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Terms Of Service

Terms and Conditions

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, www.trendinghomedcor.ca, sub-domains, and any associated web-based and mobile applications (collectively, "Website").The Website is a copyrighted work belonging to Emotion Picture Studios Ltd., (“Emotion”). Emotion provides an online store.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Emotion, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms of Use was March 2016.

Definitions
The terms "us" or "we" or "our" refers to Emotion, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as a Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Emotion reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Emotion  has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in Canada and shall be governed by and construed in accordance with the laws of Canada without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Emotion under our Legal Terms shall survive the termination of our Legal Terms.

Billing Terms & Conditions
By visiting and/or purchasing something from our site, you are subject to the following terms. You agree to pay for all charges noted herein as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars. Emotion may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.

Accepted forms of payment: Visa, Mastercard or Paypal

Pricing
All prices listed on this website are subject to change. Emotion will notify you by email within 2 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order.

Purchasing Restrictions

  • You must be 18 years of age or older to purchase from the website.
  • Emotion reserves the right to limit quantities, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if Emotion believes that customer conduct contravenes applicable law or is harmful to the interests of Emotion or its representatives, agents, contractors, suppliers or licensees.
  • Emotion will deliver items as quickly as possible and within indicated time periods; however, Emotion will not be responsible for any delays in delivery that are beyond its control.

By clicking “sign in” and entering or otherwise using our Website or mobile applications (the “Website”), you agree to and accept these terms and conditions. You also agree to and accept our Notice of Privacy practices which describes how we use the information you provide Emotion and is incorporated into these terms and conditions by reference. Please read the terms and conditions and Notice of Privacy Practices carefully as you are agreeing to be bound by them.

TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH EMOTION. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEBSITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME AN EMOTION MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEBSITE.

1 Accounts

1.1 Account Creation.

In order to use certain features of the Website (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Website), you must register for an account with Emotion (“Emotion Account”) and provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website does not violate any applicable law or regulation or the terms of this Agreement. You may change your email preferences through your Emotion Account at any time, for any reason, by checking “Unsubscribe” within “E-mail Preferences” on the “My Account” section of the Website. Emotion may suspend or terminate your Emotion Account in accordance with Section 11.

1.2 Account Responsibilities.

You are responsible for maintaining the confidentiality of your Emotion Account login information. You are fully responsible for all activities that are associated with your Emotion Account (including but not limited to any purchases, use of the Website, or correspondence from your account to Emotion). You agree to immediately notify Emotion of any unauthorized use or suspected unauthorized use of your Emotion Account or any other breach of security. When you provide Emotion with such notice, Emotion will suspend or otherwise secure your Account to prevent future unauthorized activity.

2 Terms of Sale

2.1 Products and Pricing. All Products or services listed on the Website are subject to change, as is Product information, pricing, and availability. Emotion reserves the right, at any time, to modify, suspend, or discontinue any Website feature or the sale of any Product with or without notice. You agree that Emotion will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

Unless otherwise noted, the strike-through price displayed for products on our Website is based on the suggested retail price for the product provided to Emotion by the manufacturer or vendor. Certain products on our site are similar - but not identical - to products sold through other retailers. In this case, the strike-through price represents the estimated regular retail value of a comparable item of similar quality offered elsewhere. Because we sell our products over the Internet nationwide, the strike-through price may or may not represent the prevailing price at any particular time or in every location, and we make no promises about the reliability or accuracy of any such information. For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For international sales, the strike-through price represents the retail price suggested to Emotion by the manufacturer or vendor, based on what such items would be sold for in the Canadian market, plus exchange rate conversion and, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping & handling. Nothing can replace your own comparison-shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.

2.2 Payment Terms.

For each Product you order on the Website, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Emotion will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Emotion’s business activity in a province, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Emotion. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month (18% per annum) on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, legal fees, and court costs incurred in the collection of past due amounts.

2.3 Orders.

Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.

2.4 PayPal Purchases.

Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in Sections 2.1 and 2.3. This Section does not alter or amend any other Sections of this Agreement.

2.5 Shipping & Handling Policy.

Any delivery dates provided by Emotion are estimates. Emotion reserves the right to make deliveries in installments. Emotion will send you an email when your order has shipped and you may review your order and shipping & handling information on your Emotion My Account page. We ship within Canada.

2.6 Return Policy

(a) Return Policy.

Emotion will only accept returns on products that are identified on the Product information page as eligible for return or as provided in Section 2.6(c). Mirrors are not legible for return. Products marked as final sale are not eligible for return. Once Emotion confirms that your Product was returned in accordance with Section 2.6, your sole and exclusive remedy is a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credits may only be used for future purchase of Products on the Website (excluding gift cards) and are subject to the restrictions set forth in Section 14.

(b) Exchanges.

We do not accept any Product exchanges.

(c) Damaged Products.

If the Product arrives damaged (“Damaged Product”), Emotion will accept returns for a full refund only in accordance with the Return Procedures below. Once Emotion confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.

