The following document outlines the terms of use of the A1 Promotions Ltd. website. Before using any of the A1 Promotions Ltd. services, you are required to read, understand and agree to these terms.
1. DESCRIPTION OF SERVICE
A1promotions.ca ( A1 Promotions Ltd. or “we”) provides a platform via its website and apps (the “site”) to a community of registered and unregistered users (“customers”, “clients”, “users” or “you”) to upload artwork, photos and other visual content (“visual content”) and have their artwork screen printed, direct to garment printed, direct to fabric, vinyl heat pressed, embroidered (“printed”) on a vast and growing selection of products.
2. ACCEPTANCE OF TERMS
By using the services, you are agreeing, on behalf of yourself and those you represent, to comply with and be legally bound by these terms as well as our privacy policy and all applicable laws. if you, for yourself or on behalf of those you represent, do not agree to any provision of these terms, you must, for yourself and on behalf any such person(s), discontinue the registration process, discontinue your use of the services, and, if you are already registered, cancel your account.
3. MODIFICATION OF TERMS
A1 Promotions Ltd. 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, A1 Promotions Ltd. will notify you by posting an announcement on the site. What constitutes a material change will be determined at A1 Promotions Ltd.’s sole discretion. You shall 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.
In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such services.
Your access to and use of the site and our services may be interrupted from time to time due to equipment malfunction, updates, maintenance, or repairs of the site or any other reason beyond the control of A1 Promotions Ltd. A1 Promotions Ltd. reserves the right to suspend or discontinue the availability of the site and/or any service and/or remove any visual content at any time at its sole discretion and without prior notice. A1 Promotions Ltd. may also impose limits on certain features and services or restrict your access to parts of or all of the site and the services without notice or liability. The site should not be used or relied upon for storage of your Visual Content, and you are directed to retain your copies of all visual content posted on the site.
4. REGISTRATION
As a condition of using our services, you must open an account with A1 Promotions Ltd., select a password and username, and provide the required registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your access to the Services, either by terminating your email access or your account.
You may not use as a username the name of another person or entity, or a name or trademark 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 the confidentiality of your password. You are solely responsible for all activities resulting from the use of your password and conducted through your A1 Promotions Ltd. account.
Services are available to authorized representatives of legal entities and to individuals who are at least 14 years old and have been authorized by a parent or legal guardian to access the site. If you have authorized a minor to use the site, you are responsible for the online conduct of such minor and the consequences of any misuse of the site by the minor.
5. USER CONDUCT
All content posted or otherwise submitted to the site is the sole responsibility of the account holder from which such content originates, and you acknowledge and agree that you, and not A1 Promotions Ltd., are entirely responsible for all content that you post or otherwise submit to the site. A1 Promotions Ltd. does not control user-submitted content and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the site, you may be exposed to content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by A1 Promotions Ltd.. 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 infringe 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 a password, account, or private information from any A1 Promotions Ltd. 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 visual content or other communications that do not belong to 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 the 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, which is addressed under “COPYRIGHT COMPLAINTS” below), please send written notice to A1 Promotions Ltd. at email: info@A1promotions.ca
You are solely responsible for your interactions with other users of the site. A1 Promotions Ltd. 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 site you are granting A1 Promotions Ltd. a worldwide, non-exclusive license to use the visual content and are representing and warranting to A1 Promotions Ltd. that the visual content is either owned or you are authorized to represent or distribute the visual content, and that A1 Promotions Ltd. 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 A1 Promotions Ltd.’s agreement to allow you to use the services, you agree with A1 Promotions Ltd. as follows:
- You acknowledge that:
- You must photograph any visual content uploaded to your account.
- By uploading your photographic or graphic works to A1 Promotions Ltd., you retain full rights to those works that you had before uploading.
