Terms and Conditions
TERMS OF USE
Welcome to our website at https://threadsofapollo.com/ and such other websites and locations as may be made available from time to time (collectively, the “Site”). The Site is owned and operated by Threads of Apollo, a division of Threads of Apollo Design Ltd. (“we”, “us”, “our”) which provides this Site as a service to its customers. By accessing and using the Site, you accept and agree to be bound by the following terms (the “Terms”). If you do not agree to these Terms, please do not access or use this Site.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARIDNG YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES. Threads of Apollo Design Ltd. reserves the right to update or modify these Terms at any time without prior notice. You are responsible for regularly reviewing the Site to obtain timely notice of such changes. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Terms as changed.
RESTRICTIONS
All of the content on the Site, including and not limited to, all of the page headers, images, audio clips, graphics, video clips, illustrations and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights of licenses held by Threads of Apollo Design Ltd., one of its affiliates or by third parties who have licensed their materials to Threads of Apollo Design Ltd. The entire content of the Site is copyrighted as a collective work under Canadian copyright laws, and coordination, arrangement and enhancement of the content. The contents of the Site are intended solely for your personal, non-exclusive, non-transferable, noncommercial and limited use. No right, title or interest in any content or materials is transferred to you. Subject to these Terms, you may not:
- modify, copy, reproduce or create derivative works of any contents or materials of the Site;
- use, distribute, transmit, display, publish or perform such contents or materials for any purpose unless permitted otherwise;
- decompile, reverse engineer, or attempt to decompile or reverse engineer any software or database contained in or access through the Site.
You may download, print or store selected portions of the content, provided you only use these materials for your own personal and noncommercial use as permitted by the Terms. For greater clarity, you are permitted to provide links to the Site through email, social media, or other similar methods, provided that such methods do not involve framing or embedding of any portion of the Site within another website or service, imply any affiliation between you and us, or you and the Site, or portray us or the Site in a false, misleading, derogatory or otherwise defamatory manner. Threads of Apollo Design Ltd. reserves complete title and full intellectual property rights in any content and materials you download, reproduce, redistribute, print or store from this Site.
USER COMMENT, FEEDBACK, POSTCARDS AND SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, photos, videos and other submissions disclosed, submitted or offered on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of Threads of Apollo Design Ltd. Such disclosure, submissions or any offers or comments shall constitute an assignment to Threads of Apollo Design Ltd. of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercially or otherwise, of any comments. Also, Threads of Apollo Design Ltd., will own exclusively all such rights, interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. Threads of Apollo Design Ltd., is and shall be under no obligation to maintain any comments in confidence, to pay to user any compensation for any comments, or to respond to any user comments.
You agree that no comments submitted by you to the Site will violate any right of any third party, including copyright, privacy, trademark or other personal or proprietary rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, obscene, or abusive material. You are and shall remain solely responsible for the content of any comments you make.
COMMUNICATIONS
You agree that Threads of Apollo Design Ltd., may send occasional email to you for the purpose of advising you of changes or additions to this Site, about any of Threads of Apollo Design Ltd.'s products or services, or for such other purpose(s) as deems appropriate from account information.
ACCOUNT
[Your use of the Site may require an account identifying you as a user (an “Account”). When you create an Account, you will be asked to provide certain information which will be subject to our Privacy Policy.
In connection with your Account, you are solely responsible for (i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and (ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission.
You must not register for an Account on behalf of any individual other than yourself, or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
You agree to immediately notify us of any unauthorized use of your Account and any other breach of security with respect to your Account, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
You agree to provide true, current, accurate and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
You agree we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Privacy Policy.
We may assign you, or you may create, a password and account identification to enable you to access and use certain portions of the Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Site.]
DISPLAY,COLOURS AND DESCRIPTION
We have done our best to display as accurately as possible the description, including the colours, of the products shown on the Site. Accordingly, because the display of our products you see on the Site will depend on your monitor, whether it be through desktop, mobile device or any other applicable means, we cannot guarantee that the display of any products will be accurate or visually representative of the display that Threads of Apollo Design Ltd. intended.
TERMINATION
These Terms are applicable upon your accessing the Site or completing the registration. Your agreement with these Terms and your access and use of the Site, including your Account, may be suspended, restricted or terminated by us without notice at any time or for any reason. The provisions relating to Copyrights, Disclaimers, Trademark, Limitations of Liability, Indemnification or Miscellaneous, , as well as all of the terms and conditions hereof which by their nature survive, whether expressly set forth herein or otherwise, shall survive any the execution, performance, termination or expiration of this Agreement, and shall remain in full force and effect, and shall be enforceable by us
ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the Site, you agree that your access to and use of the Site is subject to these Terms, as well as all applicable laws, as governed and interpreted pursuant to the laws of the Province of British Columbia, Canada.
USE OF SITE
Harassment in any form or manner on the site, including e-mails, by obscene or abusive language is strictly forbidden. You may not upload to, distribute, or otherwise publish through this site any content which is defamatory, obscene, derogatory, threatening, libelous, invasive of privacy or publicity rights, illegal, abusive, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
INDEMNIFICATION
You agree to indemnify and hold harmless Threads of Apollo Design Ltd., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, incurred costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account.
THIRD PARTY LINKS
Threads of Apollo Design Ltd., may choose various third-party web sites to link to from its own site in attempt to provide increase value to our visitors. However, regardless of affiliation or not, Threads of Apollo Design Ltd. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ours. Threads of Apollo Design Ltd. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk.
DISCLAIMER
This Site and the contents, materials and products displayed on this Site (the “Products”) are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to the applicable laws, Threads of Apollo Design Ltd. disclaims any warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Threads of Apollo Design Ltd. does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Threads of Apollo Design Ltd. does not make any warranties or representations regarding the use of any of the contents or materials of this Site in usefulness, timeliness, reliability or otherwise.
LIMITATION OF LIABILITY
Notwithstanding any other provision of these Terms, Threads of Apollo Design Ltd. and the Service Providers shall not be liable in any event for any direct, indirect, special, incidental, punitive or consequential damages, or any other damages or losses whatsoever that directly or indirectly result from the use of, or the inability to use, any of the contents or materials on this Site or the performance of our products displayed on the Site, even if such losses or damages would be reasonably foreseeable by Threads of Apollo Design Ltd.. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PURCHASE AND SALE OF PRODUCTS
All your purchases of the Products through the Site will be further subject to the terms set out, which may be amended at our sole discretion without notice, in our FAQ section, our Returns and Size Exchange Policy section and our Process section of the Site. Such terms include our shipping and return policies, your obligations for custom duties and taxes, and pre-order policies.
GENERAL
Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Our rights, powers and remedies in these Terms are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Severability – If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Assignment and Inurement – We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Site.
Entire Agreement – These Terms, as amended from time to time, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings between us and you with respect to such matters.