Our Website allows users to browse, view, choose, and purchase various products (“Products”). We provide certain content to complement our Products (the “Product Content”), and all our Product Content is provided for informational purposes only. We may, in our sole discretion, change, delete, update, modify or otherwise alter Products and Product Content at any time without providing you notice, and, in addition, we may change the pricing, and availability of Products in our sole discretion at any time without providing you notice. All photos, videos, and other images of Products on our Website are for illustrative purposes only. The actual Product may vary from that shown on our Website. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of Products on our Website at any time does not guarantee that these Products will be available for purchase. Our current prices can be found on the Website.
Accessing the Website and Account Security
If you choose a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your password or other security information. You agree to notify us immediately of any unauthorized access to or use of your password or any other breach of security. You also agree to ensure that you exit
from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not and are not permitted to: i) modify copies of any materials from this site; ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
and may violate copyright, trademark, and other laws.
The Company name, the term “OCEANNA THE LABEL” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
i) In any way that violates any applicable federal, provincial, state, local or
international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Canada, the US or other countries);
ii) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
iv) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
v) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
i) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
ii) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
iv) Use any device, software or routine that interferes with the proper working of the Website;
v) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
vi) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
vii) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
viii) Otherwise attempt to interfere with the proper working of the Website.
User Content on the Website
Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
i) Remove or refuse to post any User Content for any or no reason in our sole
iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
iv) Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, provincial, state, local and international laws and regulations. Without limiting the foregoing, User Content shall not:
i) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
iii) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
v) Be likely to deceive any person;
vi) Promote any illegal activity, or advocate, promote or assist any unlawful act;
vii) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
viii) Impersonate any person or misrepresent your identity or affiliation with any person or organization;
ix) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
x) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We respect the intellectual property of others and require that those that use our Website do the same (including, but not limited to, all User Content). In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of the accounts of those that use our Website who are repeat infringers of intellectual property rights, including copyrights.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users (User Content), bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content are not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
All prices displayed on the Website are quoted in Canadian dollars. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Website without incurring any obligation to you. Products displayed on the Website are available while supplies last. The receipt by you of an order confirmation does not constitute the Company’s acceptance of an order. Prior to our acceptance of an order, verification of information may be required. The Company reserves the right at any time after
receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. The Company reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, the Company has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been
confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to: i) link from your own or certain third-party websites to certain content on this Website; ii) send e-mails or other communications with certain content, or links to certain content, on this Website; or iii) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the Province of Ontario in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE PRODUCT CONTENT, USER CONTENT, INFORMATION AND MATERIALS ON THE WEBSITE OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. FURTHER, THE COMPANY DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $50. The foregoing limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct, nor does it affect any liability which cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
Waiver and Severability
Last Modified: July 15, 2022