THIS LEGAL AGREEMENT BETWEEN YOU AND SANPAREIL INTERNATIONAL INC. (« SANPAREIL INTERNATIONAL ») GOVERNS YOUR USE OF THE VARINATIONS WEBSITE (THE « VARINATIONS WEBSITE ») AND ANY FEATURES, PRODUCTS, OR SERVICES, ACCESSIBLE THEREFROM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE VARINATIONS WEBSITE.
THE VARINATIONS WEBSITE
SanPareil International is the provider of the Varinations Website located at www.varinations.com, which permits you to purchase digital content (« Varinations Products ») for end user use only under the terms and conditions set forth in this Agreement. For Varinations Products, end users may be individuals acting in their own capacities, commercial enterprises, or educational institutions.
REQUIREMENTS FOR USE OF THE VARINATIONS WEBSITE
In order to use Varinations Products or services offered on the Varinations Website, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If parts of the Varinations Website require you to register and provide certain information to the Varinations Website: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click « AGREE » or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Varinations Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Varinations Website and Varinations Products, including all financial charges and legal liability that he or she may incur. SanPareil International does not knowingly collect, use or disclose personal information from children under 13.
Use of the Varinations Website and Varinations Products requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that meeting these requirements, which may change from time to time, is your responsibility.
YOUR ACCOUNT
As a user of the Varinations Website, you may establish an account (« Account »). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify SanPareil International of any security breach of your Account. SanPareil International shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download Varinations Products from the Varinations Website, you must enter your Varinations ID and password to authenticate your Account. Once you have authenticated your Account using your Varinations ID and password, you can choose to allow your computer to remember your password to remain authenticated. During this time, you will be able to purchase and download Varinations Products without re-entering your password. You can change settings to require a password for every transaction by adjusting the settings on your computer.
You agree to provide accurate and complete registration data when you register with, and as you use, the Varinations Website (« Varinations Registration Data »), and you agree to update your Varinations Registration Data to keep it accurate and complete. You agree that SanPareil International may store and use the Varinations Registration Data you provide for use in maintaining and billing fees to your Account.
PRIVACY
By using the Varinations Website, you agree and consent to SanPareil International’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of your Account information as permitted in accordance with SanPareil International’s Privacy Policy, available at www.varinations.com/privacy-policy/.
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all products you purchase through the Varinations Website, and that SanPareil International may charge your PayPal account for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SANPAREIL INTERNATIONAL WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in jurisdictions where digital goods are taxable. No customers are eligible for tax exemptions.
Prices for Varinations Products offered via the Varinations Website may change at any time. SanPareil International does not provide price protection or refunds in the event of a price reduction or promotional offering.
Each purchase of a Varinations Product by you will be regarded as a separate transaction and each delivery of a Varinations Product will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by SanPareil International.
ALL SALES OF VARINATIONS PRODUCTS ARE FINAL AND ALL CHARGES FROM THOSE SALES ARE NONREFUNDABLE. SanPareil International will not refund any fees for Varinations Products that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of SanPareil International.
Due to the rapidly expanding, broad selection of Varinations Products on the Varinations Website, it is possible that Varinations Products may be accidentally mispriced. In such an event, SanPareil International reserves the right not to accept end user orders with prices based upon typographical errors.
Your receipt of an electronic or other form of confirmation does not (1) constitute SanPareil International’s offer to sell or (2) convey SanPareil International’s acceptance of your order. SanPareil International reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Varinations Product(s), or supply less than the quantity you ordered following receipt of your order.
The Varinations Website displays all prices in US Dollars.
COUPON CODES
Coupon Codes are issued and managed by SanPareil International (« Issuer »).
Coupon Codes are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; or used to purchase Coupon Codes.
The Coupon Code cash value is 1/10 of one cent.
When you make a purchase and if you use a Coupon Code, the Coupon Code amount is deducted at the time of your transaction. Coupon Codes are used first. Your PayPal account is then charged for any remaining balance.
Neither Issuer nor SanPareil International is responsible for lost or stolen Coupon Codes. Risk of loss and title for Coupon Codes transmitted electronically pass to the purchaser upon electronic transmission to the recipient.
SanPareil International reserves the right to close accounts and request alternative forms of payment if a Coupon Code is fraudulently obtained or used on the Varinations Website.
SANPAREIL INTERNATIONAL, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO COUPON CODES, OR THE VARINATIONS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A COUPON CODE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE, THE REPLACEMENT OF SUCH COUPON CODE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN PROVINCIAL AND TERRITORIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
ELECTRONIC CONTRACTING
Your use of the Varinations Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
SanPareil International is not responsible for typographic errors.
