In this document, LeBlanc Avenue outlines the terms of use of its website. Before using any of the LeBlanc Avenue services, read, understand and agree to these terms.
1. DESCRIPTION OF SERVICE
www.leblancavenue.ca (LeBlanc Avenue or “we”) deliver a platform via its Website to a community of registered and unregistered users (also referred to as: “customers,” “clients,” “users” or “you”) to upload artwork, photos and other visual content and have their artwork screen printed, direct to items printed, vinyl heat pressed, embroidered on a vast and growing selection of products.
2. ACCEPTANCE OF TERMS
By using our services, you agree to comply with and be legally bound by these terms and our privacy policy, and any applicable laws. If you, the User, do not agree to any provision of these terms, you must discontinue the registration process and your use of the services, and if you are already registered, cancel your account.
3. MODIFICATION OF TERMS
LeBlanc Avenue reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, LeBlanc Avenue will notify you by posting an announcement on the Website. What constitutes a modification will be at the sole discretion of LeBlanc Avenue. User will be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any Visual Content shall constitute your acceptance of the Terms as modified.
Your access to, and use of, the Website and our Services may be interrupted from time to time due to equipment malfunction, updating, maintenance or repair of the Website or any other reason within or outside the control of LeBlanc Avenue. LeBlanc Avenue reserves the right to suspend or discontinue the availability of the Website or any Service and remove any Visual Content at any time at its sole discretion and without prior notice. LeBlanc Avenue may also impose limits on certain features and Services or restrict your access to parts of or all of the Website and the Services without notice or liability. The Website should not be used or relied upon for storage of your Visual Content, and you should retain your copies of all Visual Content posted on the Website.
4. REGISTRATION
As a condition to using Services, you can open an account with LeBlanc Avenue, select a password and username, and provide registration information on the Website. The registration information you provide must be accurate, complete, and current at all times. Failure to provide accurate and complete information constitutes a violation of the Terms, which may result in immediate termination of your access to the Services by either terminating your email access or your account.
You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining your password’s confidentiality and are solely responsible for all undertaking resulting from the use of your password and conducted through your LeBlanc Avenue account.
Services are available to authorized representatives of legal entities and individuals who are either at least 14 years old and authorized to access the Website by a parent or legal guardian. If you have authorized a minor to use the Website, you are responsible for the minor’s online conduct and the consequences of any misuse of the Website by the minor.
5. USER CONDUCT
All content posted or otherwise submitted to the Website is the sole responsibility of the account holder wherefrom such content originates, and you acknowledge and agree that you, and not LeBlanc Avenue, are entirely responsible for all content you post otherwise submit to the Site. LeBlanc Avenue does not control user-submitted content and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that you may be exposed to offensive, indecent, or objectionable content by using the Site.
As a condition of use, you promise not to use the Services for any purpose or prohibited by these Terms or any other purpose not reasonably intended by LeBlanc Avenue. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any LeBlanc Avenue, user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To create multiple accounts to vote for or against users’ Visual Content;
- To post copyrighted communications or visual content that is not owned by you or, except for commenting on Visual Content in Blogs, where you may post such content with explicit mention of the author’s name and a link to the source of the content;
- Except for accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inflate or alter vote counts, blog counts, comments, or any other Service or to give or receive money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Visual Content of another person; or
- To sell or otherwise transfer your profile.
- To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement that addresses under “COPYRIGHT COMPLAINTS” below), please send written notice to LeBlanc Avenue email: [email protected].
You are solely responsible for your interactions with other users of the Site. LeBlanc Avenue reserves the right but has no obligation to monitor disputes between you and other users.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the Site. By submitting content to the Website, you grant LeBlanc Avenue a worldwide, non-exclusive license to use the Visual Content. You are representing and warranting to LeBlanc Avenue that you own the Visual Content, or you are authorized to represent or distribute the Visual Content and that LeBlanc Avenue is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of LeBlanc Avenue’s agreement to allow you to use the Services, you agree with LeBlanc Avenue as follows:
- You acknowledge that:
- You must photograph any Visual Content uploaded to your account;
- By uploading your photographic or graphic works to LeBlanc Avenue, you retain full rights to those works that you had before uploading.
- By posting Visual Content to the Site, you grant LeBlanc Avenue a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. This license will exist for the period during which the Visual Content is posted on the Site and will automatically terminate upon the removal of the Visual Content from the Site;
- The license granted to LeBlanc Avenue includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Visual Content is attributed under the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to LeBlanc Avenue (notwithstanding the preceding, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
- LeBlanc Avenue has the right to modify, alter and amend photo titles, descriptions, tags and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents to create tags for Visual Content;
- LeBlanc Avenue uses industry-recognized software and measures to restrict users’ and visitors’ ability to make high-resolution copies of Visual Content posted on the Site. Notwithstanding this, LeBlanc Avenue makes no representation and warranty that you will not unlawfully copy visual content posted on the Site without your consent. LeBlanc Avenue does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Visual Content posted on the Site, and you at this moment expressly authorize LeBlanc Avenue to permit users and visitors to the Site to make such low-resolution copies of the Visual Content; and
- Subject to the terms of the preceding license, ownership or other rights in the Visual Content, including any intellectual property rights or other proprietary rights associated with the Visual Content, are retained by you or the Visual Content owner represented by You.