(d) Return Procedures.

Notice of damaged products must be received by TrendingHomeDecor.com customer service within 48 hours of receipt of goods. All returns must be made within 14 days after the Product shipment date. Customer Service may request a photo of the damaged product. All returned Products must be unused and returned in accordance with the instructions received from contacting customer service at service at TrendingHomeDecor.ca. You are solely responsible for the cost of shipping & handling the returned Product. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.

 

3 Website

3.1 License.

Subject to the terms of this Agreement, Emotion grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Website. This license does not include any resale or commercial use of the Website features or content, or the right to access or use the Website for any of the restricted purposes set forth in Section 3.2. Emotion may terminate this license at any time for any reason.

3.2 Certain Restrictions.

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or its content without the express written consent of Emotion; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Emotion’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Website without Emotion’s express written consent. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement.

3.3 Modification.

Emotion reserves the right, at any time, to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that Emotion will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

3.4 Ownership.

You acknowledge that all intellectual property rights in the Website, including our rights to copyrighted material, patents, industrial designs, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by Emotion and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the Website under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. Emotion reserves all rights not granted in this Agreement.

4 User Content

4.1 User Content.

“User Content” of a Website user means any and all information and content that such user submits to Emotion by any means, including through social media (e.g., Facebook, Twitter), or uses with the Website (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Website as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Emotion. Because you alone are responsible for your User Content (and not Emotion), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Emotion is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Emotion may delete User Content at any time.

4.2 License.

By submitting your User Content or using it with the Website  you automatically grant, and you represent and warrant that you have the right to grant, to Emotion an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website, Emotion social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

4.3 Feedback.

Emotion will treat any feedback, communications, or suggestions you provide to Emotion as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Emotion to the contrary, you agree that you will not submit to Emotion any information or ideas that you consider to be confidential or proprietary.

5 Acceptable Use Policy

The following sets forth Emotion’s “Acceptable Use Policy”:

5.1 You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, industrial designs, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

5.2 In addition, you agree not to commercially exploit the Website or use it to: (a) upload, install, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data, or any other computer programs; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, commercial electronic messages, including spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Website, other computer systems or networks connected to or used together with the Website, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Website.

5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Emotion Account in accordance with Section 11, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Emotion Account username and password, IP address and traffic information, usage history, and your User Content.

6 Third Party Sites and Other Users

6.1 Third Party Sites.

The Website may contain links to, or advertisements for, third party Websites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, Instagram or Pinterest). Such Third Party Sites are not under the control of Emotion and Emotion is not responsible for any Third Party Sites. Emotion provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

6.2 Other Users.

Each Website user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website users are solely between you and such user. You agree that Emotion will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.

6.3 Release.

You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Website users or Third Party Sites.

7 Disclaimers

THE WEBSITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR COLLATERAL, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO THE PRODUCTS, THEN ALL SUCH WARRANTIES AND CONDITIONS ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.

EMOTION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE AND EMOTION WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE SUPPLIER AND NOT EMOTION. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.

8 Limitation on Liability

IN NO EVENT SHALL EMOTION, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) AND (B) AMOUNTS YOU’VE PAID EMOTION IN THE PRIOR 12 MONTHS. UNLESS PROHIBITED BY APPLICABLE LAW, WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

9 Indemnity

You agree to indemnify and hold Emotion, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website or Products, (ii) your User Content, or (iii) your violation of this Agreement. Emotion reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Emotion. Emotion will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10 Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Website. We may (a) suspend your rights to use the Website (as well as your Emotion Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Emotion Account and right to access and use the Website will terminate immediately. You understand that any termination of your Emotion Account may involve deletion of any User Content you may have posted. Emotion will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Emotion Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.6, 3.2-3.4, 4, 5 and 7-13.

11 Intellectual Property

Emotion respects the intellectual property of others and asks that users of our Website do the same. Except as authorized in Section 3.1 of this Agreement, you are not permitted access or use of any of Emotion’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the Website. In connection with our Website, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Website who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Website, the following information in the form of a written notification must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact (falsities) in a written notification may subject the complaining party to liability for any damages, costs and legal fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Emotion is:

12 General

13.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Website. These changes will be effective immediately. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of this Agreement.

13.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the province in which you reside, without regard to the conflicts of laws rules of that province or any other province.

13.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and the purchase of any Products on our Website. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Emotion’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

13 Offers, Promotions, and Customer Credits

Emotion may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Emotion). Any such offers and promotions will expire on the dates specified in the offer or promotion and will be subject to any additional terms and conditions presented at the time of offer. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Website and all other conditions of the relevant promotion have been met.

Credits are only for use on Products available for purchase on the Website and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.

Emotion reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, sharing personal information of others, including email addresses or mobile phone numbers, without consent, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Emotion reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Emotion. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Emotion terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by applicable law. Account balances are determined by Emotion and such determination is final.