These terms and conditions (“Terms and Conditions”) set forth the terms and conditions that apply to the use by you of Stitches website (the “Site”). Stitches may change these Terms and Conditions from time to time, at Stitches’s sole discretion, so we encourage you to check for updates when you visit this Site. By using this Site you are agreeing to these Terms and Conditions.
Use of the Site is restricted to your personal use and to make online purchases from Stitches. You shall not use this Site for any other purpose.
These Terms and Conditions will continue as an agreement between you and Stitches until terminated by us, which we may do for any reason without notice to you. The restrictions we have imposed upon you regarding copying or downloading information, and any disclaimers, limitations or liabilities expressed in these Terms and Conditions will survive the termination of this agreement.
You agree not to introduce into or through this Site any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Stitches owns (or has the right to use) all content on this Site and all intellectual property rights therein, and all such content is protected under copyright law. Any use of the content on this Site in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of Stitches, is strictly prohibited.
You agree that if you upload any content to our Site, including text, commentary, images, photos, videos, music and/or recordings, you are deemed to have granted to Stitches and its Affiliates (as defined below) a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit such uploaded content in any and all manner and media throughout the world and in perpetuity in connection with the promotion, contest or event to which such upload relates (and you agree to provide such releases and waivers as are associated with such promotion, contest or event), and any other uses deemed by Stitches in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand that any such media may be edited in the sole discretion of Stitches.
YM and its brands (being Suzy Shier, Bluenotes, LA Express, Urban Planet, Sirens, Siblings, Mariposa, Thrifty’s and Stitches, and any future affiliated companies and brands) (collectively, “Affiliates”)) trademarks and design marks (collectively, the "YM Marks"), are trademarks or registered trademarks of YM Inc. and/or its Affiliates, and the property thereof. All other product, brand and company names and logos used, displayed or referenced on this Site may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the YM Marks, appearing on this Site without the express written consent of the owner of the trademark is strictly prohibited
© YM Inc. 2011. All rights reserved.
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Stitches SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT OF THE SITE (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SITE) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL Stitches, ITS AFFILIATED COMPANIES OR BRANDS (BEING Suzy Shier, Bluenotes, LA Express, Stitches, Sirens, Siblings, Mariposa, Thrifty’s and Stitches), and any future affiliated companies and brands of YM Inc.), EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, THE MATERIALS OR CONTENT ON THE SITE, A DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
By using the Site, you agree to indemnify and hold Stitches (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with your use of the Site, including but not limited to any violation by you of the Terms and Conditions, any law or the rights of any third party.
We do not use this Site to disseminate spam. E-mail messages sent in connection with this Site will contain an “unsubscribe” or “opt-out” link. You acknowledge and agree that you will not hide, disable or remove any opt-out or unsubscribe link from any e-mail. You shall not use this Site to disseminate spam.
Control of Your User ID and Password
You are responsible for all actions you take with your User ID and Password, including fees charged to your account. Therefore, we recommend that you NOT disclose your User ID or Password to any third parties. If you choose to share your User ID and Password with any third parties you are responsible for all actions taken with your account. If you lose control of your User ID and Password, you may lose control over your personal information and may be subject to legally binding actions taken using your User ID and Password.
Our links to other sites
In addition, our Site may include content that is streamed by our Site but hosted or made available by third parties. Stitches is not responsible for, and expressly disclaims any responsibility or liability associated with, your use of any such content. If you choose to view such streamed content, you should review the policies that govern such content.
Social media associated with our Site are addressed in our Social Media Policy.
This Site is controlled and operated by Stitches from Toronto, Ontario, Canada. You agree that your use of the Site is governed by the laws of the Province of Ontario, Canada without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this Site, any use of this Site and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in Ontario, Canada.
We have made all reasonable attempts to comply with all legal requirements known to us in creating and maintaining the Site, but make no representation that any materials or content on the Site are necessarily acceptable, appropriate or available in any jurisdiction. If you choose to access the Site from any location other than Canada or the United States of America you do so of your own volition and you are solely responsible for complying with any applicable local laws. If any part of these Terms and Conditions are invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.
Injunctive Relief and Provisional Relief
Stitches shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information.
