Terms and Conditions of Use
Before using the Website, please take some time to review the following terms and conditions of use (“Terms”). Your use is subject to these Terms, which may be changed or updated by Lush And Found from time to time without prior notice. Continued use of the Website following any such changes shall constitute your acceptance of any new Terms. Users are responsible for regularly reviewing these Terms and we encourage you, therefore, to review them carefully whenever you use the Website. If you do not agree with any of the Terms you cannot use or access the Website.
You may not use the Website for any purpose that is unlawful or prohibited by the Terms. You may not use the Website in any manner which is contrary to all applicable local, provincial, national, international and foreign laws or regulations governing your use of the Website. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website. If you are under the age of thirteen you may not provide any Submissions (as described below) or other personal information to Lush And Found (as described in our Privacy Notice).
Copyright and Trademark Ownership
Except as otherwise noted, all images, illustrations, designs, icons, photographs, written materials, audio, video, and other materials that appear as part of the Website (collectively, “Contents”) are copyrighted, trademarked, protected by trade dress or otherwise owned by Lush And Found. Lush And Found marks referenced herein are either trademarks or service marks, registered or unregistered, of Lush And Found. Other marks and product and company names contained herein may be the trademarks of their respective owners. The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Lush And Found.
The Contents of the Website, and the Website as a whole, are intended solely for personal non-commercial use by you and other users of the Website. You may download one copy of any materials, other than music, found in the Contents on a single computer for your personal, non-commercial use only. This is a license, not a transfer of title, and is subject to the following restrictions. You may not (and may not authorize another party to):
(a) modify the Contents or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove or alter any copyright, trademark or other proprietary notices from the Contents; (c) transfer the Contents to another person; (d) co-brand the Website; (e) frame the Website; or (f) hyper-link to the Website,
without the express prior written permission of an authorized representative of Lush And Found.
For these purposes, “co-branding” means to display a name, logo, trademark or other means of attribution of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Website or Contents. You agree to cooperate with Lush And Found in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
You agree to prevent any unauthorized copying of the Contents. Lush And Found reserves all rights not expressly granted herein.
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Lush And Found on or by the Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, “Submissions”) shall be and remain the property of Lush And Found. Such disclosure, submission or offer of any Submissions shall constitute an assignment to Lush And Found of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions.
As such, Lush And Found will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, Lush And Found shall be under no obligation to maintain any Submissions in confidence, pay any compensation or royalties for any Submissions or respond to any user Submissions. For this reason, we ask that you not send us any Submissions that you do not wish to assign to us.
You agree that no Submissions by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also agree that no Submissions by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
Any personally identifiable information you may submit will be collected, used and disclosed in accordance with our Privacy Notice.
Links to Other Sites and Services
The Website contains links to other sites which are not owned or operated by Lush And Found and Lush And Found does not warrant, represent or assume any responsibility or liability for the accuracy or completeness of the information or software or other materials downloaded from or contained in any linked site or any site contained in a linked site. Lush And Found does not intend links on the Website to be referrals or endorsements of the linked sites, and are providing these links only as a convenience. You should familiarize yourself with the specific legal and privacy information contained in any such websites.
The Website also contains links to other sites operated by Lush And Found. We advise you to review the legal information for each such site to which you link, as the terms and conditions of use may vary from website to website.
As is true of many other websites, from time to time we may use a web browser feature known as a ‘cookie.’ Cookies are very small text files written by an Internet server to a website user’s browser when information is exchanged between them. Cookies only contain information that the server computer “knew” in the first place and can only be read by the serving domain that placed them.
Cookies are an essential part of how the Internet works today and allow server computers to recognize your computer’s browser when you return. If you have ever gone to a website that automatically provides personalized content to you without you having to log in, such as your own stock portfolio, this is almost certainly being accomplished with a cookie. As cookies are only text files, they cannot run on your computer and have no ability to search your computer for other information or transmit it to anyone. Most cookies are termed ‘session cookies.’ This means that they expire when you leave the website. Most browsers are initially set up to accept cookies and can be reset to refuse all cookies or indicate when a cookie is being sent. Should you choose to disable any cookies associated with the Website, you will not be able to take full advantage of all the Website’s features, but you should be able to navigate the Website without difficulty.
The Contents of the Website are subject to modification by Lush And Found and are provided in good faith on an “as is, where is” basis without any warranties, conditions or representations of any kind, either express or implied, to the fullest extent permitted pursuant to applicable laws. We endeavor to ensure that information on the Website is up-to-date, however Lush And Found disclaim any and all representations, warranties and conditions with respect to the Website and its Contents, whether express, implied or statutory, including warranties of title, merchantability and fitness for a particular purpose. Prices, product descriptions and all other Contents are made available for information purposes only and may not be accurate or complete.
In addition, Lush And Found does not warrant that your use of the Website, or the operation or function of the Website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free; that defects therewith will be corrected; or that the Website or its server are free of viruses or other harmful elements. In addition, certain information may be updated from a source other than Lush And Found and Lush And Found does not assume any liability or responsibility for the accuracy of such information. Lush And Found are not liable for any damages, including special, indirect or consequential damages, resulting from any use of or reliance on, the Contents provided in the Website.
You acknowledge, by your use of the Website, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Website and that Lush And Found shall not be liable for any damages of any kind, direct or indirect, related to your use of the Website.
You agree to defend, indemnify and hold Lush And Found, their employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of the Terms by you.
If any provision of these Terms is invalid or unenforceable under applicable law, then that provision shall be deemed omitted and the remaining provisions will continue in full force and effect.
Governing Law and Jurisdiction
The Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario in the city of Toronto, for any legal proceeding arising out of or relating to the Terms or your use of the Website.
If you have any questions about the information above, the practices of the Website, or your dealings with the Website, you can contact:
Lush And Found
363N Oakwood Ave.
York, ON M6E 2W1
ATTN: Customer Service