Terms of Use
The following terms and conditions govern all use of the www.stationmade.com website and all products and services offered by Us ("Service"). The Service is owned and operated by Tredger Enterprises Inc. ("Station", "Us, "We, or "Our"). By using the Service, you ("You", "Yourself" or "Your") agree to these Terms of Use in full. If You disagree with these Terms of Use, or any part of these Terms of Use, You must not use the Service.
By accessing or using this Service in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that We may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Service.
Station may change these Terms of Use and other guidelines and rules posted on the Service from time to time. Your continued access or use of the Service constitutes your acceptance of such changes. Your access and use of the Service will be subject to the current version of the Terms of Use, rules and guidelines posted on the Service at the time of such use. Please regularly check the "Terms" link in the footer of www.stationmade.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Service shall automatically terminate.
The Service uses cookies. By using the Service and agreeing to these Terms of Use, You consent to Our use of cookies in accordance with the terms of Our Privacy Policy.
License to use the Service
All images and other content on this Service (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws").
Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein, Station does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Service or any or the Content.
You must not:
- engage in any conduct that shall constitute a violation of any law or that infringes the rights of Station or any third party;
- violate any applicable laws or regulations related to the access to or use of the Service, or engage in any activity prohibited by the Terms of Use;
- violate the rights of Station or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Acceptable use
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Service or Content without Our express written consent.
Station trademarks
For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Station.
Nothing contained herein grants or shall be construed to grant you any rights to use any Station Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use Station's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Station.
You agree that you will not contest or otherwise challenge (eg in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Station Trademarks or the Trademark rights claimed by Station.
You agree that you will not use any Station Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without Station's prior written consent any word or mark which is similar to or likely to be confused with Station's Trademarks.
The look and feel of the Station website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Station and may not be copied, imitated or used, in whole or in part, without the prior written consent of Station.
All other trademarks, product names, and company names or logos used or appearing on the Station website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Station, unless expressly so stated.
You may not use a Station trademark, logo, Image or other proprietary graphic of Station to link to the Station website without the prior written consent of Station. You may not frame or hotlink to the Station website or any Image without the prior written consent of Station.
Restricted access
Access to certain areas of the Service is restricted. We reserve the right to restrict access to other areas of the Service, or indeed the whole Service, at Our discretion.
If You create an account and subsequently a password to enable You to access restricted areas of the Service or other services, You must ensure that the password is kept confidential. You must notify Us immediately if You become aware of any unauthorised use of Your account or password.
You are responsible for any activity on the Service arising out of any failure to keep Your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person’s account and password to access the Service, unless You have that person’s express permission to do so.
We may deactivate Your account at any time in Our sole discretion with or without notice or explanation.
User content
You understand and agree that all information, including, without limitation, text, images, audio material, video material, links, addresses, data, functionality and other materials ("Content") that You or a third party allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, "Your Content") is Your responsibility and not Our responsibility.
You grant to Us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media. You also grant to Us the right to sub-license these rights and the right to bring an action for infringement of these rights. If You delete Content, we will use reasonable efforts to remove it from the Service, but You acknowledge that caching or references to the Content may not be made immediately unavailable.
By making Content available, You represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- You have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Station or otherwise.
- Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law).
You must not submit any Content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We have the right (though not the obligation) to, in Our sole discretion (i) refuse or remove any Content that, in Our reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Our sole discretion.
You understand that all content uploaded to the Service will be continually monitored for illegal content, and should any be found, will be erased immediately. This is in relation to any items deemed illegal by content as well as illegal due to copyright infringement.
Responsibility of service visitors
Station has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s Content, use or effects. By operating the Service, Station does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Service may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Station disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of Content there posted.
Content posted on other websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.stationmade.com links, and that link to www.stationmade.com. Station does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Station does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Station disclaims any responsibility for any harm resulting from your use of other websites and webpages.
Limited warranties
We do not warrant the completeness or accuracy of the information published on this Service; nor do we commit to ensuring that the Service remains available or that the material on the Service is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Service and the use of this Service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and exclusions of liability
Nothing in these Terms of Use will: (a) limit or exclude Our or Your liability for death or personal injury resulting from negligence; (b) limit or exclude Our or Your liability for fraud or fraudulent misrepresentation; (c) limit any of Our or Your liabilities in any way that is not permitted under applicable law; or (d) exclude any of Our or Your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these Terms of Use or in relation to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to You in respect of any losses arising out of any event or events beyond Our reasonable control.
We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to You in respect of any loss or corruption of any data, database or software.
We will not be liable to You in respect of any special, indirect or consequential loss or damage.
Indemnity
You agree to defend, indemnify and hold harmless Station, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Service, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Station Images, or your violation of any rights of another.
Breaches of these Terms of Use
Without prejudice to Our other rights under these Terms of Use, if You breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending Your access to the Service, prohibiting You from accessing the Service, blocking computers using Your IP address from accessing the Service, contacting Your internet service provider to request that they block Your access to the Service and/or bringing court proceedings against You.
Assignment
We may transfer, sub-contract or otherwise deal with Our rights and/or obligations under these Terms of Use without notifying You or obtaining Your consent.
You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these Terms of Use.
Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and or unenforceable, the other provisions will continue in effect. If any unlawful andor unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third party rights
These Terms of Use are for the benefit of You and Us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of Our and Your rights in relation to these Terms of Use is not subject to the consent of any third party.
Entire agreement
Subject to the first paragraph of Section 9, these Terms of Use, together with Our Privacy Policy, constitute the entire agreement between You and Us in relation to Your use of the Service and supersede all previous agreements in respect of Your use of the Service.
Governing law and jurisdiction
This agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario. You hereby consent to the personal jurisdiction of the provincial and federal courts located within such province. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the Province, County and City of Toronto and not elsewhere.
You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
Refunds
We do not offer refunds on purchases made through Our Service. All sales from www.stationmade.com are final and We will have no obligation to provide a refund of any amounts previously paid.
Station products sold by third party merchants including, but not limited to, the Shopify App Store, are subject to the refund policies set forth by the merchant from which the product was purchased. Please contact the merchant directly with Your request as We are in no way able to process refunds from third parties.
Legal entity
Station is a wholly owned subsidiary of Tredger Enterprises Incorporated.
Tredger Enterprises Inc. is registered in Ontario, Canada. If you have any questions about these terms, You can contact Us by email at hello@stationmade.com.