Welcome to the WhimsyWraps Website ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
2. SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by WhimsyWraps collectively, and its subsidiaries and/or affiliates ("WhimsyWraps", "we", "our"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by WhimsyWraps. "WhimsyWraps" and "WhimsyWraps.com" are trademarks of WhimsyWraps.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
3. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to WhimsyWraps on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain WhimsyWraps' property. Such disclosure, submission or offer of any Comments shall constitute an assignment to WhimsyWraps of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, WhimsyWraps 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 Comments. WhimsyWraps is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that WhimsyWraps may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that WhimsyWraps may use your information for marketing and promotional purposes.
4. UPLOADED PHOTOGRAPHS:
When submitting a photograph, you warranty that you are the owner of the photograph (or have permission); that it is not a counterfeit or stolen item; that it does not infringe any third party's copyright, license, patent, trademark, trade secret or any other proprietary rights or rights of privacy; that the photograph does not violate any law, statute, ordinance or regulation (including without limitation those governing import/export control, consumer protection, unfair competition, anti-discrimination or false advertising); that the photograph will not be obscene or contain child pornography; and that the photograph shall not create liability for WhimsyWraps. You agree to indemnify and hold WhimsyWraps, its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including but not limited to reasonable attorney's fees, made by any third party due to or arising out of your breach of this agreement and/or your violation of any law or the rights of any third party. We also reserve the right to refuse to process any order we deem to be offensive in any manner.
5. PRODUCT INFORMATION
Most WhimsyWraps products displayed on the Site are available in Canada, the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available. The prices displayed at the Site are quoted in either Canadian Dollars or US Dollars. A Currency link located in the header of most pages of this site indicate the currently active pricing Currency. You can click the Currency link in the header of most pages on this Site to change the display of prices to either Canadian or US Dollars. However, purchases made in Canada or shipping to a Canadian address will be billed in Canadian Dollars, and purchases made outside of Canada or shipping outside of Canada will be billed in US Dollars.
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor or device, we cannot guarantee that your monitor or device's display of any colour will be accurate.
7. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which WhimsyWraps does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE 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 OUR SITE, AND THAT GAP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
9. INACCURACY DISCLAIMER
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
You agree to defend, indemnify and hold WhimsyWraps harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
11. GOVERNING LAW AND VENUE
This Agreement shall be interpreted, construed and governed by the laws of the Province of British Columbia, Canada, without reference to its laws relating to conflicts of law or the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Supreme Court of the Province of British Columbia, Canada. You agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Not withstanding the foregoing, however, WhimsyWraps shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of WhimsyWraps, such action is necessary or desirable.
12. NO WAIVER, SEVERABILITY
No action of WhimsyWraps, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between WhimsyWraps and you relating to your use of this Site.
Any rights not expressly granted herein are reserved.
Last updated November 12, 2017