Terms & Conditions
Welcome to the SPArty Girl website (the "Website"). We hope you will enjoy it!
PLEASE REVIEW THIS USER AGREEMENT CAREFULLY. The following terms govern your use of the Website.
The Website is owned and operated 1740197 Ontario Inc, This User Agreement (the "User Agreement") is a contract between you and SPArty Girl and applies to all users of the Website. In this User Agreement "you" or "your" means any person or entity using the Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"), "you" or "your" shall also include such person's parent or legal guardian. Unless otherwise stated, "SPArty Girl refers to 1740197 Ontario Inc.. and its successors and assigns.
Users of any age may access the Website, but in compliance with the Children's Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts unless we have permission from that user's parent or guardian approving the collection of that user's information and such user's registration on the Website where registration is required. If you register on the Website, you represent and certify that you have the legal capacity and authority to do so, and that your registration and use of the Website will not violate any law or regulation.
READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE UNDER 18 YEARS OF AGE, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS USER AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE "I ACCEPT" BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE AND MUST EXIT THE WEBSITE NOW.
We may amend or supplement this User Agreement at any time and for any reason. Please check this User Agreement each time you access and use the Website so that you will understand the terms applicable to your access and use of the Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. By continuing to use the Website after we have posted modifications or amendments to the User Agreement, you consent to such amendments and/or modifications. If you do not consent to any such modifications or amendments, you may not continue to access or use the Website.
Any other posted guidelines or rules applicable to any individual use of the Website will also form part of this User Agreement, and by using the Website you agree to abide by all such other guidelines and rules.
We welcome feedback, comments and suggestions for improvements to our Website and services. You can submit feedback by emailing us firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, modify, create derivative works based upon and otherwise exploit the feedback you provide for any purpose.
PRODUCTS AND SUBSCRIPTIONS
SPArty Girl offers a variety of child-directed products for sale through its Website, including, but not limited to, products that include hands-on activities, collectibles, stickers, letters, activity books, experiment kits, comic books, and other materials ("Product" or "Products"). Customers may purchase Products either a la carte basis or on a subscription basis ("Subscription(s)"). Non-subscription, one-off Product purchases are one-time, non-recurring sales.
SPArty Girl delivers Subscriptions on a recurring basis through physical packages sent via the postal mail. Each Subscription includes a variety of Products and Product lines suitable for the age selected and covering certain subject matters. For more information regarding billing for Subscriptions, please see the "PAYMENTS" section, below.
When you purchase an SPArty Girl Subscription or Product(s) through the Website, we will bill the credit card or other payment method that you have provided (your "Payment Method"). Your Payment Method will be billed before the shipping date for your Subscription package or Product(s) in order for SPArty Girl to process the shipment.
Any Subscription that you purchase will automatically renew on a recurring basis, the cadence of which will be communicated to you when you purchase the Subscription. Subscriptions renew at the same cadence you specify when you initially purchase the Subscription, unless you request a change after such purchase. For example, a 12-month Subscription will automatically renew for an additional 12-month term, which will begin once the initial Subscription term ends. Subscriptions will renew at the Subscription rate that is applicable to the Subscription line that is being renewed on the date upon which the renewal is processed (plus any applicable sales tax and/or shipping fees). By way of illustration, if you purchase a 12-month Subscription, your Subscription will renew to an additional 12-month Subscription term at the rate for that additional Subscription at the time of the renewal is processed; this price may be different than the rate that applied during the initial Subscription term. You may elect to cancel a Subscription or not renew a Subscription at your discretion.
Payments for Subscriptions will continue until you elect to cancel the Subscription. If for any reason your Subscription has fewer packages remaining than the renewal term, you will be charged a prorated amount for the remaining packages.
You may elect to cancel your Subscription at any time by logging into My Account and cancelling the Subscription or by emailing SPArty Girl Customer Care Team at email@example.com Cancellation must occur at least 3 days prior to your next billing date, which can be found in your My Account under Manage Subscriptions or by emailing SPArty Girl Customer Care Team at firstname.lastname@example.org Any packages paid for prior to cancelling, be it from your initial or a renewal term, will continue to be delivered.