These Terms and Conditions of Purchase and Sale (“Agreement”) sets forth the terms and conditions that apply to the purchase of products, content and/or services (the “Products”) from Stitches (“Stitches”) using the Stitches website (the “Site”). Stitches may change these terms and conditions from time to time, so we encourage you to review it periodically and to check for updates each time you make a purchase or are shopping on-line.
The terms “you” and “your” refer to the purchaser of Products using the Site.
PLEASE READ THIS AGREEMENT CAREFULLY! BY USING THIS SITE TO MAKE ON-LINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT ALSO CONTAINS A GOVERNING LAW AND INJUNCTIVE RELIEF CLAUSE.
AS FURTHER DISCUSSED BELOW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, Stitches DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM THIS SITE AND Stitches’ LIABILITY IS LIMITED AS PROVIDED HEREIN.
SALES IN CANADA
Stitches sells and ships its merchandise ordered through this Site only within Canada. We will only ship to a Canadian address.
We reserve the right to refuse an order if the particulars of the order and payment requirements do not satisfy our purchase and delivery conditions.
PRICE, PAYMENT AND SHIPPING PRICE
All prices quoted are payable in Canadian Dollars. Taxes, shipping and duty are extra depending on the delivery address and are displayed during check-out and in the Order Confirmation; but please note that duty amounts are estimates only and additional customs and duty charges may be exigible upon delivery. Stitches EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATING TO ANY SUCH EXTRA CUSTOMS AND DUTY CHARGES. Although Stitches strives to provide accurate product and pricing information, errors may occur. Stitches reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Stitches cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of the provisions above, in the event that the price or related information for a Product (as described on the Site and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Stitches may, at its sole discretion, refuse or cancel your order, whether before or after Stitches’s acceptance thereof. If there is such an error in pricing, Stitches will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
Stitches accepts American Express, MasterCard, Visa and Interac for payment of purchases made through this Site. The cardholder must be the person who places the order.
When we receive your order, we will verify your billing address to ensure that it matches the address which you have provided to us. Stitches does not retain your credit card number following authorization by the financial institution issuing the credit card. We do retain the authorization number for the transaction in case you wish to return the purchase for a credit.
Credit Card Security
We value your security and privacy with all online transactions. We use Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted to us.
SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address. Nevertheless, there are certain risks associated with using the Internet. Please see the disclaimer below. Additionally, while we implement the above security measures on this site, you should be aware that 100% security is not always possible.
Stitches ships to any Canada Post mailbox within Canada. We do not offer International shipping.
We ship with Canada Post Standard, Priority or Expedited Shipping services. The preferred speed of service can be chosen at checkout and the associated speed and price will be displayed in your shopping cart prior to purchase.
CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Stitches over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by Stitches as indicated below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Stitches may revise or cease to make available any Products at any time without prior notice. In the event that Stitches is unable to deliver you a Product ordered due to lack of availability, Stitches will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Stitches may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
OWNERSHIP; RISK OF LOSS
All Product(s) purchased from Stitches are delivered to you by a third party delivery company such as Canada Post or Federal Express, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by Stitches of the Product(s) to the third party delivery company. The shipment of such Products shall be governed by the third party delivery company’s shipping terms and conditions and any insurance that such company may have in respect of such shipment. Stitches EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH ANY DAMAGE TO THE PRODUCT DURING SHIPMENT OR ANY FAILURE OF THE THIRD PARTY DELIVERY COMPANY TO DELIVER SUCH PRODUCT OR ANY DELAY IN SUCH DELIVERY.
All Product returns are subject to the Stitches Returns Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
PERSONAL INFORMATION AND CREDIT CARD INFORMATION
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE FOLLOWING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS DO NOT APPLY TO RESIDENTS OF QUEBEC.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, Stitches DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL Stitches BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY Stitches OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE SITE, EVEN IF Stitches OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL Stitches’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL Stitches BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, Stitches’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF Stitches.
For the purposes of this Agreement, “Stitches” shall include Stitches’s affiliated companies and brands (being Suzy Shier, Bluenotes, LA Express, Stitches, Sirens, Siblings, Mariposa, Thrifty’s and Stitches, and any future affiliated companies and brands) (collectively, “Affiliates”) and Stitches’s and its Affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
The following terms are hereby incorporated into this Agreement:
Governing Law and Injunctive Relief and Provisional Relief
Please also visit the following associated policies for further information:
Social Media Policy: available here
Last Revision: August 2011
This Social Media and User-Generated Content Policy (the “Policy”) applies to and governs your conduct associated with various free Social Media Channels hosted by Stitches (“Stitches”, “we” or “us”) and its brands (being Suzy Shier, Bluenotes, LA Express, Stitches, Sirens, Siblings, Mariposa, Thrifty’s and Urban Planet, and any future affiliated companies and brands) (collectively, “Affiliates”). By contributing User-Generated Content to or participating in the Social Media Channels, you agree to abide by the terms and conditions of this Policy.
