identity of anyone posting any such information or materials.
You must be, or have first obtained permission from, the rightful owner of any User Content you Post. By submitting User Content, you represent and warrant that you own the User Content; you also represent and warrant that the Posting of your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Content. SYNIK CLOTHING CO. INC. will remove all User Content if we are properly notified that such User Content infringes on another person's rights. You acknowledge that SYNIK CLOTHING CO. INC. does not guarantee any confidentiality with respect to any User Content. You agree not to post or transmit through the SITE any material which violates or infringes in any way upon the rights of others or SYNIK CLOTHING CO. INC. , which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SYNIK CLOTHING CO. INC. express prior approval, contains advertising or any solicitation with respect to products or services.
PROMOTIONS
From time to time, randomly select a member of the SYNIK CLOTHING CO. INC. mailing list to receive free goods. Recipients agree that their name, certain biographical information, and/or a photograph of them, may be used by SYNIK CLOTHING CO. INC., without further compensation, in any publicity. SYNIK CLOTHING CO. INC. Winners are responsible for all taxes in connection herewith. The contest rules shall be interpreted according to the substantive laws of the Province of Alberta, without regard to choice of law principles. THIS PROMOTION IS VOID WHERE PROHIBITED OR WHERE PRIOR REGISTRATION OR OTHER FILINGS OR NOTICES ARE REQUIRED UNDER LAW. NO PURCHASE NECESSARY.
NOTICE REGARDING COPYRIGHT AGENT
SYNIK CLOTHING CO. INC. does not condone copyright infringement on its Web SITE, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent in writing.
TERMINATION
These Terms are effective until terminated by either party. You may terminate your agreement with SYNIK CLOTHING CO. INC. at any time by no longer accessing this SITE and destroying all materials obtained from the SITE. SYNIK CLOTHING CO. INC. reserves the right, in its sole discretion, to terminate your right to use the SITE and any rights provided to you under these Terms at any time, without notice, and accordingly deny you access to the SITE, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this SITE, as well as all copies of such materials. The disclaimers and limitations of liabilities set forth in this agreement, shall survive.
SHOPPING
SYNIK CLOTHING CO. INC. does not guarantee, warrant or endorse any product or service not manufactured or performed by SYNIK CLOTHING CO. INC., nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by SYNIK CLOTHING CO. INC. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access SYNIK CLOTHING CO. INC.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. SYNIK CLOTHING CO. INC. reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
PRIVACY
We respect the privacy of our users. We have established a separate privacy policy (accessible by a "Privacy Policy" button on the SITE) that sets forth some of the SYNIK CLOTHING CO. INC. privacy issues, or you can contact us at: customerservice@synikclothing.com for more information. All text, images, graphics, logos, icons, design elements, trademarks, trade looks and other SITE content, as well as the specific arrangement thereof, are Copyright All Rights Reserved.
COMMENTS
SYNIK CLOTHING CO. INC. welcomes your comments. If you have questions or comments about our policies, feel free to send us an e mail at: customerservice@synikclothing.com