These Terms of Use form a legal agreement between you and Fresh Brand Gear regarding your access to and use of the website, services, and related features available through freshbrandgear.com.
Welcome to our website and services. We hope you enjoy using our facilities. Please understand that by continuing to access or use this website, you accept these Terms of Use. It is your responsibility to remain informed of any changes that may occur between visits. We may update these terms from time to time without separately notifying you.
1. Services
Fresh Brand Gear may allow users to:
- Create, design, and customize products listed for sale.
- Buy products that are listed for sale.
- Save and share designs that they create.
- Use picture and design tools made available on the website.
- Save created images and designs into public and personal galleries.
- Post created images to social networks or blogs where the user has the legal right to do so.
- Register to subscribe to special offers and use of galleries.
2. Using Our Services and Website
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.
2.1 Eligibility; Children Under 18
Fresh Brand Gear will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
If you are under the age of 18, but at least 13 years old, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may view the website but may not order products or services.
2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:
- Intellectual Property Rights means all industrial, commercial, and intellectual property rights, including equivalent, neighboring, or proximate rights recognized anywhere in the world now or in the future.
- Person means any form of legal entity as well as any quasi-legal entity.
- User means any person using the website and/or services provided by Fresh Brand Gear.
- A reference to any document, material, information, or data includes that material however stored, recorded, or embodied, including in electronic or digital media.
- The word includes in any form is not a word of limitation.
3. User Obligations
3.1 Responsibilities
Users are wholly and exclusively responsible, at their own cost, for:
- All telecommunications lines, modems, communication controllers, routers, multiplexers, terminals, and all other equipment, hardware, and software necessary to access and use the website and services.
- The use they make of the website, including any article, material, literary or artistic work, design, or other matter that they author, invent, create, develop, or produce.
- Complying with all laws, regulations, and rules in the user’s country or jurisdiction.
- Complying with any recommendations or guidelines issued by Fresh Brand Gear with respect to the use of the website and/or services.
- Ensuring that all electronic or other media used in connection with the website and services complies with these Terms of Use and all applicable laws, regulations, and rules.
3.2 Restrictions on Users
Users shall not, and have no right to, do any of the following:
- Reproduce, publish, distribute, sublicense, or resell the website and/or services to any person.
- Use the website to supply any service to any person.
- Modify, adapt, disassemble, recompile, or reverse engineer the website or services.
- Create, author, design, manufacture, market, publish, transmit, broadcast, distribute, or sell any material using the website or services that infringes rights, is defamatory, contains explicit sexual content, promotes illegal activity, exploits minors, or is otherwise offensive or in bad taste.
- Use spam, blast-faxes, or recorded telephone messages to market or sell products or services.
- Use, transfer, or implant any virus, routine, or program that disrupts, disables, or interferes with the website or the Fresh Brand Gear platform.
- Take any action that imposes an unreasonable or disproportionately large load on the website or services.
- Use a robot, spider, or other device or process to monitor activity on or copy pages from the website or services.
- Collect email addresses or other information from the website.
- Impersonate another person or entity.
- Engage in any activity that interferes with another person’s ability to use or access the website and/or services.
- Assist, procure, or aid any person to engage in any activity prohibited by these Terms of Use.
- Frame, link, or otherwise display the website so that it appears to be part of another website without specific agreement.
User acknowledges and agrees that Fresh Brand Gear may, in its sole discretion and without notice, terminate these Terms of Use, disable and deny access to the website and services, and take legal action against any user who engages in prohibited activity or conduct.
4. Fresh Brand Gear Obligations
4.1 Access to and Use of the Website and Services
Subject to the user complying with these Terms of Use, Fresh Brand Gear shall allow the user to access and use the website and services.
4.2 Privacy
Fresh Brand Gear may collect personal data concerning the user in the course of and incidental to the user’s use of the website and services. Fresh Brand Gear shall comply with its Privacy Policy, and the user consents to the collection, use, and disclosure of such data in accordance with that policy.
4.3 Training
The user acknowledges that Fresh Brand Gear has no obligation to provide any training or support in relation to the use or operation of the website and/or services.
4.4 Modification of the Website
Fresh Brand Gear reserves the right to modify the organization, structure, content, or look and feel of the website and/or services and may change, suspend, or discontinue any aspect of them at any time without notice or liability.
5. Intellectual Property Rights
5.1 Reservation of Title
The user acknowledges that these Terms of Use do not convey any right, title, or interest in or to any Intellectual Property Rights relating to the website and/or services, other than the limited authorization expressly granted herein. Fresh Brand Gear grants the user a limited, revocable license to access and use the website and services for their intended purposes, subject to compliance with these Terms of Use.
5.2 Prohibition on Infringement
The user agrees not to access or use the website and/or services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights or other rights of any person anywhere in the world.
5.3 Derivative Material
Subject to Section 5.2, the user shall own any Intellectual Property Rights in original material they author, design, or create using the website’s functionality. If the user chooses to add an item to a public gallery, the user grants Fresh Brand Gear an irrevocable, perpetual, non-exclusive, worldwide license to use, reproduce, display, and authorize others to use that material as permitted by law.
