Terms of service

TERMS OF SERVICE FOR

SHRIMP CULT PRESS INC.

WEBSITES & SERVICES  

 

Please read these Terms of Service carefully before accessing or using any of Shrimp Cult Press Inc.’s Websites or Services.

Terms of Service

Our websites and services are owned and operated by Shrimp Cult Press Inc. (“Company”, “we”, or “us”). The term “you” refers to any user of our website (“Website”), programs and services (“Services”), or products (“Products”).

These Terms of Service state how you may use our Websites, Services, and Product materials, and their content. Please read these Terms of Service carefully.  We reserve the right to change these Terms of Service from time to time.

By using any of our Services for publishing, marketing, or selling your creative works (“Your Works”), you are agreeing to these Terms of Service and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Service, please do not use our Website, Services, or Products.

These Terms of Service require the use of arbitration to resolve disputes. You fully understand and agree that by using the Company’s Services that you are waiving certain legal rights by consenting to the use of arbitration for the resolution of disputes arising in connection with the use of the Services and you are voluntarily agreeing to do so.

Use and Consent

By using our Services, you agree to abide by these Terms of Service as well as our privacy policy https://store.shrimpcult.press/policies/privacy-policy. Accessing, purchasing Products or otherwise using our Services in any manner, constitutes your agreement to be bound by these Terms of Service.

All of our Services are intended solely for users who are eighteen (18) years of age or older. Any use of or access to our Website or any of our Services by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Service. By accessing or using our Services you represent and warrant that you are at least 18 years old.

Intellectual Property Rights

Our Limited License to You. Our Services are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content of our Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our program materials (“Program Materials”) or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Service.

By using our Services, you will be considered our Licensee to use our Services. For the avoidance of doubt, all content obtained through our Website is our property, and you are granted a revocable, non-transferable license for personal, non-transferable license. This means that you may not use our Service in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained.

However, you are not permitted to share, sell, reprint or republish any materials describing our Services for mass reproduction purposes. 

Any trademarks reproduced in our Website which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos on Products for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools or any other title or information of bearing the trademark symbols may not be used by you for any other reason without the express written permission of the owner of such trademark.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Information You Are Prohibited from Sharing with Others.  As a Licensee, you understand and acknowledge that our Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use. 

When you use our Services, you agree that you are clearly and expressly prohibited from doing the following:

  • You will not copy, share or steal our Services or any Products or parts of them.
  • You will not in any way use, copy, adapt or represent any of our Services or Products in any way as if they are yours or created by you.
  • You will not engage in improper and/or unauthorized use of our Services or Products. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Products or any other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
  • You will not offer for sale any of Your Works you are not legally authorized to sell.
  • You will not duplicate, share, trade, sell, or otherwise distribute our Services or Products to any other person, for their business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Services or Products for their business/commercial use. You are the only one granted a limited license to use our Services and Products.
  • You will not violate the intellectual property rights, including copyright and trademark rights of us or any third party in connection with your use of our Services for Your Works.
  • You will not use our Services or Products in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
  • Unless otherwise explicitly authorized in these Terms of Service, improper and/or unauthorized use of the Services includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) the works of a third party using our Services.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Services or the Products as set forth in these Terms of Service is a violation of these Terms of Service and may give rise to a civil claim for damages and/or be a criminal offense. We retain the right to prosecute you as a result of the foregoing to the full extent of applicable law, and to assign such right to a third party affected by your violation of these Terms of Service.

Your License to Us. By posting or submitting any material on or through our Services, such as comments, posts, photos, images or videos or other contributions, including description of Products, you are representing that you are the owner of all such materials and that you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Services and/or Products. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Services and/or Products at any time for any reason whatsoever. 

Media Release.

By participating in our Services, and using our Products, including our social media community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness and any Product that you may be offering for sale using our Services. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Services in our current or future Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future. 

Request for Permission to Use Content

Any request for written permission to use our Services or Products, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an e-mail to info@shrimpcultpress.ca

Security

When you use our Website and Services, we may collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information via Shopify (subject to its terms and conditions), demographic information, preferences, interests, or other personally-identifying information (“Personally Identifiable Information”).

By providing such Personally Identifiable Information to us, you grant us permission to use and store such Personally Identifiable Information.  We, in turn, will use all legally required means to keep your Personally Identifiable Information safe, secure and confidential. We take precautions to protect such Personally Identifiable Information. When you submit Personally Identifiable Information via our Services or Products, we take all legally appropriate measures to protect the security of your Personally Identifiable Information both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Personally Identifiable Information or of any other data or information transmitted to us or through our website or services; therefore submitting Personally Identifiable Information, data or other information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Services and Program Materials and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Services and Program Materials. Our Services and Program Materials are merely to provide you with tools to facilitate the purchase and sale of Products. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Services and Program Materials.

We take every precaution to protect our Services and Program Materials, however, due to the nature of the Internet, we cannot completely ensure or warrant the security of contributions or information transmitted to us on or through our Website or our Services. Submitting contributions or information on our website or through our Services is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Services and Program Materials and you agree that you are assuming such risks.

Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use of our Services, including without limitation any liability related to your purchase of Products or Services or for any accidents, delays, injuries, harm, loss, damage, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated profits, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable, from your use of our Services or your purchase of any Products.

Legal Disclaimer.

We make no representations regarding the value, merchantability, fitness for purpose, durability, effectiveness of Products or our Services or the accuracy of information describing such Products or Services. The information provided through our Services, is not intended to be a substitute for your independent verification, due diligence or professional advice that can be provided by your own advisors. We are not giving advice in any way. You are hereby advised to consult with your own advisor for any and all questions and concerns you have regarding the merits of our Services. You agree that we are not responsible for your earnings, the success or failure of your decisions regarding any such transactions, the increase or decrease of the value of Your Works, or any other result of any kind that you may have as a result of information presented to you through our Services or Products. You are solely responsible for your results.

