Terms and Conditions

Thank you for visiting Shadowness. The Shadowness website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Terms of Use"). Please read this document carefully before accessing or using the Shadowness website. By accessing or using this website, you are agreeing to be bound by the Terms of Use. If you do not wish to be bound by the Terms of Use, you may not access or use the website.

Modification of these Terms of Use

Shadowness reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms of Use and additional terms or notices posted on the Shadowness website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Privacy

Please review our Privacy Policy, which also governs your visit to Shadowness, to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications

When you visit Shadowness or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses

Shadowness is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Shadowness are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Shadowness or the appropriate owner of copyright in such works. Shadowness does not claim ownership rights in your works or other materials posted by you to Shadowness (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY SHADOWNESS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHADOWNESS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHADOWNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHADOWNESS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SHADOWNESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHADOWNESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SHADOWNESS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. SHADOWNESS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, SHADOWNESS SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY SHADOWNESS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO SHADOWNESS FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.

CERTAIN STATE 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 HAVE ADDITIONAL RIGHTS.

Third Party Links

Linked websites are not under the control of Shadowness and Shadowness is not responsible for the contents of any linked site or any link contained in a linked site. Shadowness provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Shadowness of the site.

Applicable Law

By visiting the Shadowness website, you agree that the laws of the state of Quebec, without regard to principals of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Shadowness.

Disputes

Any dispute relating in ay way to your visit or access of the Shadowness website or to the products or services you purchase through the Shadowness website shall be submitted to binding arbitration in Orange County, Quebec, except that, to the extent you have in any manner violated or threatened to violate Shadowness' intellectual property rights, Shadowness may seek injunctive or other appropriate relief in any state or federal court in the state of Quebec, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Shadowness, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or your use and access of the Shadowness website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Other Provisions

Shadowness failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Shadowness may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Request and Address

Please send notices by care of e-mail to: terms@Shadowness.com

(or) by our Mailing Address:

Design Shadowness, Inc. - 1980 De Maisonneuve Ouest #2 - MONTREAL, QC H3H 1K5