TERMS AND CONDITIONS
Last revision: April 22, 2020
These Terms and Conditions govern your use of the website, including the online store and any mobile versions, (the “Site”). The Site is owned and operated by Distorted Views Entertainment including their partners, and affiliates ("DVE", "We" and "Us").
Your access and/or use of the Site indicates that you have read, understand and agree to be legally bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Site. Your continued use of the Site will be considered your acceptance to the current and/or revised Terms and Conditions.
You must be at least eighteen (18) years of age to use this Site and/or any services contained herein. Your access or use of this Site indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.
All intellectual property, including but no limited to trademarks, service marks, trade names, designs, graphics, photos, sounds, music, and videos are protected by Canadian and other copyright laws and are the proprietary property of Distorted Views Entertainment; All rights reserved.
ACCOUNT AND ACCOUNT USE
If your use of the Site requires an account identifying you as a user of the Site (an "Account"):
A) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and 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;
B) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
C) you agree to provide true, current, accurate and complete customer information as requested by us 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.
When you make a purchase on the Site, you agree to provide a valid method to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible. When you provide a payment method to us, you confirm that you are permitted to use that payment method. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for the transaction. You also authorize us to collect and store that payment method, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your payment method issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of the law.
SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Site. While we make every attempt to be as accurate as possible with all information regarding the goods and services, including product descriptions and images, we do not guarantee the accuracy or reliability of any product or service, as such you acknowledge and agree that you purchase such products at your own risk.
SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from Us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to Us. If we do so after payment has been processed, We will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products.
For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment.
You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
AFFILIATE MARKETING & ADVERTISING
We, through the Site and its services, may engage in affiliate marketing whereby We receive a commission on or percentage of the sale of goods or services on or through the Site. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
THIRD-PARTY AND EMBEDDED LINKS.
You agree not to use the Site for any unlawful purpose or in any way that could directly or indirectly damage the Site, the services, or the general business of Distorted Views Entertainment.
You further agree not to use and/or access the Site:
A) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
B) To violate any intellectual property rights of Us or any third party;
C) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
D) To perpetrate any fraud;
E) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
F) To publish or distribute any obscene or defamatory material;
G) To publish or distribute any material that incites violence, hate or discrimination towards any group;
H) To unlawfully gather information about others.
PROTECTION OF PRIVACY
Through your use of the Site, you may provide us with certain information. By using the Site, you authorize Us to use your information in Canada and any other country where We may operate. When you register for an account, you provide Us with a valid email address and may provide Us with additional information, such as your name and/or billing information. Depending on how you use Our Site, We may also receive information from external applications you use to access our Site, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
We use the information gathered from you to ensure your continued good experience on our Site, including through email communication. We may also track certain information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that We will still receive information about you that you have provided, such as your email address.
REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
A) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Site;
B) Violate the security of the Site through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network.
We are not responsible for the security of your Account or Content. Your use of the Site is at your own risk.
You agree to defend, indemnify and hold harmless Distorted Views Entertainment, its affiliates, licensees, partners, Site sponsors, employees, and representatives including 3rd party contractors from and against any and all claims, actions, losses, damages, liabilities judgments, settlements, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of your use of the Site.
We may need to interrupt your access to the Site to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Site may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Site, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Site or Our any third party's equipment or network is impaired by your use of the Site, any amount is past due from you to Us, or we have received a third-party complaint which relates to your use or misuse of the Site or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Site.
Your use of the Site is at your sole and exclusive risk and any services provided by Us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Site will meet your needs or that the Site will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Site or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Site is your sole responsibility and we are not liable for any such damage or loss.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DISTORTED VIEWS ENTERTAINMENT AND/OR THEIR RESPECTIVE EMPLOYEES, PARTNERS, CONTRACTORS, AFFILIATES, SITE SPONSORS OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE ACCESS OR USE, OR INABILITY TO ACCESS OR USE THE SITE AND/OR ITS CONTENT.
GOVERNING LAW AND JURISDICTION
The Site is controlled and managed in Canada. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without reference to its conflicts of law principles.
Distorted Views Entertainment
St. Catharines ON Canada