Terms and Conditions of Use
Ownership
YM hereby grants you permission to copy, electronically or otherwise, portions of this Web Site for your own personal, non-commercial use. You may not modify, distribute, or in any other way republish any material on this Web Site, including without limitation text images, audio and video clips and software (collectively referred to as “Content”), without first obtaining the express written consent of YM. Content on this Web Site is provided for lawful purpose only. YM reserves complete title and retains full and complete intellectual property rights (including but not limited to copyright) to all Content on or downloaded from this Web Site.
YM provides the Content on this Web Site "as is" and without warranties of any kind, either express or implied. YM specifically disclaims all representations, warranties and conditions of any kind, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. YM does not warrant that the Content on this Web Site will be accurate, uninterrupted, or otherwise error-free, that defects will be corrected, or that this Web Site or server upon which it resides, are free from viruses or any other harmful components. You acknowledge that any reliance upon the Content of this website and your use of this Web Site is completely at your own risk. Under no circumstances shall YM, its affiliates or its agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages arising out of or in any way connected with the use of this Web Site, the Content on this Web Site, the delay or inability to use this Web Site or otherwise arising in connection with this Web Site, whether based on contract, tort, strict liability or otherwise, even if YM has been advised of the possibility of any such damages.
Indemnification
You agree to indemnify, defend and hold YM, its officers, directors, owners, agents, employees and affiliates (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of this Web Site, or any breach by you of these terms and conditions of use, including without limitation, legal fees and costs.
Purely as a convenience to our customers, YM may include links from this Web Site to other sites that are not owned or affiliated in any way with YM. YM does not in any way control the content on these sites, the goods and services offered on them, or the use by them of any trademark or other intellectual property. Inclusion of these links does not imply any endorsement or recommendation of the material on such other sites whatsoever. By following a link, you will leave this Web Site, and therefore YM expressly disclaims any liability for any damages of any kind that you may incur in connection with your use of any third party site. You should direct any concerns regarding any third party site to its administrator or webmaster and any concerns relating to or arising out of goods or services requested or purchased from a third party site to the third party vendor. The terms of any such transaction are solely between you and the third party vendor and you will not consider YM, nor will YM be deemed to be, a party to such transactions, regardless of whether YM received compensation in connection with such a transaction. YM will not be liable for any costs or damages you incur that are related to or arise out of transactions between you and third party vendors.
Any information, including but limited to messages, suggestions, ideas, graphics, or other submissions, communicated to YM through this Web Site become the exclusive property of YM. YM is entitled to use, including without limitation to copy, distribute, display, reproduce, transmit and modify, any and all information submitted for any purpose whatsoever without restriction or compensation to the person submitting the information. Because YM has an absolute right to use any information you send YM without compensation due, YM hereby requests that you do not send us any original creative materials including but not limited to artwork, product designs, stories, or slogans. If you submit any information to YM through the use of this Web Site, you guarantee the originality of any such submission and accept complete responsibility for its accuracy, appropriateness and legality. YM will not be responsible in any way for content on its server that was not intentionally put there by an authorized representative of YM. You are strictly prohibited from transmitting any information that may give rise to any civil or criminal liability under the law. The use and disclosure of any personal information transmitted by you through this Web Site is subject to the YM Privacy Policy, a copy of which is appended to these terms and conditions, and remains YM's property.
Security
While YM values the customers who use this Web Site and strives to take all reasonable efforts to protect their information, YM cannot ensure or warrant the security of any information transmitted using this Web Site. You acknowledge and agree that information transmitted electronically to this Web Site is not confidential and may be intercepted and accessed by others. YM does not in any way guarantee any communication sent via e-mail or otherwise will be received in a timely and accurate manner and is not obligated to read, respond to or act upon such information. Any electronic communication between you and YM is completely at your own risk.
Please refer to the YM Privacy Policy for more information regarding security issues.
You agree that your use of this Web Site is governed by the laws of the Province of Ontario, Canada without giving effect to any principles of conflicts of law. You agree that any claim brought against YM will be brought exclusively in a court of competent jurisdiction in Ontario. YM has made all reasonable attempts to comply with all legal requirements known to it in creating and maintaining this Web Site, but makes no representation that any materials on this Web Site are necessarily acceptable or available for any particular jurisdiction. If you choose to access this Web Site from any location other than Ontario, Canada, then you do so on your own initiative and you are solely responsible for complying with any applicable local laws. If you submit information through this Web Site, you are deemed to have consented to the transfer of such information to and its storage in Canada. If any part of this agreement is invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from this agreement and shall not affect the validity or enforceability of any remaining provisions.
