MyLabelFactory.com

Terms of Use

This Terms of Use was last updated on March 29, 2016

MyLabelFactory.com WEBSITE TERMS OF USE

Katalyst Licensing & Promotions Inc. ("Katalyst", "Us", or "We") owns the MyLabelFactory.com website ("Site").  If you have questions about your purchase, please contact MyLabelFactory.com via the Contact Us form within the Customer Support section of the store.

For specifics regarding Payment Methods, Promotions and Discounts, Shipping and Delivery, Pricing and Tax information, and Returns and Exchanges, please see the relevant FAQs of the Customer Support portion of the Site.

By browsing and using this website you are agreeing to the terms and conditions set out below. In addition, by clicking the "I ACCEPT" icon anywhere on this website, for example in registering for a contest, you are providing your signature and you are confirming your agreement to the following terms and conditions and/or any other applicable terms and conditions on this website to which you have indicated your acceptance by clicking “I ACCEPT”. If you do not agree to these terms and conditions exit this website immediately.

MyLabelFactory.com may revise these terms and conditions from time to time, so you should review them periodically to ensure proper compliance because they are binding on you.

AGREEMENT TO TERMS
Your use of this website may not be available or permitted for disclosure and use in all jurisdictions, and shall only constitute an "offer or solicitation" where permitted, and only to the extent permitted, by law. This website shall not be used where, and to any extent, such use is prohibited by law. Your use of this website from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of this website is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using this website due to any restriction, including any age restriction.

ENTRY AT YOUR OWN RISK
By entering this website you acknowledge and agree that your use is at your own risk and that this website, MyLabelFactory.com, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this website are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of or browsing of this website or in connection with any content, information, data, promotions, activities, associated with this website, or in connection with your downloading of any materials, text, data, images, video or audio from this website, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

NO WARRANTY ON CONTENTS, INFORMATION AND MATERIALS
Although the specifications, features, illustrations, equipment and other information contained in this website are based upon reasonably current information, and while MyLabelFactory.com and Katalyst make reasonable efforts to ensure that the material on this website is correct, accuracy cannot be guaranteed and MyLabelFactory.com and Katalyst make no warranties or representations as to its accuracy.

MyLabelFactory.com and Katalyst rely upon others to provide the information that is included in this website without any direct or independent authentication, verification, assessment, and validation by whatsoever. All users of this website shall be solely and exclusively responsible to authenticate, verify, assess and validate all information that is included on this website. The information included in this website does not constitute, and shall not be considered, the advice, recommendation, or endorsement of MyLabelFactory.com or Katalyst.

UNLESS OTHERWISE AGREED TO IN WRITING BY MYLABELFACTORY.COM OR KATALYST, THE INFORMATION AND CONTENTS OF THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND IS FOR CONSUMER PRIVATE AND NON-COMMERCIAL END USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, MYLABELFACTORY.COM AND KATALYST MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, AUTHENTICITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION AND CONTENTS OF THIS WEBSITE.

SHOPIFY

This Site is hosted on Shopify Inc., Shopify provides the online e-commerce platform that allows us to sell these products and services to you. Your data is stored through Shopify's data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as it’s necessary to complete your purchase transaction. After the transaction is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by this Site and its service providers.

For more insight, you may also want to read Shopify's Terms of Service here or Privacy Statement here .


COPYRIGHT BELONGS TO MyLabelFactory.com and KATALYST
MyLabelFactory.com and Katalyst are the owners of copyright in this website and other intellectual property related to this website. No portion of this website, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without MyLabelFactory.com’s and Katalyst’s prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this website for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on this website in any other manner whatsoever and for any other purpose violates MyLabelFactory.com and Katalyst legal rights.