CONTENT AVAILABILITY
Notwithstanding any other provision of this Agreement, SanPareil International and its licensors reserve the right to change, suspend, remove, discontinue, or disable access to the Varinations Website or any Varinations Products, content (including eligibility for particular features), or other materials comprising a part of the Varinations Website or Varinations Products at any time without notice. In no event will SanPareil International be liable for making these changes. SanPareil International may also impose limits on the use of or access to certain features or portions of the Varinations Website or Varinations Products, in any case and without notice or liability.
USE OF PURCHASED CONTENT
You agree that certain Varinations Products may include security technology that limits your use of Varinations Products and that, whether or not Varinations Products are limited by security technology, you shall use Varinations Products in compliance with the applicable usage rules established by SanPareil International (« Usage Rules »), and that any other use of the Varinations Products may constitute a copyright infringement. Any security technology is an inseparable part of the Varinations Products. SanPareil International reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason-or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Varinations for compliance purposes, and SanPareil International reserves the right to enforce the Usage Rules without notice to you. You agree not to modify Varinations Products in any manner or form, or to use modified versions of Varinations Products, for any purposes. You shall not access or attempt to access an Account that you are not authorized to access. Violations of website security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use Varinations Products only for personal, noncommercial use, except as otherwise authorized by SanPareil International.
(ii) You shall be authorized to use Varinations Products on five devices at any one time, only two of which can be computers.
(iii) You shall be authorized to burn to a CD/DVD an audio playlist up to five times.
(iv) You must fully download purchased Varinations Products within thirty (30) days from the date of purchase.
(v) Varinations Products may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Varinations Products once downloaded, and you may wish to back it up.
(vi) The delivery of Varinations Products does not transfer to you any commercial or promotional use rights in the Varinations Website or Varinations Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in in the Varinations Website, or any Varinations Product.
You acknowledge that, because some aspects of, Varinations Products, and administration of the Usage Rules may entail the ongoing involvement of SanPareil International, if SanPareil International changes any part of or discontinues the Varinations Product, which SanPareil International may do at its election, you may not be able to use Varinations Products to the same extent as prior to such change or discontinuation, and that SanPareil International shall have no liability to you in such case.
You acknowledge that some Varinations Products may be large, and significant data charges may result from delivery of such products over a data connection.
SUBMISSIONS TO THE VARINATIONS WEBSITE
The Varinations Website may offer interactive features that allow you to submit materials (including but not limited to your name, picture, content, information and third-party content) on areas of the Varinations Website accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Varinations Website. You hereby grant SanPareil International a worldwide, royalty-free, nonexclusive license to use such materials as part of the Varinations Website, or in relation to Varinations Products, and the marketing of the Varinations Website, or in relation to the marketing of Varinations Products, without any compensation or obligation to you. SanPareil International reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. SanPareil International has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Varinations Website, to investigate any reported or apparent violation of this Agreement, and to take any action that SanPareil International in its sole discretion deems appropriate.
VARINATIONS WEBSITE SUBMISSIONS GUIDELINES
Content submitted to the Varinations Website is subject to the following guidelines (the “Guidelines”), which may be updated from time to time. If you see content submitted to the Varinations Website that does not comply with these Guidelines, please contact us at contact@varinations.com.
You may not use the Varinations Website to:
(i) post objectionable, offensive or harmful content, including but not limited to content that is unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
(ii) post personal, private or confidential information belonging to others, including but not limited to phone numbers, addresses, billing information or photos or videos taken or distributed without the subject’s permission;
(iii) request personal information from a minor;
(iv) impersonate or misrepresent yourself as another person, entity, another Varinations Website user, a SanPareil International employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (SanPareil International reserves the right at any time to reject, reclaim, modify or block any Varinations Website Account ID, user name, user handle or other identifier which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or for any other reason at SanPareil International‘s sole discretion);
(vi) engage in copyright or other intellectual property infringement (including posting content that you do not own or have permission to post), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
(vii) post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
(viii) plan or engage in any illegal activity.
THIRD-PARTY MATERIALS
Certain content, Varinations Products, and services available via the Varinations Website may include materials from third parties. SanPareil International may provide links to third-party websites as a convenience to you. You agree that SanPareil International is not responsible for examining or evaluating the content or accuracy and SanPareil International does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that SanPareil International is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the Varinations Website, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Varinations Website at your sole risk and SanPareil International shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Varinations Product types and descriptions are provided for convenience, and you agree that SanPareil International does not guarantee their accuracy.
