1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Confetti Magazine account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Confetti Magazine may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Confetti Magazine will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Confetti Magazine cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that are uploaded under your Confetti Magazine Account (“Website Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Confetti Magazine will result in an immediate termination of your services.
WHICH MEANS – Don’t use Confetti Magazine for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon purchasing advertising through Confetti Magazine, your advertising will be preset to automatically renew each year so long as your Confetti Magazine Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
WHICH MEANS – The person signing up for the Confetti Magazine Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service. Any advertisement you purchase through us will automatically renew unless you opt out after the required time is fulfilled.
3. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Alberta with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Confetti Magazine may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Confetti Magazine’s website, available at https://www.confettimagazine.ca/terms/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Confetti Magazine’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Confetti Magazine service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Alberta. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Confetti Magazine.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Confetti Magazine or Confetti Magazine trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to [email protected]
- You understand that your Website Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The parties have required that the Terms of Service and all documents relating thereto be drawn up in English.
WHICH MEANS – The Confetti Magazine service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If a dispute arises the issue will be dealt with in the Province of Alberta. Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Confetti Magazine Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Website Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Confetti Magazine customer, Confetti Magazine employee, member, or officer will result in immediate Account termination.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Confetti Magazine employees and contractors may also be Confetti Magazine customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Confetti Magazine retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Confetti Magazine reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
WHICH MEANS – We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a Confetti Magazine account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
- You expressly understand and agree that Confetti Magazine shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Confetti Magazine or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Confetti Magazine partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Confetti Magazine does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Confetti Magazine does not warrant the results that may be obtained from the use of the Service will be accurate or reliable.
- Confetti Magazine does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
WHICH MEANS – We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions at times and we provide no warranties.
6. Waiver and Complete Agreement
The failure of Confetti Magazine to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Confetti Magazine and govern your use of the Service, superseding any prior agreements between you and Confetti Magazine (including, but not limited to, any prior versions of the Terms of Service).
WHICH MEANS – If Confetti Magazine chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Confetti Magazine don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Confetti Magazine service. All material you upload remains yours.
- By uploading Content, Profiles or Advertisements, you agree: (a) to allow other internet users to view your Website Content; (b) to allow Confetti Magazine to display and store your Content or Advertisement; and (c) that Confetti Magazine can, at any time, review all the Content submitted by you to its Service.
- You retain ownership over all Content that you upload to a Confetti Magazine; however, by making your advertisement or content public, you agree to allow others to view your Content. You are responsible for compliance of Content with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Confetti Magazine shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your website to promote the Service.
WHICH MEANS – Anything you upload remains yours and is your responsibility.
8. Payment of Fees
- You will pay the Fees applicable to your advertisement. including but not limited to fees relating to online advertisements (“Online Fees”), and any advertising fees related to publications (“Publication Fees”). Together, the Online Fees, Publication Fees are referred to as the “Fees”.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Confetti Magazine will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Confetti Magazine will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Canadian dollars, and all payments shall be in CDN currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Confetti Magazine’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Confetti Magazine administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Confetti Magazine’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Confetti Magazine’s products and services, including without limitation, your subscription to or purchase of Confetti Magazine’s Online Services, POS Services, POS Equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Confetti Magazine’s products and services, you must provide us with a statement by email to [email protected] stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Confetti Magazine’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Confetti Magazine’s products and services, which will be billed to your Authorized Card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to [email protected]
- Confetti Magazine does not provide refunds.
WHICH MEANS – A valid credit card is required for online advertising. You will be billed for your Online Fees every 30 days and have 2 weeks to pay. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
9. Cancellation and Termination
- You may cancel your Account at anytime by emailing [email protected] and then following the specific instructions indicated to you in Confetti Magazine’s response.
- Upon termination of the Services by either party for any reason:
- Confetti Magazine will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Confetti Magazine for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your profile and advertisement will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Confetti Magazine Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Confetti Magazine may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
WHICH MEANS – To initiate a cancellation, email [email protected] Confetti Magazine will respond with specific information regarding the cancellation process for your account. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
10. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from Confetti Magazine. Such notice may be provided at any time by posting the changes to the Confetti Magazine Site (confettiemagazine.ca) or the administration menu of your Confetti Magazine store via an announcement.
- Confetti Magazine reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Confetti Magazine shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
WHICH MEANS – We may change or discontinue the service at anytime, without liability.
11. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Confetti Magazine’s partners or other third parties.
- Confetti Magazine may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Confetti Magazine App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Confetti Magazine’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Confetti Magazine has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Confetti Magazine’s websites, including the Confetti Magazine App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Confetti Magazine. Confetti Magazine strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Confetti Magazine is not responsible for any disclosure, modification or deletion of your data or Website Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Website Content.
- Under no circumstances shall Confetti Magazine be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Confetti Magazine has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
WHICH MEANS – We are not responsible for third party services so use them at your own risk. If you use any third party services on the Confetti Magazine platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
12. DMCA Notice and Takedown Procedure
Confetti Magazine supports the protection of intellectual property and asks Confetti Magazine merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Confetti Magazine’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure
Last Updated: June 2016