In order to continue your Subscription or complete a Product sale, you authorize SPArty Girl to charge your Payment Method for the payment due. SPArty Girl reserves the right to change the timing of its billing in its discretion including but not limited to, the following if your Payment Method has not successfully settled; if there are unforeseen delays that hinder SPArty Girl ability to ship to you; or if there are changes to your account or Subscriptions. Please note that you may request to switch from one Subscription line (Ear) to another if this is offered as per of the functionality associated with your Subscription. In addition, your Subscription to a particular Subscription line may automatically progress to next Subscription line as a convenience to you in the event you have received all available Products under a Subscription. If your Subscription is automatically switched from your current Subscription line (an "Updated Subscription") to another Subscription you will be notified via email. You may decline an Updated Subscription by contacting us at email@example.com.
SPArty Girl reserves the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). SPArty Girl may update your Payment Method with information provided by the applicable payment service provider(s), and you authorize SPArty Girl and its payment service provider(s) to continue to charge amounts due to the updated Payment Method. SPArty Girl may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify SPArty Girl that your Payment Method is no longer valid.
SPArty Girl does not accept returns of its monthly Subscription packages or Products if you change your mind. However, if a Subscription package or Product you received was damaged or incomplete, please email Customer service SPArty Girl Care Team at firstname.lastname@example.org for resolution. Resolution may include shipment of a replacement Subscription package or Product, an extension of your Subscription or similar corrective actions. To the extent permitted by law, SPArty Girl may, in its sole discretion, choose which resolution method to use.
LINKS TO OTHER WEBSITES
The Website may include links to other websites owned and/or operated by SPArty Girl. Such sites are not part of the Website, and each has its own user agreement that you must agree to in order to use that website.
The Website may also include links to websites of unaffiliated third parties. Third-party sites are not the responsibility of SPArty Girl and we do not warrant or guarantee the accuracy, quality or appropriateness of any such website or any content contained on such website. Each third party website may have its own policies and agreements, including policies regarding the collection and use of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites linked from our website. SPArty Girl takes no responsibility for your use of any such third party websites and shall not have any liability for events arising from your use of such websites. SPArty Girl ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE UNBOX WEBSITE, INCLUDING ANY MATERIAL THAT MAY BE ACCESSED THROUGH LINKS FROM THE WEBSITE.
REGISTRATION AND YOUR USERNAME AND PASSWORD
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU DO NOT SHARE YOUR USERNAME AND PASSWORD WITH ANYONE.
We will use your username and password to identify your account when you return to our Website. If you forget your username or password you may not be able to access your account and/or certain portions of the Website. You are responsible for maintaining the confidentiality of your username and password, and for all activities that occur on your account or using the Website when a user is logged into the Website under your username and password. You agree to: (i) immediately notify SPArty Girl of any unauthorized use of your account, your username and password, or any other breach of security; and (ii) ensure that you log out of the Website at the end of each session. SPArty Girl will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination may only be used by you and is not transferable to other users.
We reserve the right to restrict, suspend, or terminate access to the Website for any username and password combination because of inactivity under that account, fraudulent activity under that account, or any other reason we deem appropriate in our sole discretion. If you have any questions about your access to the Website, please contact us at email@example.com.
You acknowledge and agree that all communications and documents between you and SPArty Gil with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from SPArty Girl shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to our customers or Website users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or website users.
OWNERSHIP OF INTELLECTUAL PROPERTY
All products, services, content, information displayed, performed or otherwise accessible through the Website, including, without limitation, digital images, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the SPArty Girl material) are the intellectual property of SPArty Girl, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, "Licensors"), and are protected by the copyright, trademark, patent, and other intellectual property laws of Canada and other jurisdictions as may be applicable. Without limiting the generality of any other provisions of this User Agreement, the use of any SPArty Girl Materials on any other website or networked computer environment is prohibited.
This User Agreement grants to you a limited license to access and use the Website and its content for your personal, non-commercial use. Any attempts to otherwise access or display the SPArty Girl products and material is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to the Website and/or the SPArty Girl products and material, in whole or in part. You may not make any modifications to any SPArty Girl products and Materials other than as expressly permitted by us or the applicable Licensor.