We may change or add to this Policy, so we encourage you to review it periodically and to check for updates when you participate in our Social Media Channels.
What are Social Media Channels?
“Social Media Channels” include all websites, online and mobile technologies, services and tools which allow users to interact with each other by sharing information, opinions and interests, including but not limited to blogs, micro-blogs, social bookmarking services, user rating services, podcasts, wikis, message boards, social networking websites such as Facebook and Twitter (including the Stitches Facebook Page), Youtube, Flickr, Tumblr, product review applications referenced on, connected to or associated with our website (www.StitchesOnline.com), and any and all other online or mobile collaboration, sharing or publishing platforms, whether accessed through the web, a mobile device, text messaging, e-mail or any other existing or emerging communications platform, and including any and all digital medium communications in social environments.
This Policy applies to Social Media Channels that are hosted by Stitches, such as the Stitches fashion blog, or externally hosted by third party providers, such as Facebook.
What is User-Generated Content?
“User-Generated Content” means any and all content generated by you through your participation in or contribution to Social Media Channels, including blog posts or comments, status updates, “likes”, text messages, email posts, Twitter blasts/“tweets”, images, audio recordings, video recordings or any other information made available by you through a Social Media Channel.
This Policy applies to all User-Generated Content, regardless of whether the content is made available through externally or internally hosted Social Media Channels.
Rules of Conduct
Stitches views Social Medial Channels positively, and encourages you to use Social Media Channels to review our products and services, discuss fashion and clothing ideas, trends and reviews and discuss issues, trends and topics related to the fashion industry, among other things. Social Media Channels are a key way in which people, and specifically members of the Stitches community, interact and share ideas with others. We love to see photos and video that you have created, showing you in your favourite Stitches fashions.
Stitches respects your freedom, self expression and ownership of and responsibility for your User-Generated Content. When you participate in the Social Media Channels and/or post User-Generated Content, please be polite, kind and respectful to others. Please also be careful of what you post, and moderate your content. You are responsible for your User-Generated Content, and you may be sued by others if you post content that: (i) is known by you to be false, misleading or inaccurate; (ii) leads others to believe you are someone else or representing an organization that you do not represent; (iii) infringes any third party intellectual property or proprietary rights, or rights of publicity or privacy; (iv) violates any law, statute, ordinance or regulation; (v) is, or may be considered to be, vulgar, indecent, obscene, untrue, defamatory, libelous, hateful, biased or offensive, racist, threatening or harassing; (vi) includes personal information (without the individual’s permission) or plagiarized material; or (vii) contains malware, viruses or worms or other malicious code, or causes pop-ups.
We strongly encourage you NOT to disclose any of your personal information through the Social Media Channels.
When participating in the Social Media Channels and/or posting User-Generated Content, please keep in mind the following:
Personal Attacks: Personal attacks will not be tolerated. Do not disrespect, bully, insult or attack others. When challenging an opinion or view, please do so respectfully. Do not threaten, target or abuse others through your User-Generated Content.
Discrimination: Discrimination or prejudice of any kind, whether based upon race, disability, colour, religion, creed, sex, sexual orientation, national origin, age, or veteran status is prohibited.
Libellous Statements: Libel is a statement or comment about a person or organization that cannot be proven to be true and may be considered damaging to their reputation, integrity and/or interests. Libellous statements are prohibited.
Violence: Any User-Generated Content inciting or directly referring to violence, past violence or the threat of violence, including content that encourages others to be violent against other people or groups, is prohibited.
Hatred: Constructive debate is allowed and encouraged, but comments or content intended to bully or incite hatred towards anyone, including any content promoting hatred or violence towards individuals or groups in a discriminatory manner as set forth above, is prohibited.
Pornographic Material/Adult Content: Material that is pornographic in the sole discretion of Stitches and/or references to it is prohibited. We do not allow content that in any way suggest, promotes, refers to or encourages sexual attraction towards or exploitation of children. In addition, please do not post images or videos containing nudity or sexual activity.
