Terms & Conditions

Please read these terms and conditions carefully before using this website. Your use of this website confirms your unconditional acceptance of the following terms and conditions. You must be 18 years or older. If you do not accept these terms and conditions, do not use this website.

Products & Specifications

Please note that all features, content, specifications, products, and prices of products and services showcased or described on this website may be subject to change without prior notice. Some descriptions, such as weights and measures, are approximate and provided for convenience only. While we strive to accurately display the attributes of our products, including colors, please be aware that the actual color you see may vary depending on your computer system, and we cannot guarantee precise color representation. The presence of any products or services on this website at a given time does not imply their availability at all times. It is your responsibility to ensure compliance with all relevant local, state, federal, and international laws, including minimum age requirements, regarding the possession, use, and sale of any item purchased from this website. By placing an order, you confirm that the products ordered will be used in accordance with the law.

Limitations on Shipping

Upon placing an order, it will be shipped to an address specified by the purchaser, provided that the shipping address complies with the shipping restrictions outlined on this website. All purchases made on this website are subject to a shipment contract. Consequently, the risk of loss and ownership of items purchased from this website transfer to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for shipments that are damaged or lost.

The use of any personal information you submit to us through this Website is regulated by the canaryculture.com Privacy Policy.

GDPR Compliance

Data Collection and Processing: We collect and process personal data in accordance with the General Data Protection Regulation (GDPR). By using this website, you consent to the collection and processing of your personal data as outlined in our Privacy Policy.

Data Security: We implement appropriate technical and organizational measures to ensure the security of your personal data, including encryption, access controls, and regular security audits. Your data is stored securely and accessed only by authorized personnel.

Data Retention: We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including legal, accounting, or reporting requirements. After the retention period expires, we securely delete or anonymize the data.

User Rights: You have certain rights under GDPR regarding your personal data, including the right to access, rectify, or delete your data, as well as the right to restrict or object to its processing. You can exercise these rights by contacting us using the information provided in our Privacy Policy.

Information Accuracy

We strive to ensure that the information provided on this website is complete, accurate, and up-to-date. However, despite our best efforts, there may be instances where the information on this website is inaccurate, incomplete, or outdated. We do not guarantee the completeness or accuracy of any information on this website. For instance, products listed on the website may be unavailable, may differ from the attributes described, or may have a different price than what is stated. Additionally, we reserve the right to make changes to pricing and availability information without prior notice. Any pricing errors discovered on the website will be promptly corrected.

Website Usage

The design of the website and all its contents, including text, graphics, information, and other materials that can be accessed or downloaded from it, are either owned by Canary Culture or used with permission. These materials are protected by copyright, trademark, and other laws, and may only be used as permitted in the Terms and Conditions or with the prior written consent of the owner. You are not allowed to modify, reproduce, publicly display, perform, distribute, or otherwise use any of these materials for any public or commercial purpose without authorization. Unauthorized use of such materials may infringe copyright, trademark, privacy, publicity, and other laws. It's your responsibility to keep your account information and password confidential and to control access to them and your computer. You agree to be liable for all activities that occur under your account or password.

Trademarks & Copyrights

Certain trademarks, trade names, service marks, and logos appearing on this Website are either registered or unregistered trademarks, trade names, or service marks of us and our affiliates. Other trademarks, trade names, and service marks displayed on this Website are the property of their respective owners, whether registered or unregistered. Nothing on this Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos shown here without our written consent or the written consent of the respective third-party owner.

The Website contains copyrighted material, including but not limited to text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. This Website is protected by copyright as a collective work under U.S. copyright laws, international conventions, and other applicable copyright laws. Both Canary Culture and third-party content providers own or have the right to use copyrights in their original content.

Linking To This Website

Creating or maintaining any link from another website to any page on this website without our prior written permission is strictly prohibited. Running or displaying this website or any material presented on it in frames or through similar means on another website without our prior written permission is also prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations.

Third Party Links

Occasionally, this website may include links to other websites not owned, operated, or controlled by us or our affiliates. These links are provided solely for your convenience. By using these links, you will exit this website. We and our affiliates assume no responsibility for any content, materials, or other information found on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials, or other information found or accessible on such websites, or the outcomes that may arise from using such websites. If you choose to visit any other website linked to or from this website, you do so entirely at your own risk.

Site Conducts

At times, you may have the chance to share information, opinions, ideas, images, or other content on the Website. By sharing such material or content, you agree to grant us an irrevocable, royalty-free, perpetual, sublicensable, assignable, non-exclusive right and license worldwide. This allows us to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform, and display the material or content. We may also incorporate it into other works in any form, media, or technology now known or later developed, for any purpose, whether commercial or otherwise, without requiring compensation or prior approval from you.

When you submit or send content or material to the Website, you also affirm and guarantee that:

the content and material is your original creation;
No other party holds any rights to the content or material;
The content and material is not bound by any confidentiality or attribution obligations, and we bear no liability for its use or disclosure, and (iv) any moral rights linked to the content or material have been waived.

You are prohibited from posting, transmitting, or sending to us any material or content that:

Violates or infringes upon the rights of others, or is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted, or hateful;
Contains viruses, worms, Trojan horses, or other harmful or disruptive components;
Constitutes or could be interpreted as spam mail, or any robot, spider, site search/retrieval application, or other manual or automatic device or process intended to retrieve, index, "data mine," or otherwise reproduce or circumvent the navigational structure or presentation of the website or its contents.

