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Hedonics keeps
your shopping
experiences
safe and
secure on
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View our Privacy Policy
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HEDONICS™ Terms of Use |
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Acceptance.
Welcome to the Hedonics™ Website (the "Website") operated
by Hedonics Catalogue, Inc. ("Hedonics"). The Website
products and services (collectively, the "Services") are
offered by Hedonics through Web pages and linked pages
that display the Hedonics navigation bar and include
a footer link to the Website Terms of Use. By accessing
the Website or using any of the Services, you agree to
be bound by these Terms of Use and additional or alternative
terms, conditions, rules and policies in connection with
any particular Service. Please note that the Terms of
Use may be updated from time to time without notice to
you. Because the Terms of Use contain legal obligations,
please read them carefully.
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The Hedonics™ Web Site Policy.
Hedonics Catalogue may collect information on customer
activity through user navigation and the use of tools
and functions available on hedonics.com. This information
may be used to understand and analyze customers' responses,
needs and preferences, and to develop, enhance, market
and/or provide products and services to meet those needs.
In addition, information collected may also be used for
the specified purposes of Hedonics® Catalogue as
outlined in our Hedonics Privacy Commitment.
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Privacy and Cookies.
For information on how user information is collected, used
and disclosed by Hedonics Catalogue, please see our
Hedonics Privacy Commitment. The Website uses a
"session cookie", which resides in memory and persists
only as long as the browser is open. This cookie holds
only the information that is uniquely generated when you
log on to the site and persists only as long as your browser
is open. This cookie makes your basket and any information
you have entered available as you browse the Website.
Upon your departure from the Website and closure of your
browser, the information in the session cookie is removed
from memory.
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Registration, Personal Identification Numbers and Passwords.
Certain Services and related features, such as access
to the Website, personalization, web hosting, and webmail
available over the Website may require registration. You
agree to provide accurate and current information as required
by the relevant registration process, and to update the
information as necessary in a timely way to ensure that
it is kept accurate and complete. You agree to be responsible
for:
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maintaining the confidentiality of any personal identification
numbers or passwords identifiers which you choose or are a
ssigned as a result of any registration over the Website;
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all activities that occur under such personal identification
number or password; and,
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Notifying Hedonics Catalogue of any unauthorized use of
your personal identification number or password.
Hedonics Catalogue shall not be responsible or liable in
any way for any loss or damage arising from your failure
to comply with this.
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Rules and Conduct.
You agree not to use the Website or services to:
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post, transmit, link to, or otherwise distribute any
information constituting or encouraging conduct that
would constitute a criminal offense or give rise to
civil liability, or otherwise use the Website or any
of the Services in a manner which is contrary to law
or would serve to restrict or inhibit any other user
from using or enjoying the Website, the Services or the
Internet;
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defame, abuse, stalk, harass or threaten any other
person or violate the legal rights of any other person,
including rights relating to privacy and publicity;
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post, transmit, link to, or otherwise distribute any
inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful material or information;
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post, transmit, link to, or otherwise distribute any
information or software which contains a virus, worm,
cancelbot, trojan horse or other harmful or disruptive
component;
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upload, post, publish, transmit, reproduce, link to or
otherwise distribute in any way, information, software
or other material obtained through the Website or the
Services, or any derivative work thereof, which
is protected by copyright, or any other intellectual
property right, without obtaining permission of
the copyright owner or rightholder;
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impersonate or falsely represent your association with
any person; and use, reproduce, sell, resell or
otherwise exploit the Website or any of the Services
for any commercial purposes.
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Responsibility for Minors.
You are fully responsible for: |
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the online conduct of an authorized minor;
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controlling the authorized minor's access to and use of the
Website and any such Services; and
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the consequences of any misuse of the Website and
any such Services by the authorized minor.
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You accept responsibility to determine whether any of the
Services and/or Content are appropriate for an authorized
minor and what access the authorized minor will be allowed.
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Monitoring.