THE MyLabelFactory.com NAME, LOGO'S, TRADEMARKS BELONG TO KATALYST. By entering this website you acknowledge and agree that any name, logo, trademark or service mark contained on this website is owned or licensed by MyLabelFactory.com and Katalyst or one of its partners and may not be used by you without prior written approval. MyLabelFactory.com and Katalyst will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of MyLabelFactory.com may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

INTERNET NOT A SECURE MEDIUM
The Internet is not a secure medium, and neither the privacy of your communications, nor visits to this website, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. This website may include incomplete information, inaccuracies or typographical errors. MyLabelFactory.com, Katalyst and any other persons involved in the management of this website, may make changes in the information and content included in this website at any time without notice. MyLabelFactory.com and Katalyst shall not be responsible for any detrimental reliance you may place on this website or its contents. Except as otherwise provided herein, by entering this website you acknowledge and agree that any communication or material you transmit to this website, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to this website may be used by MyLabelFactory.com and Katalyst anywhere, anytime and for any reason whatsoever.

UNLAWFUL BEHAVIOUR
Do not use this website to communicate to others, to post on this website, or otherwise transmit to this website, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. MyLabelFactory.com and Katalyst and all parties involved in creating, producing or delivering this website, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above noted matters.

If this website contains bulletin boards, chat rooms, or other message or communications facilities, e-mail, (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:

  • commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever; 
  •  e-fame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 
  • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; 
  • infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation, any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property; 
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; 
  • delete any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded; 
  • falsify the origin or source of software, information or other material contained in a file that is uploaded; 
  • advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and
  • download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. 


You acknowledge and agree that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not monitored, screened, sanctioned or endorsed by MyLabelFactory.com and Katalyst, and such communications shall not be considered reviewed, screened, or approved by MyLabelFactory.com and Katalyst. MyLabelFactory.com and Katalyst reserves the right for any reason to remove at any time without notice any contents of the Forums received from users, including without limitation bulletin board postings. MyLabelFactory.com and Katalyst reserves the right to deny, in its sole and absolute discretion, any user access to this website or any portion, including Forums, thereof without notice.

HYPERLINKS
Although this website may be linked to other websites, MyLabelFactory.com and Katalyst are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked website, unless specifically stated therein. By entering this website you acknowledge and agree that has not reviewed all websites linked to this website and is not responsible for the content of any off-website pages or any other website linked to this website. Your linking to any other off-website pages or other websites is at your own discretion and risk.

REVISION OF THIS PAGE
MyLabelFactory.com and Katalyst reserve the right to revise these contractual terms and conditions concerning your future use of this website at any time and for any reason, without notice or obligation, to you.

APPLICABLE LAW
By entering this website you acknowledge and agree that this website, including contests and any goods and services offered on the website, and these contractual terms, shall be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of this website and all of the communications, transmissions and transactions associated with this website shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario, as the proper and most convenient forum concerning this website. If you use this website from another jurisdiction, you are responsible for compliance with any and all applicable local laws.

LANGUAGE
English shall be the language of this website, and all transactions occurring in connection with this website, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent website et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

MYLABELFACTORY.COM ACCESS CONTROL
We shall have the right, at all times, to prevent, intercept, prohibit or otherwise restrict, your access to and/or use of this website, including Forums, if MyLabelFactory.com and Katalyst determine, in its sole and absolute discretion, that you have not (or MyLabelFactory.com and Katalyst have a reasonable basis to believe or expect that you may not) fully complied with all of the provisions set out in this contract.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WEBSITE PROVIDERS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

MyLabelFactory.com and Katalyst shall not be responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in this website or by any technical or human error which may occur in the processing of submissions in this website. MyLabelFactory.com, Katalyst and its partners and agents assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries.

MyLabelFactory.com and Katalyst shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or members on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person's computer related to or resulting from using services or downloading materials in this website. If, for any reason, this website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of website Providers which corrupt or affect the administration, security, fairness, integrity or proper conduct of this website, Website Providers reserve the right to cancel, terminate, modify or suspend the services or website indefinitely.

You agree to indemnify and hold harmless MyLabelFactory.com, Katalyst and its agents and partners, and their respective parents, subsidiaries, affiliate, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that the website includes obscenity, libel, slander, or infringes upon the third party's intellectual property or privacy rights, as direct result of your actions in the use of the website. You further agree to not knowingly, damage or cause interruption of the services on the website; prevent others from using the website; or obtain or modify another user's non-public account information without their consent.

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