E-COMMERCE
YM makes every attempt to ensure that details of your transaction will be protected. YM uses SSL technology which encrypts all of the Personal Information you submit for the purpose of purchasing products through this Web Site, including your credit card number, name, and address.
You warrant and condition that you have the legal right and authorization to utilize the credit card used to place your order for the purpose of purchasing goods from YM. YM reserves the right to refuse any sale at any time for any reason at our discretion. YM does not guarantee availability of any product at any or all stores. YM makes every effort to display the colors of our products included on this site as accurately as possible. Because the colors that you see depend on your monitor, YM does not guarantee that your monitor's display of any color is accurate.
The prices displayed on this Web Site are quoted in Canadian dollars. Residents of Ontario are responsible for any Provincial Sales Tax payable, and all Canadian residents are responsible for any Goods & Services Tax payable.
YM INC. ON-LINE PRIVACY POLICY
Personal Information and Protection of Privacy
Personal information is information about an identifiable individual, such as an individual’s name, home address, home telephone number, or e-mail address (“Personal Information”). Your privacy is a serious matter to YM and we maintain physical, electronic and procedural safeguards to protect Personal Information about you that you provide to YM. The following outlines our policies and practices concerning the Personal Information collected or submitted through this Web Site.
Collection, Use and Disclosure of Information
YM uses the Personal Information that you submit or authorize it to collect through this Web Site to gauge your preferences and improve the quality of its services to you and its other customers, including tailoring this Web Site to better meet customer interests and preferences. YM also uses the Personal Information that customers submit or authorize YM to collect through this Web Site for marketing and promotional purposes including sending them updates on special events such as exclusive contests and added-value sampling events, advance notice of new arrivals, promotions and store openings.
Subject to the collection of information electronically described below, Personal Information will only be collected when users of this Web Site voluntarily supply it. You will be informed when this information is being requested, and YM will attempt to clearly describe the purpose for which it is intended. Users who do not want their Personal Information collected by YM through this Web Site or for the purposes described, should not submit such information on this Web Site.
YM may share information about customer preferences, experiences and transactions among Urban Planet stores for the purpose of improving their products and services. If you prefer that YM does not share your information among Urban Planet stores, please e-mail us at customerservice@urban-planet.com, indicating that you do not consent to the sharing of your Personal Information among stores.
YM will not provide, sell or rent your Personal Information to any party unrelated to YM without providing you with an opportunity to tell us not to do so. With your consent however, we may share information about your shopping preferences and contact information, such as your name and e-mail address, to carefully screened non-affiliated third parties, such as other retailers or direct marketers, that offer quality products that YM believes will be of interest to you. If you prefer that we do not share your Personal Information with non-affiliated third parties, please e-mail us at customerservice@urban-planet.com, specifying that you do not consent to our sharing Personal Information about you with non-affiliated third parties.
Withdrawal of Consent
If you give us permission to share your Personal Information for a purpose, but change your mind, send us an e-mail setting out the purposes for which you no longer want your Personal Information used to customerservice@urban-planet.com.
Children
YM does not knowingly collect or use any Personal Information received from children (minors younger than 16). If you are under 16 years of age, please have your parent's permission before submitting Personal Information online. If you are a parent and believe we may have inadvertently collected information from your child, please notify us immediately by sending us an e-mail to customerservice@urban-planet.com.
This web site uses cookie technology, in which small data packets may be stored on your computer to allow this Web Site to be tailored to your historical preferences upon subsequent visits, and allows YM to recognize you when you return to this Web Site. Any pages in this Web Site that require you to login or to personalize the page may contain cookies. Cookies cannot be used to obtain from or view data on your hard drive, and cannot be dangerous to your computer. If you have concerns about cookies, your browser can be set to alert you when you receive a cookie or it can be set to refuse cookies altogether. You should refer to the instructions of your particular browser to learn about these functions. Please note that refusal to accept cookies may limit the functionality that this Web Site can provide to you and preclude you from receiving certain services.
YM makes every reasonable effort to protect your online orders and information by using SECURE SOCKET LAYER technology (“SSL”). Any information sent to place an order with YM is protected using SSL. SSL technology encrypts your order information to prevent the decoding of that information by unauthorized individuals. During the time you are accessing the secure portion of our site, you can ensure that you are in secure mode by looking for either the unbroken key symbol if using Netscape Navigator or the closed-lock symbol if using Microsoft Internet Explorer, located in the lower left-hand corner of your browser window. You can also check the URL, which should read "https" instead of "http" when in secure mode.
Contact YM
If you need additional information about the YM privacy policy or YM’s Personal Information management practices, or if you want to access the Personal Information that YM has collected about you, inform YM of any of your information in its records that you believe to be incorrect or incomplete, or have YM investigate concerns about our Personal Information practices, please contact customerservice@urban-planet.com.
