We offer no guaranty to the longevity of our Site and reserve the right to terminate them at any moment, at our sole discretion and that without notice. We assume no responsibility for any prejudice or drawback resulting from the termination of a web site.
Registration and Eligibility
Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the Boutique Inc. registration process. If you are an adult, in order to become eligible to register for our services you must: (a) subscribe to our services, and (b) accept this User's Agreement by clicking on the "I Accept" button or by giving similar consent. If you are between the ages of 13 and 17, to become eligible to use our services you must (a) subscribe to our services, and (b) have your parent or guardian accept these Terms on your behalf by clicking on the "I Accept" button. If you are under age 13, you are not eligible to use our services.
If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify Boutique Inc. immediately of any unauthorized use of your account.
Boutique Inc. reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
Use of Site
You may display a web site and, subject to any expressly stated restriction or limitation relating to specific content, electronically copy, download and print hard copy portions of the content from the different areas of a web site exclusively for your personal and non-commercial use.
Harassment in any manner or form on this Site, including e-mail or the use of obscene or abusive language is strictly forbidden. Impersonation of others, including our employees, hosts, or representatives or other members or visitors of this web site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on our Site to solicit others to join or become members of any other commercial online service or other organization. You may not transmit any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc. You may not advertise any illegal services or the sale of any items prohibited or restricted by applicable law.
You understand that all listings, messages, posts, text, files, images, photos, video, audio or other materials (“Content”) posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. Boutique Inc. does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although Boutique Inc. does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Boutique Inc. an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Boutique Inc., in its sole discretion, may delete any Content for any reason at any point in time.
Dealings with Individuals or Organizations
Boutique Inc. shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Boutique Inc. is not responsible for any damage or loss incurred as a result of any such dealings. Boutique Inc. is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Boutique Inc., its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Limitation & Termination of Service
You acknowledge that Boutique Inc. may establish limits concerning use of the Service. You agree that Boutique Inc. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Boutique Inc. reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Boutique Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Boutique Inc. in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Boutique Inc. believes that you have acted inconsistently with these Terms. Further, you agree that Boutique Inc. shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.
The links which we might place on our Site do not imply that we sponsor, endorse or are affiliated or associated with, or had been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
Trade Marks and Copyrights
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. BOUTIQUE INC., ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER BOUTIQUE INC., NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BOUTIQUE INC. ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations on Liabilities
IN NO EVENT SHALL BOUTIQUE INC., ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF BOUTIQUE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, BOUTIQUE INC. SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF BOUTIQUE INC. TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO BOUTIQUE INC., IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOUTIQUE INC. AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD BOUTIQUE INC. HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST BOUTIQUE INC. ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.
These Terms are governed in accordance with the laws in force in the province of Ontario and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. Should any provision of the present Terms be found invalid by a court of competent jurisdiction, the incompatible provision will simply be dissociated from the rest of these Terms, while the remainder will continue to remain valid.
If you suffer any prejudice whatsoever or disagree in any way with the conditions of these Terms, your only recourse is to leave our Site.
These Terms and any and all other legal notices posted on our Site constitute the entire agreement between you and us with respect to the use of our Site and its content.