1. Introduction, Acceptance, Definitions, and Modifications
Welcome to vveave! We hope you will enjoy and appreciate using our “Services”, which includes (i) visiting our website at https://vveave.com/, including all subdomains, present and future (the “Website”); and (ii) using the “Platform” available on the Website as either a “Designer” or a “Consumer” to collaborate on “Projects” reinventing items of clothing or accessories (“Items”) to create one-of-a-kind, unique pieces. Using the Platform, a Consumer can seek out a Designer on the Platform to work together on a Project and to upcycle Items from his/her/their wardrobe to create entirely new, custom pieces.
The Services are owned and operated by vveave Inc., a Canadian corporation with a mailing address listed below. Where the present TOU refer to “vveave” they may refer to vveave Inc., its subsidiary vveave USA Inc. and / or their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to vveave and / or its Representatives.
vveave reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with vveave, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Platform, and, if you are a Designer or a Consumer, by emailing you.
2. Contacting Us
If you have any questions about the TOU, please contact:
vveave Legal Serviceslegal@vveave.com
or:vveave Privacy Officer
1454 Crescent Street
If you have any questions regarding the Services, please contact firstname.lastname@example.org or use the Platform’s chat function to contact us (username: @vveave_support).
3. General Code of Conduct for Use of the Services
In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you agree to:
Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted on or in the Services by vveave;
Not use the Services in any manner that violates any intellectual property rights of vveave or any third party;
Not use the Services in any manner to propagate spam, including, but not limited to, unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to vveave or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of vveave, other Services users or any other third party;
Not: (1) take any action that imposes or may impose (as determined by vveave in its sole discretion) an unreasonable or disproportionately large load on vveave’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures vveave may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner;
Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services;
Not use the Services to advertise or promote products or services that are not expressly approved in advance in writing by vveave, or as permitted by these TOU;
Not interfere with any third party’s use or enjoyment of the Services;
Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is in any way unlawful, illegal, fraudulent or harmful to any third party;
Not attempt to do any of the foregoing prohibitions;
Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
a. Accounts and Passwords
As a Designer or Consumer, in order to be able to use the Services, you will be required to create an account. Accounts are available to any individual who creates an account on the Platform. When you create your account, you will be asked to identify as either a Consumer or a Designer. Accounts may be approved or rejected by vveave, which shall be at our sole discretion.
As part of the account registration process, you will be asked to create a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account. You will be able to change your password at any time.
vveave reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including, but not limited to, whether you have violated the letter or spirit of the TOU or any other agreement you may have entered into with vveave, as more fully described hereinbelow.
b. Account Information
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
You can also log in to the Services from your valid Google, Facebook or Apple account. By selecting this option on the “Sign in” or “Sign up” page, you will be redirected to either the Google, Facebook or Apple log-in page, as applicable. For more information, see the section on External Links and Services below.
If you are a Logged-In Designer or Consumer, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. vveave and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
5. Description of the Transactional Process between Designers and Consumers
The transformation of Items into completed Projects using the Platform proceeds as described in this section.
b. Project Postings
If you are a Consumer, you are responsible for creating and posting a Project on the Platform. In posting a Project, you are seeking a Designer to collaborate with you and to upcycle an Item for you in order to create an entirely new, custom piece. Although the design of your Project posting is completely up to you, it is recommended that your Project post include: (i) clear and accurate dimensions of the Item; (ii) a description of the Item’s material and any other important features of the Item; (iii) photos of the Item; (iv) inspiration photos; (v) a clear description of the creative vision that you have for your Item; (vi) your budget; (vii) your delivery preferences; and (viii) your desired deadline for completion of the Project. As a general principle, you may have an unlimited number of Project posts, although vveave reserves the right to refuse to publish any Project post for any reason, at its sole discretion.
c. Designer’s Use of the Platform
Designers create their own profiles on the Platform highlighting their skills, aesthetic and designs. On the basis of a Designer’s profile, a Consumer will contact a Designer to request collaboration on a Project. The Designer will then complete the Project for the Consumer, subject to the terms set out herein.
As a Designer, you will need to link your Stripe account to your profile in order to receive payment for your work, as described in the Payment section below.
d. Communications between Designers and Consumers
Designers and Consumers can use the Platform’s chat function to communicate with each other. The communications between Designers and Consumers may be monitored by vveave to ensure compliance with these TOU. Note that both Designers and Consumers can use the Platform’s chat function to communicate directly with vveave staff members. We encourage you not to exchange any personal information through the Platform’s chat function.