Spam: Please do not post spam, such as garbled or nonsense sentences or duplication of words and numbers. In addition, please not use our Social Media Channels to drive traffic to your site or to move it up in search listings, post User-Generated Content through the Social Media Channels simply to promote your site or product, or use existing User-Generated Content from other sources for the primary purpose of generating revenue or other personal gain. You cannot use our Social Media Channels in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). You cannot use our Social Media Channels to conduct a survey or a contest. Posting under multiple nicknames is not allowed.
References to Upsetting/Distressing Subjects: Please do not use the Social Media Channels to refer to subjects (such as drug use, sexual acts, war, religion or political beliefs) in a manner that others may find to be upsetting or distressing, including content that is crude, vulgar, shocking or graphic.
Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity, including drugs, prostitution, fraud, stalking, extortion, and terrorism, among others, is prohibited.
Though Stitches may make exceptions at its sole discretion based on documentary, artistic, educational, scientific or other grounds, Stitches reserves the right to immediately remove any User-Generated Content that offends any of the above prohibitions or any applicable law at its sole discretion and take any other action it deems appropriate in respect of such offending User-Generated Content, as more specifically set forth below. Stitches makes no representation or warranty with respect to its efforts to monitoring of User-Generated Content and assumes no liability in respect of such content, as more specifically set out in our Disclaimer below. Stitches does not guarantee the accuracy, non-offensiveness, reliability or completeness of such User-Generated Content.
Stitches may offer blogs from time to time, in accordance with the terms and conditions of this Policy.
If you encounter one of our blogs that you believe violates this Policy, please report it to us by contacting us at: +1 (416) 789 1071
We will then review the blog for violations of the Policy. If the blog does not violate this Policy, we will not take any action. If we are of the view that a blog does violate this Policy, we may take any action in our sole discretion, including but not limited to one or more of the following actions, based on the severity of the violation:
Delete the blog
Disable the author’s access to his/her blog account
Report the user to law enforcement
Your Representations and Warranties
By submitting User-Generated Content to the Social Media Channels, you represent and warrant that:
you are the sole author and owner of the intellectual property rights in such content and such content does not contain any third-party trademarked or copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant Stitches all relevant licenses and permissions to use the material as contemplated herein;
all “moral rights” that you may have in such content have been voluntarily waived by you in favour of Stitches and its Affiliates;
all such content is accurate;
you are not misrepresenting your identity in any way;
you are at least 13 years old;
public use of the User-Generated Content does not violate the terms and conditions of this Policy; and
none of your User-Generated Content, whether to your knowledge or otherwise, contains any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Except where prohibited by law, your making available the User-Generated Content or otherwise contributing to or participating in the Social Media Channels, including the voluntary posting by you of photographs, videos, comments, or other material on any of the Social Media Channels constitutes your consent and grant to Stitches and its Affiliates of a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit the User-Generated Content in any and all manner and media throughout the world and in perpetuity for promotional purposes and other uses deemed by Stitches in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand that any such media may be edited in the sole discretion of Stitches.
The information and content displayed and contained within the Social Media Channels (other than the User-Generated Content) is protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by Stitches, its Affiliates or third parties who provide such Social Media Channels. By participating in and contributing to the Social Media Channels, you agree that you shall not adapt, distribute, store in a retrieval system, modify, convert, publish, transmit, display, copy, reproduce, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained within the Social Media Channels, whether owned by Stitches or a third party.
YM and its brands, trademarks and design marks (collectively, the "YM Marks"), are trademarks or registered trademarks of YM Inc. and/or its Affiliates, and the property thereof. All other product, brand and company names and logos used, displayed or referenced within the Social Media Channels may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the YM Marks, appearing in the Social Media Channels without the express written consent of the owner of the trademark is strictly prohibited.
© YM Inc. 2011. All rights reserved.
Indemnity, Liability and Disclaimer
You agree to indemnify and hold Stitches (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with a breach of your representations and warranties set forth herein, or your violation of any law or the rights of any third party arising from your participation in or contribution of User-Generated Content to any Social Media Channels.
EXCEPT WHERE PROHIBITED BY LAW, THE INFORMATION ON THE SOCIAL MEDIA CHANNELS IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Stitc