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Aspri Terms of Use

Acceptance This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Aspri Creative Acoustics Inc. (“Aspri”), the owner and operator of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips and video clips (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website.

Privacy Policy Please review our Privacy Policy, which also governs your visit to this Website, to understand our practices.

Purchasing Policy Please review our Purchasing Policy, which also governs your visit to this Website, to understand our practices.

Electronic Communications When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Feedback Any comments or materials (“Submissions”) that you send to Aspri shall be treated as non-confidential unless otherwise agreed between you and Aspri in writing. You hereby grant Aspri a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in your Submission in favour of Aspri, (ii) consent to your name, address and e-mail appearing as the contributor of your Submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission, (iii) acknowledge and agree that Aspri is not responsible for any loss, damage or corruption that may occur to your Submission, and (iv) acknowledge and agree that your Submission will be nonconfidential.

Security Any information sent or received over the internet is generally unsecure. Aspri cannot guarantee the security of any communication to or from the Web site.

Copyright All Content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Aspri or its content suppliers and protected by copyright laws. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Aspri.

Trademarks ASPRI is a registered trademark of Aspri. Aspri’s trademarks may not be used in connection with any product or service that is not Aspri’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aspri. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of Aspri or third parties. While certain trademarks of third parties may be used by Aspri under license, the display of third party trademarks on the Website should not be taken to imply any relationship or license between Aspri and the owner of the trademark or to imply that Aspri endorses the wares, services or business of the owner of the said trademark.

License and Site Access Aspri grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Aspri. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aspri. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aspri without Aspri’s prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Aspri’s name or trademarks without the prior express written consent of Aspri. Any unauthorized use terminates the permission or license granted by Aspri. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Aspri, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Aspri logo or other proprietary graphic or trademark as part of the link without Aspri’s express prior written permission.

Your Account If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Aspri does sell products for minors, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with involvement of a parent or guardian. Aspri reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Aspri reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Aspri a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Aspri and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Aspri for all claims resulting from content you supply. Aspri has the right but not the obligation to monitor and edit or remove any activity or content. Aspri takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss All items purchased from Aspri are made pursuant to the Purchase Agreement. This means that the risk of loss passes to you upon deliver and title for such items pass to you upon your full payment therefore.

Linking The Website may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Aspri of the contents of such third-party web sites. Aspri is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party web sites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party web sites, or (iii) any representation or warranty that the operation of such third-party web sites will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected, or that such third-party web sites will be free from viruses or other harmful components. While Aspri encourages links to the Website, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Aspri or which contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Aspri reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Aspri.

Disclaimer of Warranties THIS WEBSITE AND ALL INFORMATION AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY ASPRI ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASPRI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASPRI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT (I) DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (II) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, OT (III) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED.

Limitation of Liability TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASPRI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASPRI DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ASPRI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASPRI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ASPRI KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law and Jurisdiction By accessing or using the Website, you agree that all matters relating to your access to, or use of the Website and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the Courts of Toronto, Ontario, with respect to all disputes relating to your visit to the Website, or to products or services sold or distributed by Aspri or through the Website.

Site Policies Please review our other policies posted on this Website. These policies also govern your visit to the Website.

General Terms This Agreement constitutes the entire agreement between you and Aspri with respect to the subject matter hereof. Aspri may revise the Website, this Agreement or other policies posted on this Website at any time. Use of the Website after such changes are posted will signify your acceptance of these revised terms. This Agreement shall enure to the benefit of, and be binding upon, you and Aspri and each of our respective successors and assigns. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Notice Questions or comments regarding the Website should be directed by e-mail to [email protected].

© 2023, Aspri Creative Acoustics Inc. All rights reserved.