You agree that Hedonics Catalogue has the right to monitor
the Website or any content, products or services (collectively,
"Content"), from time to time and to disclose
any information as necessary to satisfy any law, regulation
or other governmental request, to operate the Website
or any of the Services properly, or to protect itself
or its users in accordance with the Hedonics Privacy
Commitment. Hedonics Catalogue reserves the right to refuse
to post or to remove any information or materials, in
whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of the Terms of Use. By using
the Website or the Services, you may have access to Content
that may be offensive or objectionable to you. Under no
circumstances shall Hedonics Catalogue be responsible
or liable, directly or indirectly, for loss or damage
of any kind as a result of any use of, or access to, any
such Content.
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Dealings with Third Parties.
Your correspondence or business dealings with any
third parties, including any suppliers or advertisers,
found on or through the Website, are solely between
you and such third parties. Hedonics Catalogue is not
responsible for any charges you or any user of your
account incurs when conducting business in this manner.
Further, you accept responsibility for ensuring compliance
with all applicable laws in connection with any such transactions.
You agree that Hedonics Catalogue shall not be responsible
or liable, directly or indirectly, in any way for any
loss or damage of any kind incurred as a result of, or
in connection with, any of such dealings or transactions.
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Search Content.
Any and all pictures, sounds, sound effects, sound
recordings, musical works, performances, graphics,
video, cinematic productions, audio-visual works
and any other works (the "Multimedia Content")
located through any Website search services are protected
by copyright and/or other intellectual property laws.
Hedonics Catalogue does not authorize you to reproduce,
distribute, publicly display, publicly perform, communicate
or create derivative works from any files containing such
Multimedia Content. Where search results link to sites
outside the Website, all of the Multimedia Content contained
on such sites is owned and served by entities other than
Hedonics Catalogue. |
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Professional Information.
Certain information provided by third parties related to
various professional fields such as, without limitation,
medicine, law, accounting and financial investments (the
"Professional Information") is provided for
educational and entertainment purposes only and should
not be interpreted as a recommendation for a specific
treatment plan, product or course of action. You agree
that all risk associated with the use of, or reliance on,
any of the Professional Information rests with you. You
agree that Hedonics Catalogue shall not be responsible or
liable, directly or indirectly, in any way for any loss
or damage of any kind incurred as a result of, or in
connection with, any of such dealings or transactions. |
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Third Party Content.
Hedonics Catalogue generally exercises no control over
third party content, web pages, or sites. It is your
responsibility to review and evaluate any such
content, and that any and all risk associated with the
use of, or reliance on, such content rests with you. You
agree that Hedonics Catalogue shall not be responsible
or liable, directly or indirectly, in any way for any
loss or damage of any kind incurred as a result of, or
in connection with, any of such dealings or transactions. |
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User Content.
In respect of any and all content which you elect to post on
the Website which is accessible by the general public, you
grant Hedonics Catalogue a world-wide, royalty-free,
nonexclusive, perpetual and unrestricted license to use, copy,
adapt, transmit, publicly display and perform, distribute and
create compilations and derivative works from such content
for the limited purposes of publishing such content and
promoting Hedonics Catalogue. Such license shall apply with
respect to any form, media, or technology now known or later
developed. With respect to any and all content you elect to
post or transmit using the Services, you agree that Hedonics
may preserve and disclose any content associated with your
Hedonics customer account where required to do so by law or
where such preservation or disclosure is reasonably believed
by Hedonics Catalogue to be necessary to ensure compliance
with the law, enforce the Terms of Use or protect the rights
and interests of Hedonics Catalogue or any other person. |
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Service Modifications.
You acknowledge and agree that Hedonics Catalogue may at any
time modify or discontinue the Website or any of the Services
with or without notice to you, and that Hedonics Catalogue will
not be held responsible or liable, directly or indirectly, to
you or any other person in any way for any loss or damage of any
kind incurred as a result of, or in connection with, any such
modifications or discontinuance. |
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Termination.