INTELLECTUAL PROPERTY
You agree that the Varinations Website, including but not limited to Varinations Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Varinations Website, contains proprietary information and material that is owned by SanPareil International and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Varinations Website in compliance with this Agreement. No portion of the Varinations Website or Varinations Products may be reproduced in any form or by any means, except as expressly permitted in these terms. Without the prior written consent of SanPareil International, and except as provided in this Agreement, you agree not to modify, rent, lease, loan, sell, distribute, translate, publicly display, upload, publish, record, transmit, retransmit, digitize, endorse, perform, or create derivative works based on the Varinations Website or Varinations Products in any manner, and you shall not exploit the Varinations Website or Varinations Products in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the Varinations Website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related scripts and software, are owned by SanPareil International and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF THE VARINATIONS WEBSITE, EXCEPT FOR USE OF THE VARINATIONS WEBSITE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Varinations, the Varinations logo, and other Varinations trademarks, service marks, graphics, and logos used in connection with the Varinations Website and Varinations Products are trademarks or registered trademarks of SanPareil International in Canada and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Varinations Website and Varinations Products may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or SanPareil International suspects that you have failed, to comply with any of the provisions of this Agreement, SanPareil International, at its sole discretion, without notice to you, may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Varinations Website (or any part thereof); and/or (iii) pursue all available remedies at law.
SanPareil International reserves the right to modify, suspend, or discontinue the Varinations Website (or any part or content thereof) at any time with or without notice to you, and SanPareil International will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
a. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE VARINATIONS WEBSITE AND/OR VARINATIONS PRODUCTS IS AT YOUR SOLE RISK. SANPAREIL INTERNATIONAL WARRANTS THAT IT WILL PROVIDE THE VARINATIONS WEBSITE AND VARINATIONS PRODUCTS WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS AGREEMENT. THE VARINATIONS WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE VARINATIONS WEBSITE ARE PROVIDED « AS IS » AND « AS AVAILABLE » FOR YOUR USE AND (EXCEPT AS EXPRESSLY STATED HEREIN), THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITATION TO THE FOREGOING:
(i) SANPAREIL INTERNATIONAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE VARINATIONS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SANPAREIL INTERNATIONAL MAY REMOVE THE VARINATIONS WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE VARINATIONS WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU;
(ii) SANPAREIL INTERNATIONAL DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE VARINATIONS WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SANPAREIL INTERNATIONAL DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT, DATA, OR VARINATIONS PRODUCTS PURCHASED FROM THE VARINATIONS WEBSITE.
b. IN NO CASE SHALL SANPAREIL INTERNATIONAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED BY SANPAREIL INTERNATIONAL, ITS EMPLOYEES OR AGENTS WHERE:
(i) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY SANPAREIL INTERNATIONAL OR BY ANY OF OUR EMPLOYEES OR AGENTS;
(ii) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH;
(iii) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS AGREEMENT.
SANPAREIL INTERNATIONAL WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE VARINATIONS WEBSITE OR VARINATIONS PRODUCTS.
c. IN NO CASE SHALL SANPAREIL INTERNATIONAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE VARINATIONS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE VARINATIONS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR VARINATIONS PRODUCTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR VARINATIONS PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VARINATIONS WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS, SANPAREIL INTERNATIONAL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. SANPAREIL INTERNATIONAL SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE VARINATIONS WEBSITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SANPAREIL INTERNATIONAL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WAIVER AND INDEMNITY
BY USING THE VARINATIONS WEBSITE AND/OR VARINATIONS PRODUCTS, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SANPAREIL INTERNATIONAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE VARINATIONS WEBSITE AND/OR VARINATIONS PRODUCTS, OR ANY ACTION TAKEN BY SANPAREIL INTERNATIONAL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SANPAREIL INTERNATIONAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE VARINATIONS WEBSITE AND/OR VARINATIONS PRODUCTS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SANPAREIL INTERNATIONAL’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
SanPareil International reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Varinations Website or Varinations Products. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. It is your responsibility to check this Agreement each time before using the Varinations Website, and your continued use of the Varinations Website or Varinations Products will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and SanPareil International and governs your use of the Varinations Website and Varinations Products, superseding any prior agreements between you and SanPareil International. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SanPareil International’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. SanPareil International will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Varinations Website is operated by SanPareil International from its offices in Canada. You agree to comply with all local, provincial, territorial and federal laws, statutes, ordinances, and regulations that apply to your use of the Varinations Website. All transactions on the Varinations Website are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to its conflict of law provisions. Your use of the Varinations Website may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SanPareil International or relating in any way to your use of the Varinations Website resides in the courts of British Columbia. Risk of loss and title for all electronically delivered transactions pass to the purchaser in British Columbia upon electronic transmission to the recipient. No SanPareil International employee or agent has the authority to vary this Agreement.
SanPareil International may notify you with respect to the Varinations Website by sending an email message to your Account email address, or a letter via postal mail to your Account mailing address, or by a posting on the Varinations Website. Notices shall become effective immediately.
SanPareil International reserves the right to take steps SanPareil International believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that SanPareil International has the right, without liability to you, to disclose any Account Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as SanPareil International believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SanPareil International’s right to cooperate with any legal process relating to your use of the Varinations Website and/or Varinations Products, and/or a third-party claim that your use of the Varinations Website and/or Varinations Products is unlawful and/or infringes such third party’s rights).
Last Updated: September 30, 2015