- You represent and warrant that:
- You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the Site;
- You have complete authority and right to enter into this agreement and to grant to LeBlanc Avenue the rights in the Visual Content herein granted, and that no further permissions require from, nor payments required to do to any other person in connection with the use by LeBlanc Avenue of the Visual Content as contemplated herein; and
- The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor seek, obtain, or enforce any injunctive or other equitable relief against LeBlanc Avenue, all of which such rights are at this moment expressly and irrevocably waived by you in favour of LeBlanc Avenue.
7. COPYRIGHT COMPLAINTS
LeBlanc Avenue respects the intellectual property rights of others. Our policy is to respond promptly to any claim that content uploaded to the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. LeBlanc Avenue will use reasonable efforts to investigate notices of alleged infringement and take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the content claimed to be infringing and terminating accounts and access to the Site.
To notify LeBlanc Avenue of a possible Infringement, you must submit your notice in writing to the attention of “Copyright Infringement” care of [email protected] and include in your notice a detailed description of the alleged infringement sufficient to enable LeBlanc Avenue to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to content in response to a notice of infringement, we will make reasonable attempts to contact the user who posted the affected content. If you feel that your content is not infringing, you may provide LeBlanc Avenue with a counter-notice in writing to the attention of “Copyright Infringement Counter Notification” [email protected]. You must include in your counter notice sufficient information to enable LeBlanc Avenue to make a reasonable determination. Please note that you may be accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.
Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement
LeBlanc Avenue reserves the right to remove any Visual Content or Communications that allegedly infringes another person’s copyright. LeBlanc Avenue will terminate users who are repeat infringers of another person’s copyright in appropriate circumstances. Notices to LeBlanc Avenue regarding any alleged copyright infringement should go to LeBlanc Avenue via email at [email protected].
If you believe in good faith that your work has is in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any);
- A description of the copyrighted work that you claim has infringed;
- A description of where on the Website the material that you claim is infringing may find sufficient for LeBlanc Avenue to locate the material (e.g., the URL);
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright LeBlanc Avenue, its agent, or the law and is not a fair use;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature.
8. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LeBlanc Avenue has no control over such sites and resources, you acknowledge and agree that LeBlanc Avenue is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LeBlanc Avenue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. RELEASE AND INDEMNITY
You at this moment expressly and irrevocably release and forever discharge LeBlanc Avenue, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns of and from all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or because of, or arising directly or indirectly out of your use of the Site and the Services.
You at this moment agree to indemnify and hold harmless LeBlanc Avenue, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of
- A breach of these Terms,
- Content posted on the Site,
- The use of the Services, by you or any person using your account or LeBlanc Avenue Username and password,
- The sale or use of your Images, or
- Any violation of any rights of a third party.
10. TRADEMARKS
LeBlanc Avenue, www.leblancavenue.ca and other LeBlanc Avenue graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress LeBlanc Avenue. LeBlanc Avenue’s trademarks and trade dress may not use in connection with any product or service without the prior written consent of LeBlanc Avenue. The images and icons available in the LeBlanc Avenue icon pack, may be used by partners and third-party sites to provide appropriate links to the LeBlanc Avenue Site.
11. TERMINATION
LeBlanc Avenue may terminate or suspend all Services and your LeBlanc Avenue account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your LeBlanc Avenue account, you may discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Visual Content from your account before termination. Upon termination of your account, LeBlanc Avenue will automatically remove all Visual Content posted to your account.
12. WARRANTY DISCLAIMER
You use the Website and the services at your own risk. The Website and the services are provided on an “as is, as available” basis. LeBlanc Avenue expressly disclaims all warranties, including merchantability, title, fitness for a particular purpose and non-infringement. LeBlanc Avenue disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to
- any errors in or omissions from this Site and the services, including, but not limited to, technical inaccuracies and typographical errors,
- third party communications,
- any third party websites or content directly or indirectly accessed through links in the Site, including but not limited to any errors or omissions,
- the unavailability of all or any part of the Site or the services,
- your use of the Site or the services, or
- your use of any equipment or software in connection with the Site or the services.
13. LIMITATION OF LIABILITY
Except as otherwise provided by law, neither LeBlanc Avenue nor any of its affiliates, parents, subsidiaries, directors, shareholders, employees or agents shall be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the Website, any facts or opinions appearing thereon, or the services. LeBlanc Avenue shall not be liable for any special, direct, indirect, accidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the Website or the services. To the extent the preceding limitation of liability is prohibited or fails of its essential purpose, LeBlanc Avenue’s sole obligation to you for damages shall be limited to $100.00.