Warranties Exclusion.

WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR SERVICES, OR PRODUCT OR REGARDING ANY PRODUCTS ACQUIRED OR SOLD USING OUR SERVICES. YOU AGREE THAT OUR SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES THAT THE PRODUCTS ARE WITHOUT DEFECT, AND ANY WARRANTIES OF NON-INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, REGARDING ANY PRODUCTS ACQUIRED OR SOLD USING OUR SERVICES. WE DO NOT WARRANT THAT THE SERVICES OR THE PRODUCTS, WILL BE COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SERVICES, OR ITS CONTENT ARE FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES OR INFORMATION ACCESSIBLE THEREFROM IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER SHRIMP CULT PRESS INC. NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY AFFILIATED PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF SHRIMP CULT PRESS INC., AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

Technology Disclaimer.

We try to ensure that the availability and delivery of our Services, including Website access, is uninterrupted and error-free. However, we cannot guarantee that your access to our Services will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or for any other recourse, should our Services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Services inaccessible to you.

Errors and Omissions.

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Services or the Products acquired or sold using our Services. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

 Links to Other Websites.

DEALINGS WITH MERCHANTS; LINKS

The websites owned or controlled by the Company (“Websites”), may contain advertisements, offers, or other links to other websites and resources of third parties that are not controlled by us. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that the Company is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Website does not imply that the linked site is endorsed by the Company. You use the links at your own risk. The Company’s Privacy Policy is applicable only when you are on its Websites­.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through a Website or which provide links on a Website, including 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 merchant or advertiser. You waive any claim against Shrimp Cult Press and agree to hold Shrimp Cult Press harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.

 Indemnification, Limitation of Liability and Release of Claims

Indemnification.

You agree at all times to defend, indemnify and hold harmless Shrimp Cult Press Inc., as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of our Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

Limitation of Liability.

We will not be held responsible or liable in any way for the Products or other materials that you request or receive through or on our Services.  

Release of Claims.

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use by you of or reliance on our Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. 

Your Conduct

You are agreeing that you will not use our Services or Program Materials in any way that causes or is likely to cause damage to the Services or Program Materials, or to cause access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Services or Program Materials for lawful purposes only.  You agree that you will not use our Services or Program Materials in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
  • To send, negatively impact, or infect our Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
  • To cause annoyance, inconvenience or needless anxiety
  • To impersonate any third party or otherwise mislead as to the origin of your contributions
  • To reproduce, duplicate, copy or resell any part of our Services or Program Materials in a way that is not in compliance with these Terms of Service or any other agreement with us.

Communication Guidelines

If you have a question or concern about the Services, you may send an e-mail to info@shrimpcultpress.ca and we will do our best to reply to your question or concern promptly. 

Purchases and Online Commerce

If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Product or the Service without any additional authorization, for which you will receive an electronic receipt. 

If you fail to make payment in a timely manner in accordance with these Terms of Service or voluntarily decide to withdraw from our Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Products and/or Services you purchased.

All information obtained during your purchase or transaction using our Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only sell or purchase Products for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to both credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Payment processing companies may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies. In addition, when you make certain purchases through our Services, you may be subject to the additional terms and conditions of a payment processing company that specifically apply to your purchase.

You release us, our affiliates, or our payment processing company, from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or the Services.

Termination

We reserve the right in our sole discretion to refuse access or terminate your access to our Services, in full or in part, at any time, without advance notice.

 

Dispute Resolution

The only method of legal dispute resolution is binding arbitration before a single arbitrator, selected jointly, in accordance with the rules of the ADR Institute of British Columbia. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, or any of our Services.

If any terms of these Terms of Service are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Confidentiality and Privacy.

Personally Identifiable Information. To use our Services, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Personally Identifiable Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Services or Program Materials (“Other Information”). By providing such Personally Identifiable Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Personally Identifiable Information safe, secure and confidential in accordance with these Terms of Service and our full https://store.shrimpcult.press/policies/privacy-policy. If you believe that any of your Personally Identifiable Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Personally Identifiable Information found to be incorrect.

What We Do with Personally Identifiable Information.  We request and require various personal data and/or Personally Identifiable Information to understand your needs and provide you with better services. In addition, we may use such data and Personally Identifiable Information for the following reasons: (1) for internal record keeping, (2) to improve our Services, (3) to periodically send promotions about new Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Services or Products you purchase or use according to your interests and/or (6) for support or communication related to your use of our Services.

Storage.  All Personally Identifiable Information collected by us in connection with the provision of the Services is stored through a data management system. Such Personally Identifiable Information can only be accessed by those who help manage that information in order to deliver the Services.  You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Personally Identifiable Information for such purposes.

Confidentiality and Disclosure. All Personally Identifiable Information will be held in confidence and will not be disclosed to third parties, except that we may disclose Personally Identifiable Information: (1) pursuant to these Terms of Service and our Privacy Policy (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our customers and/or (6) to act as immediately necessary in order to protect the personal safety of our customers or the public. We will not sell or lease your Personally Identifiable Information to third parties unless we have your permission or are required by law to do so.

Viewing by Others. Note that whenever you make your Personally Identifiable Information  or other information available for viewing by others such as through our Services or social media, the Personally Identifiable Information or other information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Personally Identifiable Information or other information that you voluntarily share online or in any other manner.

How We Use Cookies.  We may use the standard "cookies" feature of major web browsers. We do not set any Personally Identifiable Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Services.

If you have any questions about any term of these Terms of Service, please contact us at info@shrimpcultpres.ca

Thank you.

Shrimp Cult Press Inc.