- By posting visual content to the site, you grant A1 Promotions Ltd. 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 A1 Promotions Ltd. includes the right to use visual content wholly 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 in accordance with 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 A1 Promotions Ltd. (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
- A1 Promotions Ltd. 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
- A1 Promotions Ltd. utilizes industry-recognized software and measures to restrict users and visitors to the site from making high-resolution copies of visual content posted on the site. Notwithstanding this, A1 Promotions Ltd. makes no representation and warranty that visual content posted on the site will not be unlawfully copied without your consent. A1 Promotions Ltd. 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 hereby expressly authorize A1 Promotions Ltd. to permit users and visitors to the site to make such low-resolution copies of the visual content.
- Subject to the terms of the foregoing 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 the complete authority and right to enter into this agreement and to grant to A1 Promotions Ltd. the rights in the visual content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by A1 Promotions Ltd. of the visual content as contemplated herein; and
- The visual content does not defame any person and does not infringe upon copyright, moral rights, publicity rights, privacy rights, or any other rights of any person, nor does it violate any law, judicial order, or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against A1 Promotions Ltd., all of which such rights are hereby expressly and irrevocably waived by you in favour of A1 Promotions Ltd..
7. COPYRIGHT COMPLAINTS
A1 Promotions Ltd. respects the intellectual property rights of others. It is our policy to respond promptly to any claim that content uploaded to the site infringes the copyright or other intellectual property rights (“Infringement”) of any person. A1 Promotions Ltd. will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these terms where it believes an Infringement has taken place, including removing or restricting access to the content claimed to be infringing and/or terminating accounts and access to the site.
To notify A1 Promotions Ltd. of a possible Infringement, you must submit your notice in writing to the attention of “Copyright Infringement”, and include in your notice a detailed description of the alleged Infringement sufficient to enable A1 Promotions Ltd. 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 restrict 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 A1 Promotions Ltd. with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at
info@A1promotions.ca. You must include in your counter notice sufficient information to enable A1 Promotions Ltd. to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your content does not infringe the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommend seeking advice from an attorney.
Digital Millennium Copyright Act – Notification of alleged copyright Infringement
A1 Promotions Ltd. reserves the right to remove any visual content or communications that allegedly infringe another person’s copyright. A1 Promotions Ltd. will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to A1 Promotions Ltd. regarding any alleged copyright infringement should be directed to A1 Promotions Ltd. via email at: orders@ A1 Promotions Ltd..com.
If you believe in good faith that your work has been copied 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 been infringed;
- A description of where on the website the material that you claim is infringing may be found, sufficient for A1 Promotions Ltd. 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 A1 Promotions Ltd., 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 websites or resources worldwide. Because A1 Promotions Ltd. has no control over such sites and resources, you acknowledge and agree that A1 Promotions Ltd. 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 A1 Promotions Ltd. 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 the 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 hereby expressly and irrevocably release and forever discharge A1 Promotions Ltd., its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and 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 hereby agree to indemnify and hold harmless A1 Promotions Ltd., 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 (i) a breach of these terms, (ii) Content posted on the site, (iii) the use of the services, by you or any person using your account or A1 Promotions Ltd. Username and password, (iv) the sale or use of your Images, or (v) any violation of any rights of a third party.
10. TRADEMARKS
A1 Promotions Ltd.,
A1Promotions.ca, and other A1 Promotions Ltd. graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of A1 Promotions Ltd.. A1 Promotions Ltd.’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of A1 Promotions Ltd.. The images and icons available in the A1 Promotions Ltd. icon pack may be used by partners and third-party sites in connection with providing appropriate links to the A1 Promotions Ltd. site.
11. TERMINATION
A1 Promotions Ltd. may terminate or suspend any and all Services and/or your A1 Promotions Ltd. 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 A1 Promotions Ltd. 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, A1 Promotions Ltd. will automatically remove all visual content posted to your account.
12. WARRANTY DISCLAIMER
You use the site and the services at your own risk. The site and the services are provided on an “as is, as available” basis. A1 Promotions Ltd. expressly disclaims all warranties, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement. A1 Promotions Ltd. 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 (a) any errors in or omissions from this site and the services, including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party websites or content directly or indirectly accessed through links in the site, including but not limited to any errors or omissions, (d) the unavailability of all or any part of the site or the services, (e) your use of the site or the services, or (f) 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 A1 Promotions Ltd. 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 site, any facts or opinions appearing thereon, or the services. A1 Promotions Ltd. shall not be liable for any special, direct, indirect, incidental, 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 site or services. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, A1 Promotions Ltd.’s sole obligation to you for damages shall be limited to $100.00.