Without limiting the generality of the Disclaimer of Warranties section further in these TOU, vveave and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from any communications between Designers and Consumers, whether through the Platform or otherwise, and vveave disclaims any responsibility in this regard.
e. The Collaboration Process
Once a Consumer has identified a Designer with whom he/she/they would like to collaborate with in order to complete a Project, the Consumer should either contact the Designer via the Platform’s chat function to inquire whether the Designer would like to collaborate and / or request a “Quote” on a Designer’s profile. Each Designer is responsible for creating their own Quote using the Platform, but it is recommended that the Quote include: (i) a description of the work required to complete the Project; (i) the length of time (in days) the Quote will be valid before expiring; (iii) shipping details and fees (if applicable); (iv) the price; (v) a detailed breakdown of how the Designer generated the total price; and (vi) the Designer’s Refund Policy (as defined below in the subsection Consumer Satisfaction, Refunds and Returns). As soon as the Consumer accepts the Quote through the Platform, the Consumer will proceed to payment.
Payment by a Consumer must occur within 24 hours of a Consumer accepting a Designer’s Quote, otherwise the Quote will be cancelled. For greater certainty, these payment terms means that each Consumer is paying for the Project in full, prior to the Designer beginning work on the Project and prior to completion of the Project.
Payment does not occur on the Platform or on the Website. If you are a Consumer, when you click “Pay for order”, you will be taken to Stripe's website, vveave’s “Third-Party Payment Processor”, to complete the payment owed to the Designer. Payment can be done either by credit card or by using a “Third-Party Payment Facilitator” (such as your Google Pay or Apple Pay account). Your credit card or Third-Party Payment Facilitator information may be referred to in these TOU as “Payment Information.” Your Payment Information must match the information associated with your credit card or Third-Party Payment Facilitator account for your payments to be processed. Please note that your credit card or Third-Party Payment Facilitator will be immediately charged once you complete the payment process described in this subsection.
All Payment Information is collected by the Third-Party Payment Processor on its own secured servers. vveave does not have access to any Payment information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to vveave for record-keeping purposes.
Without limiting the generality of the Disclaimer of Warranties further in these TOU, vveave and / or its Representatives shall not be responsible for (i) the negotiation, the content or the application of the Quote (or any other exchanges between Designers and Consumers, whether through the Platform or otherwise); (ii) Consumer payment; or (iii) any loss or damage, pecuniary or otherwise, resulting from any of the above, and vveave disclaims any responsibility in this regard.
g. Pricing and Taxes
Prices displayed in a Designer’s Quote are firm and in United States dollars. Prices do include shipping fees, which are included in the Quote and displayed during the checkout process.
If a Designer is required to charge and submit sales tax, it is the Designer’s responsibility to include sales tax in their Quote. Under no circumstances shall vveave be considered the merchant of record under any applicable laws or regulations. Therefore, vveave shall in no way be held responsible for determining whether sales tax should be included in the price or for informing the Designer what his/her/their obligations are with respect to charging, collecting and remitting applicable sales taxes.
h. vveave’s Commission
vveave charges a 10% commission on all payment transactions completed on our Third-Party Payment Processor’s website for Projects facilitated via the Platform (the “Commission”). When a Consumer makes a payment, the Third-Party Payment Processor deducts the Commission owed to vveave, along with the Third-Party Payment Processor’s payment processing fee prior to depositing the remaining payment into the Designer’s Stripe account. A Designer will receive the deposit of the remaining payment into their Stripe account in accordance with the payout schedule that they set in accordance with their Stripe account preferences. The Third-Party Payment Processor’s payment processing fee varies depending on your jurisdiction – please consult their pricing page for more information. For greater certainty, the Commission is taken off the full payment made by a Consumer for a Project, which includes shipping fees.
Without limiting the generality of the Disclaimer of Warranties further in these TOU, vveave and / or its Representatives shall not be responsible for (i) a Designer’s personally selected payout terms; (ii) the timing of a Designer’s payout; (iii) the Third-Party Payment Processor’s payment processing fees; or (iii) any loss or damage, pecuniary or otherwise, resulting from any of the above, and vveave disclaims any responsibility in this regard.
i. Shipping and Delivery of a Completed Project
It is the responsibility of Consumers and Designers to organize delivery - both for the Item(s) being upcycled and for the completed Project. Consumers and Designers can either: (i) arrange for in-person delivery or pickup (“In-Person Delivery”); or (ii) use the shipping options available on the Platform (“Carrier Delivery”). If a Consumer selects Carrier Delivery, the Consumer and the Designer will determine the appropriate shipping rates together using the Platform’s shipping management service provider Shippo (the “Shipping Provider”) and the shipping fees will be included in the Quote.
While shipping is available in the United States and Canada, cross-border shipping is not available at this time. Carrier Delivery is currently only functional if a Consumer and a Designer are located in the same country.