Furthermore, you may not engage in any activity on the website that restricts or inhibits any other user from using or enjoying the Website, including but not limited to "hacking this website," "cracking this website," "spoofing this website," or defacing any portion of the website.

We retain the authority, at our sole discretion, to edit, decline to publish, or delete any material submitted to or posted on the Website that we ascertain to be in breach of these terms and conditions or that we consider objectionable or inappropriate for any reason at our sole discretion.

You are solely responsible and accountable for any and all damages arising from any violation of copyrights, proprietary rights, or any other harm resulting from the uploading, posting, or submission of your content on the Website.

Policy Notice: If you suspect that your intellectual property rights are being infringed upon by any content or materials posted on or transmitted through the Website, or any products advertised on the Website ("Website Content"), please reach out to us promptly so we can investigate the matter and, if necessary, block or remove the offending content and/or advertisements. Our policy aligns with the Digital Millennium Copyright Act ("DMCA") by disabling access to infringing materials and terminating access of repeat infringers to the Website.

Copyright Notice: Copyright owners or their agents who believe that any Website Content infringes upon their copyrights may submit a notification in accordance with the DMCA by providing our Copyright Agent with the following information in writing (refer to 17 U.S.C 512(c)(3) for further details):

Proof of your authorization to represent the owner of the copyrighted work.
A description of the copyrighted work you believe has been infringed.
Details of where the alleged infringing material is located on the Website.
Your contact information: address, phone number, and email address.
A statement asserting that you have a genuine belief that the disputed use is unauthorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, confirming the accuracy of the information provided and affirming that you are the copyright owner or authorized to act on behalf of the copyright owner.
Your physical or electronic signature.

Any notice should be sent to the following address:

E-mail: CanaryCultureLLC@gmail.com

175 Eastern Parkway

Brooklyn, NY, 11238

Also, please be aware that under Section 512(f), individuals who knowingly materially misrepresent that material or activity is infringing may be held liable.

Counter-Notification: If you choose to send us a counter notice, it must be a written communication provided to our designated agent and should include substantially the following information (please consult your legal counsel or refer to 17 U.S.C. Section 512(g)(3) to verify these requirements):

A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled, along with the location where the material appeared before it was removed or access was disabled.
A statement, made under penalty of perjury, that the subscriber believes in good faith that the material was removed or disabled due to a mistake or misidentification.
The subscriber's name, address, and telephone number, along with a statement consenting to the jurisdiction of the Federal District Court for the judicial district where the subscriber's address is located. If the subscriber's address is outside the United States, they consent to the jurisdiction of any judicial district where the service provider may be found, and agree to accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Disclaimers

Your use of this website is at your own risk. The materials and services provided on this website are offered "as is" without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither we nor any of our affiliates guarantee the accuracy or completeness of the materials or services available on or through this website. The materials and services on this website may become outdated, and neither we nor any of our affiliates are obligated to update such materials or services. These exclusions of implied warranties may not apply to the extent prohibited by law. Please consult your local laws for any applicable prohibitions.

All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, we expressly disclaim all liability for product defects or failures, claims that arise from normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "consumers" in the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act. These exclusions of implied warranties may not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

Limitations of Liability

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials from this Website. In no event will we, our respective officers, directors, employees, affiliates, parent corporations, agents, successors, assigns, retail partners, nor any party involved in the creation, production, or transmission of this Website be liable to any party for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information, or services contained at any or all such websites, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. These limitations of liability may not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

If you encounter any issues with this website or its content, you agree that your only recourse is to discontinue using the website. If you encounter any problems with products or services purchased through this website, you agree that your sole remedy, if available, is to contact the manufacturer or supplier for warranty assistance or to request a return and refund following the procedures outlined in the website's returns and refunds policies.

Revision On These Terms & Conditions

These Terms and Conditions are subject to revision at any time and periodically through updates to this post. It is advised to check this page regularly to stay informed of the current Terms and Conditions as they apply to you. Specific terms on particular pages of this website may override certain provisions outlined in these Terms and Conditions.

Miscellaneous

To the maximum extent permitted by law, these Terms and Conditions, and any dispute arising from or related to them, including those regarding the Website, shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict of law principles. Unless prohibited by law, any dispute or claim must be filed within one (1) year from when the cause of action arises. Disputes or claims arising from or relating to these Terms and Conditions, including those regarding the Website, shall be exclusively subject to the jurisdiction of the state and/or federal courts located in New York County, New York, and by using this site, you consent to the personal jurisdiction of such courts. You agree not to use or export the materials from the Website or any copies or adaptations thereof in violation of any applicable laws or regulations, including but not limited to United States export laws and regulations. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions, along with the Privacy Policy, constitute the entire agreement between you and Canary Culture regarding your use of the Website, superseding any prior agreements. Section headings in these Terms and Conditions are for convenience only and do not have any legal or contractual significance. If any provision of these Terms and Conditions is found to be unenforceable, the other provisions shall remain in full force and effect. Printed copies of these Terms and Conditions shall be admissible in judicial and administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally produced and maintained in printed form.

Termination

Either you or we have the authority to suspend or terminate your account or your access to this Website at any given time, with or without cause. Prior to termination, you remain responsible for any orders placed or charges incurred. We retain the right to modify, suspend, or terminate any part or feature of this Website at our discretion and without prior notice. For further assistance, should you have any inquiries or require clarification on the Terms and Conditions outlined above, feel free to reach out to us via email at CanaryCultureLLC@gmail.com.