You and A1 Promotions Ltd. agree that any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in 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 A1 Promotions Ltd. and all parties to any such proceeding.
14. QUOTES, ORDERS, PROOFS & CANCELLATIONS
Any quotes not accepted after 30 days are subject to review. A1 Promotions Ltd. has the right to change its prices at any time without notice.
Some users may request proof, and proofs will be provided on an “as decided by employees of A1 Promotions Ltd.” basis. If proofs are not verified in 36 hours, the order will be deemed correct and will be processed as is. This includes online confirmation of the order after it has been placed. 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. If there are other claims regarding an order, they must be made within 5 days of order receipt. No exchanges, refunds, replacements, or other compensation will be offered after 5 days from the date of receipt of the order. Due to variations in laundering conditions and detergents, A1 Promotions Ltd. does not guarantee that any garment or product will not fade, shrink, or warp in any way.
Delays in proofing, courier delivery and other uncontrollable events can occur. No order is considered placed until we have received all related order information, confirmation of payment, and artwork. Once an order is placed, it cannot be modified or changed. All orders are deemed fulfilled within 3% of the order quantity and billed accordingly.
A1 Promotions Ltd. reserves the right to refuse or cancel orders at our sole discretion. If the user decides to cancel an order, A1 Promotions Ltd. is entitled to a full reimbursement for any work already completed, as well as penalties and restocking fees. This will be deducted from any payment made in advance of the order’s completion.
Also, underruns are not to exceed 3% of quantities ordered (or another percentage as agreed upon). Any orders that fall within the agreed-upon underrun margin are considered acceptable and fulfilled.
All orders are considered bulk packaged unless otherwise noted. A1 Promotions Ltd. reserves the right to charge an agreed-upon rate for individual services, such as folding, tagging, bagging, and sorting, if requested by the customer.
15. COLOURS
Because of the nature of the equipment used, garments, inks, and other reasonable conditions defined by A1 Promotions Ltd. as affecting colour variation, a reasonable variation in colour between proofs (& order confirmations) and a completed job is considered acceptable and fulfilled.
16. PRODUCTION
Production times are estimates. A1 Promotions Ltd. 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 and A1 Promotions Ltd., provided that neither shall incur any liability or penalty due to state of war, riot, civil disorder, fire, strikes, accidents, 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 is deemed to begin after an order is paid and when all materials (if supplied by the client/customer) are on the premises, accounted for by A1 Promotions Ltd.
We will do our best to ensure your art is print-ready, which may require us to clean up or adjust the artwork at times. Providing artwork that is not print-ready (e.g., low quality, requiring adjustments) may cause production delays, and the Estimated Delivery date for the order will commence after A1 Promotions Ltd. has corrected the artwork and made it print-ready.
17. DELIVERY
The title to the finished work shall pass to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the 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 A1 Promotions Ltd.
The availability of merchandise is subject to change or discontinuation without notice. All information provided by suppliers to A1 Promotions Ltd. is deemed reliable, but without any guarantee from A1 Promotions Ltd.. A1 Promotions Ltd. has no responsibility for a supplier’s inability to supply merchandise.
While we strive to represent the colours of garments on our website accurately, please note that the actual colour of any merchandise may differ from that shown due to the inherent nature of the garment’s manufacturing process. This may include, but is not limited to: variations in colour (due to dye lots) and sizing.
19. MISCELLANEOUS
The Terms shall be governed and construed in accordance with the laws of the Province of British Columbia, 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 A1 Promotions Ltd.
You agree to defend, indemnify and hold A1 Promotions Ltd. and its affiliates, partners, sponsors, and respective directors, officers and employees of each, harmless from and against any and 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. A1 Promotions Ltd. 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 regarding the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. Suppose one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect. In that case, 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, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