For the purposes of this User Agreement, "User Content" means text, graphics, images, works of authorship of any kind, and information or other materials that you provide or otherwise make available through the Website. SPArty Girl does not claim any ownership rights in any User Content and nothing in this User Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. However, by making any User Content available through the Website, you hereby grant to SPArty Girl is a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Website and SPArty Girl products and Materials to you and to other users and account holders.
Notwithstanding the above, you are responsible for all User Content posted by you, and SPArty Girl does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Website or otherwise to us. SPArty Girl does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. SPArty Gil retains the right, but has no obligation, to review, edit or delete any User Content that SPArty Girl deems to be illegal, offensive, or otherwise inappropriate.
CONTESTS AND PROMOTIONS
From time to time, we may run contests or promotions from the Website. We will provide the rules for any such contests and promotions when they are made available on the Website. In order to participate in the contest or promotion, you may be required to agree to the posted rules and regulations applicable to such contest or promotion.
RESTRICTIONS ON USE
We provide the Website to you and intend the Website to be used in a safe and enjoyable manner. You are responsible for your User Content. Users of the Website must not: (a) use the Website in such a way as to offend or interfere with the use by anyone else of the Website; (b) sell, trade or barter any items through the Website; (c) upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Website that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds, goods, or services; or (viii) are treated as confidential under any contract or policy; (d) reveal personal information to other users online; attempt to circumvent the security systems of the Website; (e) attempt to gain access to or use the Website in a fraudulent manner; (f) attempt to gain access to any other user's accounts; (g) attempt to ascertain any other user's password and/or personal information by any means whatsoever, including without limitation, by use of the Website or any other website, or by e-mail communication; (h) attempt to harvest or otherwise collect information about other users without their consent; (i) attempt to use the Website for any purposes other than the purposes intended by SPArty Girl; (j) or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Moreover, you agree that you will not (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Website or the SPArty Girl Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of SPArty Girl or its licensors; (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of SPArty Girl or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Website to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE SPARTY GIRL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE WEBSITE OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH SPARTY GIRL’S CUSTOMER SERVICE DEPARTMENT OR AN SPARTY GIRL REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY THAT (I) THE WEBSITE AND/OR THE SPARTY GIRL MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND THE SPARTY GIRL MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, THE WEBSITE OR THE LITTLE PASSPORTS MATERIALS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SOFTWARE UNDERLYING THE WEBSITE AND THE SPARTY GIRL PRODUCTS AND MATERIALS OR IN THE WEBSITE OR THE SPARTY GIRL MATERIALS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR THE SPARTY GIRL MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SPARTY GIRL BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE SPARTY GIRL MATERIALS, EVEN IF SPARTY GIRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, SPARTY GIRL IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE. TO THE EXTENT NOT PROHIBITED BY LAW, SPARTY GIRL'S TOTAL CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE WEBSITE WILL NOT EXCEED US $100.00.
By accepting this User Agreement and using the Website, you agree to indemnify, defend and otherwise hold harmless SPArty Girl and its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Website and/or the SPArty Girl product and materials ; ii) unauthorized access to or alteration of your communications with or through the Website and/or the SPArty Girl Product and Materials, or iii) any other matter relating to the Website and/or the SPArty Girl Product and Materials. Any communications or transactions which may arise between users from their use of the Website and/or the SPArty Girl Product and Materials are the sole responsibility of the users involved, and we disclaim any and all responsibility for such communications or transactions.
This User Agreement shall be governed by and construed in accordance with Canadian law, without regard to its conflicts of laws provisions.
The Website is offered by SPArty Girl from Canada. We make no representations that the Website is appropriate or available for use in other countries. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you have a query or complaint about our services, we will endeavor to resolve your complaint as soon as possible. Other than where you or we seek urgent relief, we shall first seek to resolve any Dispute by negotiation.
Any Disputes between us shall be subject to the non-exclusive jurisdiction of the courts of Ontario and any courts which have jurisdiction to hear appeals from any of those courts.
SPArty Girl’s failure to enforce any right or provision of this User Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SPArty Girl. Except as expressly set forth in this User Agreement, the exercise by either party of any of its remedies under this User Agreement will be without prejudice to its other remedies under this User Agreement or otherwise.
If you have any questions about this User Agreement or our services, please contact SPArty Girl by email at firstname.lastname@example.org