Through its Shipping Provider, vveave provides Consumers and Designers with (i) digital shipping labels to print and affix to each packaged Item and Project being sent through Carrier Delivery; and (ii) URL package tracking and updates. Other than as provided for in the previous sentence, vveave is not implicated in the shipping process whatsoever and disclaims any responsibility thereto. Each of the Consumer and the Designer are responsible for packaging the Item or Project (as applicable) and for providing the packaged Item or Project (as applicable) to the carrier, as well as any additional shipping arrangements. If a Consumer has any shipping related inquiries, they must be addressed to the Designer and/or the applicable shipping carrier. vveave shall in no way be held responsible for (i) any damages resulting from any error or failure on the part of the Designer, the Consumer or the shipping carrier in the packaging or shipping process; (ii) shipping fees; (iii) delays in the shipment process; (iv) missing packages; or (v) any issues with shipment not expressly addressed in this subsection.
j. Consumer Satisfaction; Refunds and Returns
vveave is not responsible, whatsoever, for any issues with a completed Project. Returns, refunds and further modifications to a Project can be facilitated through the Platform but the terms associated therewith are set by the Designer in the Quote (each, a “Refund Policy”). It is a Consumer’s responsibility to verify a Designer’s Refund Policy – accepting the Quote means accepting the Refund Policy. vveave shall in no way be liable for a Consumer’s dissatisfaction with their completed Project or a Designer’s Refund Policy and disclaims any responsibility thereto.
6. Additional Designer Acknowledgements
As a Designer, in addition to the other obligations found elsewhere in these TOU, you acknowledge and agree that you shall:
- Not complete any Project in a way that violates any applicable law or regulation;
- Not complete any Project in a way that violates any third party’s intellectual property rights;
- Not provide a Consumer with a completed Project that does not meet the description in the Project posting or as agreed with the Consumer;
- Not agree to complete a Project that you are unable to fulfill;
- Provide Consumers with regular updates about Project completion, especially if you are at risk of missing any agreed-upon deadlines; and
- Include a Refund Policy in your Quote; and
- Remit all applicable sales taxes in connection with the provision of your completed Projects to the appropriate tax authorities, if applicable.
Failure to adhere to any of these requirements may result in the cancellation of your Designer account, at vveave’s sole discretion.
7. Disclaimer Regarding Items, Projects and Purchases
vveave is merely the Platform marketplace provider. vveave does not examine any Items or Projects themselves and makes no representations or warranties whatsoever regarding any Items or Projects exchanged between Designers and Consumers via the Platform. If you are a Consumer paying a Designer for a Project, a completed Project is not controlled by vveave but by the Designer. If you as a Consumer have any issues with, or questions about, completed Projects, or any Projects you have purchased through the Platform, you should contact the Designer through the Platform or otherwise, except as provided for in these TOU.
Without limiting the generality of the Disclaimer of Warranties further in these TOU, vveave and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, to either the Designer or Consumer resulting from the exchange of Items, the purchase of a Project from a Designer, the failure to complete a purchase from a Designer or the use of any completed Projects purchased through the Platform, and vveave disclaims any responsibility thereto. Moreover, vveave shall not be involved in the resolution of any dispute between a Designer and a Customer and disclaims any responsibility in this regard.
8. User Content Policy, and Related Copyright and Intellectual Property Rights
If you are a Logged-In Designer or Consumer, you may use the Services to create, submit, communicate, and / or upload certain content including, but not limited to, (i) Project postings; (ii) Item descriptions; (iii) Designer and Consumer profiles; (iv) community posts and Project reviews; and (v) private chats with other Designers or Consumers, which may include written text, as well as images, photographs, audio clips and video clips. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content through and to the Services, you agree to be bound by the vveave policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
- User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any written text, photographs, or audio or video clips submitted are your own original works or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize vveave to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOU;
- You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to vveave, you hereby grant vveave a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Services and / or vveave’s (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that vveave may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
- You also hereby waive any moral rights you may have in your User Content and grant other Users a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these TOU;
- The licenses granted by you in the previous two paragraphs with respect to the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media, as applicable;
- You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortious. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, transphobic or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitation, mass mailing, chain mailing or any other form of spam;
- You will not misrepresent your affiliation with another person, or impersonate another person or legal entity, or give the impression or insinuation your User Content originates from vveave;
- You will not include in User Content links to any third-party website that is a spam or phishing website or to any website that may violate any applicable law.
Where you are accessing or downloading User Content of another Designer or Consumer on the Platform, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and vveave disclaims any responsibility in this regard.
If you believe that a Designer or Consumer has posted User Content that violates this User Content Policy, please contact us so that we may conduct an inquiry. vveave retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
User Content is not edited, curated or otherwise modified or checked by vveave prior to posting. However, vveave reserves the right, in its sole discretion, to remove or modify immediately and without notice any User Content that violates the User Content Policy.