6. Registration
You may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under them. You agree to immediately notify Fresh Brand Gear of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
Fresh Brand Gear cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. Warranties
7.1 User Warranties
The user represents and warrants that, in using the website and services, they:
- Will not infringe the Intellectual Property Rights, trade secrets, privacy rights, publicity rights, or other legal rights of any person.
- Will comply with all applicable laws, rules, and regulations.
- Are not aware of any pending or threatened claims related to content used or proposed to be used by the user.
- Will not require Fresh Brand Gear to make payments or compensation to any person in connection with that content.
- Will not upload content containing viruses or other harmful programs or technologies.
7.2 Fresh Brand Gear Warranties
Fresh Brand Gear represents and warrants that it has the right to grant access to and license use of the website and services subject to these Terms of Use.
7.3 Caveats
The website and services are provided on an “as is” and “as available” basis. Nothing in these Terms of Use shall be construed as a representation or warranty that the website or services will be uninterrupted, error-free, accurate, meet the user’s requirements, or operate with the hardware or software used by the user.
The user acknowledges that the website and services may contain errors or bugs and may experience downtime or unexpected problems. Fresh Brand Gear does not control the flow of data through the internet and is not liable for disruptions caused by third parties or circumstances beyond its control.
7.4 Exclusion of Implied Warranties
Subject only to applicable law, all conditions, warranties, representations, indemnities, and guarantees that would otherwise be implied by statute, law, equity, trade custom, prior dealings, or otherwise, including implied warranties of merchantability, suitability, fitness for purpose, quiet enjoyment, and non-infringement, are expressly excluded.
7.5 No Representation or Reliance
The user acknowledges that neither Fresh Brand Gear nor any person acting on its behalf has made any representation or inducement to enter into these Terms of Use except as expressly stated herein, and that the user is not relying on any representation not expressly set out in these Terms of Use.
8. Exclusion and Limitation of Liability
8.1 Subject to Law
Nothing in these Terms of Use excludes, restricts, limits, or modifies any implied condition, warranty, or liability where doing so would be unlawful, including liability for fraud, deceit, death, or personal injury caused by negligence.
8.2 Exclusion of Liability
Subject to applicable law, Fresh Brand Gear shall not be liable for malfunctions, failures, defects, acts or omissions caused directly or indirectly by third parties, unauthorized actions of the user, misuse, modification, unlicensed products or services, power failure, force majeure, or other conditions outside normal operating conditions.
Fresh Brand Gear shall also not be liable for any loss, cost, damage, expense, lost profits, business interruption, loss of goodwill, incidental, indirect, consequential, special, exemplary, or punitive damages arising from or related to use of the website or services.
8.3 Links
Fresh Brand Gear may place links on the website to websites owned or operated by others. Fresh Brand Gear is not responsible for the operation, legality, accuracy, completeness, or content of those websites, and the user agrees not to make claims against Fresh Brand Gear arising from them.
8.4 Limitation of Liability
Subject to applicable law and except where otherwise excluded, Fresh Brand Gear’s sole liability for breach of these Terms of Use shall be limited to the substitution or replacement of any product or service ordered and paid for through the website.
8.5 Indemnity
The user shall indemnify and release Fresh Brand Gear from any liability, loss, cost, expense, or damage, including legal fees, arising from or relating to the user’s use of the website and/or services, any content uploaded or posted by the user, any breach of these Terms of Use, misuse or misappropriation of media or content, or any infringement of intellectual property, privacy, or publicity rights.
9. Termination
9.1 Termination
Fresh Brand Gear may, at any time and with or without cause, immediately terminate these Terms of Use or any rights granted to the user, including suspending access to the website and/or services. Any such termination does not relieve the user of obligations that accrued before termination.
The user may terminate these Terms of Use at any time by ceasing to access the website and use the services.
9.2 Effect of Termination
Upon expiry or termination, Fresh Brand Gear may delete websites, web pages, files, graphics, media, or other content relating to the user’s use of the website and services without liability. Termination does not affect any cause of action, right, remedy, or defense that has accrued before or after termination.
10. General
10.1 Severability
If any clause or part of a clause is found void, invalid, or unenforceable by a court or tribunal of competent jurisdiction, it shall be read down or severed only to the extent necessary in that jurisdiction, without affecting the validity or enforceability of the remaining provisions.
10.2 Variation
Fresh Brand Gear may amend these Terms of Use unilaterally at any time. The amended terms become effective immediately once posted on the website, and continued use of the website or services constitutes acceptance of those amended terms. If the user does not agree, the sole remedy is to stop using the website and services.
10.3 Waiver
A waiver, consent, election, or acquiescence under these Terms of Use is only effective if given or confirmed in writing by the relevant party.
10.4 Assignment
Fresh Brand Gear may at any time transfer, assign, novate, or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving the user no less than five (5) days’ notice in writing.
10.5 Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Alberta, Canada, without regard to conflict of law rules. Each party irrevocably submits to the exclusive jurisdiction of the courts of Alberta and the courts competent to determine appeals from those courts with respect to any proceedings relating to these Terms of Use.