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TERMS AND CONDITIONS

  1. You Agree to These Terms by Using this Site

Your access to, and use of, the thepattyshoppe.com Web site (“Site”) is subject to the following Terms of Use and all applicable laws and regulations. The Site is operated by THE PATTY SHOPPE LIMITED (the Company).  By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements whether existing now or in the future between you and the Company are superseded with respect to the subject matter of these Terms of Use.

  1. Rights to Content and Intellectual Property

The Intellectual Property Rights to all materials, content, and layout of this Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to the Company, its parents, affiliates, subsidiaries, or third-party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without the Company’s  express prior written consent.

Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on this Site is owned or licensed by the Company or its parents, affiliates, or subsidiaries and may not be used by you without the prior written consent of the Company or the appropriate owner. Your use of this Site does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site.

Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

  1. Your Use of the Site

The Company grants you a limited, personal, nontransferable, non-sublicensable, revocable right to use the Site as follows:

  • you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content; you may not use images of people or places that are located on the Site without the Company’s written permission;
  • you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the Company’s written permission;
  • you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law – the Company will fully cooperate with any law enforcement authorities or any court order requesting or directing the Company to disclose the identity of anyone posting or transmitting any such information or materials;
  • you are prohibited from using the Site to advertise or perform any commercial solicitation.

All other rights are expressly reserved to the Company.

If you wish to include in your own “homepage” a link to the Site, kindly seek formal authorization from the Company at the following e-mail address:

The Company may, in its sole discretion, immediately terminate or suspend your use of the Site upon any breach of the Terms of Use. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Content. You shall defend, indemnify and hold the Company harmless against any and all damages, costs, liabilities, expenses (including reasonable attorneys’ fees) and settlement amounts incurred in connection with any suit, claim or action by any third party against the Company as a result of (a) negligence, misrepresentation, error or omission on your part, or (b) your breach of the Terms of Use and any applicable laws and regulations.

  1. Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by the Company in accordance with the Site’s Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

  1. Disclaimer of Warranties

THE COMPANY DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, OR ACCURACY.   Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, the Company neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.   The Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site.  However, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. The Company assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

  1. Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE COMPANY, NOR ANY OF ITS, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF THEIR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

  1. Links to Third Party Sites

The Site may contain links to sites owned or operated by parties other than the Company. Such links are provided for your convenience only. The Company does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, the Company specifically disclaims any responsibility if such sites:

  • infringe any third party’s intellectual property rights;
  • are inaccurate, incomplete or misleading;
  • are not merchantable or fit for a particular purpose;
  • do not provide adequate security;
  • contain viruses or other items of a destructive nature; or
  • are libellous or defamatory.

The Company does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and of your own volition.

  1. Revisions to the Terms; Termination or Discontinuance

The Company may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. A notice will be posted on the Site whenever the Terms of Use are changed in a material way.  At any time, the Company may discontinue this Site, or terminate or modify your access to it, without notice and without any liability to you or any third party.

  1. Law and Jurisdiction

These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable thereto. Any and all disputes arising under this Terms of Use, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. The parties have agreed that these Terms of Use have been drawn in the English language. Any translation has been provided for your convenience. You may preserve the Terms of Use by printing them for your records.