You and LeBlanc Avenue agree that any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basis. You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney action, or any proceeding in which you act or propose to act in a representative capacity. You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of LeBlanc Avenue and all parties to any such proceeding.
14. QUOTES, ORDERS, PROOFS & CANCELLATIONS
Any quotes not accepted after 30 days are subject to review. LeBlanc Avenue has the right to change its prices at any time without notice.
Some users may request a proof, and proofs will be provided on an “as decided by employees of LeBlanc Avenue” basis. If proofs are not verified in 36 hours, the order will be considered correct and processed as is; this includes online confirmation of the order after placing an order. If there is no contact for 36 hours after an order is placed, it is assumed that the user has seen the order confirmation and agrees to the order as shown. When the order is shipped under these conditions, the order is considered acceptable and fulfilled. You must make other claims regarding an order within five (5) days of order receipt. LeBlanc Avenue will offer no exchanges, refunds, replacements, or other compensation after five (5) days of order receipt. Due to the variation of laundering conditions and detergents, LeBlanc Avenue does not guarantee any garment or product against fading, shrinking, or warping of any kind.
Delays in proofing, courier delivery and other uncontrollable events can occur. No order is considered placed until we have received all related order information and confirmation of payment, along with the artwork. Once an order is placed, orders cannot modify it. All orders are deemed fulfilled within 3% of the order quantity and billed accordingly.
LeBlanc Avenue reserves the right to refuse or cancel orders at our sole discretion. If the user decides to cancel an order, LeBlanc Avenue is entitled to full reimbursement for any work already completed and penalties and restocking fees. LeBlanc Avenue will take this from any payment made in advance of the completion of the order.
Also, under-runs are not to exceed 3% of quantities ordered (or another percentage as agreed upon). Any orders that fall within the agreed-upon under-run margin are considered acceptable and fulfilled.
All orders are considered bulk packaged unless otherwise noted. LeBlanc Avenue reserves the right to charge an agreed-upon rate for individual folding, tagging, bagging, sorting if requested by the customer.
15. COLOURS
Because of the nature of the equipment used, garments, inks, and other reasonable conditions defined by LeBlanc Avenue as affecting colour variation, a reasonable variation in colour between proofs (& order confirmations) and a completed job are considered acceptable and fulfilled.
16. PRODUCTION
Production times are estimates. LeBlanc Avenue is not responsible for any losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages) and reasonable attorneys’ fees resulting from or arising out of early or late shipments.
Production schedules will be agreed upon and adhered to by customers. Leblanc Avenue provided that neither shall incur any liability or penalty due to state of war, riot, civil disorder, fire, strikes, accidents, the action of government or civil authority and acts of God or other causes beyond the control of either party.
Before an order can begin production, it must be paid in full unless agreed upon in advance. Orders not paid in full will not be considered “in production.” Production time begins after an order is paid and when ALL materials (if the client/customer is supplying them) are on-premises accounted for by LeBlanc Avenue.
We will do what we can to ensure your art is print-ready, which means we will have to clean up or fix artwork. Providing artwork that is not print-ready (low quality, needing adjustments) may cause production delays, and the Estimated Delivery date for the order will begin after LeBlanc Avenue has fixed the artwork and made it print-ready.
17. DELIVERY
Title for finished work shall pass to the customer upon delivery to the carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. Although couriers and Postal Services are reliable, they do make mistakes. Therefore, we cannot be held responsible for late-arriving shipments; we can only guarantee that the order has left our premises on time.
18. SUPPLY AND GARMENT VARIATIONS
Availability of merchandise is subject to change or discontinuance without notice. All information provided by suppliers to LeBlanc Avenue is deemed reliable but without LeBlanc Avenue’s guarantee. LeBlanc Avenue has no responsibility for a supplier’s inability to supply merchandise.
While we attempt to show colours of garments on our Website accurately, you recognize that the actual colour of any merchandise may differ from that shown on our Website due to the nature of a garment’s manufacturing process, which includes, but is not limited to: variations in colour (due to dye lots) and sizing.
19. MISCELLANEOUS
The Terms governed and construed under the laws of the Province of Ontario, as if made within Ontario between two residents thereof, The United Nations Convention on the International Sale of Goods shall not apply and is expressly excluded.
INDEMNIFICATION OF LeBlanc Avenue
You agree to defend, indemnify and hold LeBlanc Avenue and its affiliates, partners, sponsors, and respective directors, officers and employees of each, harmless from and against all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these terms or use by you or any other third party of the services. LeBlanc Avenue reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
GENERAL
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements concerning the subject matter. LeBlanc Avenue will not apply any rule of construction, stating that ambiguities are to be resolved against the drafting party in constructing or interpreting these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall be resolved by reference to the English version to the fullest extent permitted by applicable law. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered a waiver of any prior, subsequent or other default or breach.