You acknowledge and agree that Hedonics Catalogue, in
its sole and absolute discretion, may, without notice
to you, suspend or terminate your use of, or access to,
the Website or any of the Services, and remove and discard
any information or content that you posted to or transmitted
using the Website or related to such Service. You further
agree that Hedonics Catalogue shall not be liable to you
or to any other person as a result of any such suspension
or termination. If you are dissatisfied with the Website,
any of the Services or with any terms, conditions, rules,
policies, guidelines, or practices of Hedonics Catalogue
in operating the Website and the Services, your sole and
exclusive remedy is to discontinue using the Website and
the Services. |
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Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS AND THAT THE
HEDONICS CATALOGUE MAKES NO WARRANTIES, REPRESENTATIONS
OR CONDITIONS (as used in this section "WARRANTIES")
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED;
AND
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HEDONICS CATALOGUE SPECIFICALLY MAKES NO WARRANTIES
THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY
CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM
OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WILL
BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
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Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT IN NO EVENT SHALL HEDONICS CATALOGUE, INCLUDING ITS
AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OREXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS,SAVINGS,
GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OFWHETHER
HEDONICS CATALOGUE HAD BEEN ADVISED OF OR COULD HAVEFORESEEN
THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF ORIN CONNECTION
WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCEOF ANY
OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZEDACCESS
TO OR MODIFICATION \TO ANY OF YOUR CONTENT ORTRANSMISSIONS,
OR (C) ANY OTHER MATTER RELATING TO THE WEBSITEOR ANY
OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING
IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE
OF ESSENTIAL PURPOSE. |
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Indemnity.
You agree to defend, indemnify and hold Hedonics Catalogue,
its affiliates, suppliers and other partners, directors,
officers, employees and agents harmless from any and all
liabilities, claims, costs and expenses, including reasonable
attorneys' fees, related to or in connection with your,
or any user of your account:
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violation of the Terms of Use;
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use of the Website or any of the Services;
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placement, posting or transmission of any message, information,
software or other content on the Website or through
anyof the Services
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No License; Intellectual Property of Hedonics Catalogue and
Others.
Except as expressly provided, nothing herein or within the Website
or any of the Services shall be construed as conferring any license
under any of the intellectual property rights of Hedonics or any
third party, whether by implication, waiver, estoppel, or
otherwise. Without limiting the generality of the foregoing, you
acknowledge and agree that certain content available through
and used to operate the Website and Services is protected
by copyright, trademark, patent, or other proprietary rights of
Hedonics Catalogue, its affiliates, and/or service providers.
You agree not to adapt, translate, modify, decompile, disassemble,
or reverse engineer any software, applications or programs used
in connection with the Website or the Services. |
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Trademarks.
The HEDONICS™ (word mark), the HEDONICS logo and related
HEDONICS trademarks and logos are registered and unregistered
trademarks of Hedonics Catalogue, Inc. All other product,
brand, company names, trademarks, logos or other intellectual
property used or displayed on the Website are the intellectual
property of their respective owners. Your use of any of
the intellectual property appearing on the Website is
expressly prohibited without the prior written consent
of Hedonics Catalogue or owner of the intellectual property,
as appropriate. |
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Ownership of Content.
The Website and all of its contents including, but
not limited to, all text and images ("Content") are
owned and copyrighted by Hedonics Catalogue or others
with all rights reserved unless otherwise noted. Your
use, copying, republication or redistribution of such
Content, including by caching, framing or similar means
is expressly prohibited without the prior written consent
of the Content owner. Further, you agree not to modify,
alter, or deface any of the Content available through
the Website nor use any of the forgoing for any purpose
other than the purpose for which such Content is made
available to users through the Website. |
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General.
The Website originates in Canada. The Terms of Use constitute
the entire agreement between Hedonics Catalogue and you
pertaining to your use of the Website and the Services
and supercede any prior agreements between you and Hedonics
Catalogue. Failure of Hedonics Catalogue to insist upon
or enforce strict performance of any right or provision
of the Terms of Use shall not constitute or be construed
as a waiver of any right or provision. If any of the provisions
(or parts thereof) contained in the Terms of Use are determined
to be void, invalid or otherwise unenforceable by a court
of competent jurisdiction, such determination shall not
affect the remaining provisions (or parts thereof) contained
herein. The Terms of Use shall be governed by and construed
in accordance with the laws of the Province of Ontario
and the federal laws of Canada applicable therein. The
parties have required that the Terms of Use and all documents
relating thereto be drawn up in English. Les parties ont
demandé que cette convention ainsi que tous les
documents que s'y rattachent soient rédigés
en anglais.
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