Please note that the User Content posted on the Services does not constitute advice or endorsement from vveave and any User Content is intended for informational purposes only. User Content is created by Designers and Consumers and reflects their views and experiences with using or making purchases through the Services. Any statements, advice, opinions or tips included in User Content are those of the Users only.
vveave and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, vveave assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be encountered within any User Content.
9. Proprietary Rights
a. Intellectual Property Rights
You acknowledge that: (a) the Services, Platform and Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) vveave, its Representatives and/or third parties (via license) own all right, title and interest in and to the Services, Platform and Website and content that may be presented or accessed through the Services, Platform or Website including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to vveave and its licensors.
For the purposes of the present section and elsewhere in these TOU, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, Platform or Website, or content that may be presented or accessed through the Services, Platform or Website for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services, Platform or Website; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services, Platform or Website; or (iii) remove, obscure, or alter vveave’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services, Platform or Website.
The content, arrangement and layout of the Services, Platform and Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to vveave, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of vveave, or as permitted by the functionalities of the Services, Platform or Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Platform or Website, Computer Code, images, logos, videos, audio or trademarks found on the Services, Platform or Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and vveave may take action accordingly.
b. Submitted Information
If you choose to communicate to vveave (via any means) suggestions for improvements to the Services or any idea or proposal related to vveave or its businesses or properties (collectively, “Feedback”), vveave shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to vveave and waive in favor of vveave, its successors and assigns all your moral rights in the Feedback; and agree to provide vveave such assistance as vveave may require to document, perfect, and maintain vveave’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to vveave, you are not entitled to any compensation or reimbursement of any kind from vveave under any circumstances.
10. External Links and Services
In no way will vveave be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
11. Interruption of Service
From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, vveave and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
12. Termination of the TOU and Access to the Services
vveave may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that vveave and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from vveave’s termination of the Services or any part thereof.
Termination of the Services or your access to the Services shall terminate the present TOU as between you and vveave. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THE INFORMATION THEREON (WHETHER PROVIDED BY VVEAVE OR THIRD PARTIES) OR ANY ACTIVITY ARISING FROM YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO SUBMITTING YOUR ITEMS TO A DESIGNER IN CONNECTION WITH A PROJECT) OR THE INFORMATION THEREON OR THE MATERIALS DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. THE SERVICES, ANY MATERIALS DOWNLOADED THEREFROM, OR ANY THIRD PARTY MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES OR ANY OTHER FUNCTIONALITIES OF THE SERVICES, OR LOSSES OR DAMAGES (FINANCIAL OR OTHERWISE) RESULTING FROM YOUR USE OF THE SERVICES, THE INFORMATION THEREON, ANY MATERIALS DOWNLOADED THEREFROM, OR ANY ACTIVITY ARISING FROM THE USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO SUBMITTING YOUR ITEMS TO A DESIGNER IN CONNECTION WITH A PROJECT).
THE INFORMATION OR RESOURCES PROVIDED THROUGH THE SERVICES, WRITTEN OR PRODUCED BY VVEAVE STAFF, FREELANCE WRITERS OR OTHER SUBCONTRACTORS HIRED BY VVEAVE ARE EXPECTED TO BE AS ACCURATE AS POSSIBLE AT THE TIME OF WRITING OR PRODUCTION, AND EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION FROM THE SERVICES IS AS ACCURATE AND UP-TO-DATE AS POSSIBLE. HOWEVER, CERTAIN INFORMATION MAY CHANGE, AND ERRORS OR OMISSIONS MAY OCCUR. VVEAVE AND ITS REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, FINANCIAL OR OTHERWISE, RESULTING FROM CHANGES OR ERRORS IN INFORMATION, OR ANY OMISSION, ON THE SERVICES OR THE INFORMATION THEREON, OR YOUR RELIANCE ON SUCH INFORMATION WHETHER THE INFORMATION IS CORRECT OR NOT.
VVEAVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES THAT THE SERVICES, THE INFORMATION THEREON OR ANY MATERIALS DOWNLOADED THEREFROM, AND ANY THIRD-PARTY MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE AND FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VVEAVE AND ITS REPRESENTATIVES DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS OR OMISSIONS WILL BE CORRECTED; (III) ANY CONTENT (WHETHER PROVIDED BY VVEAVE OR THIRD PARTIES) AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES OR ANY CONTENT DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS.
SOME OF THE CONTENT DISPLAYED ON THE SERVICES MAY INCLUDE ELEMENTS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT VVEAVE ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT A DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SERVICES AND ALL OPERATIONS ON THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
14. Limitation of Liability
IN NO CASE WILL VVEAVE OR ITS REPRESENTATIVES OR LICENSEES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR ACCESS, USE, MISUSE OR INABILITY TO ACCESS OR USE THE SERVICES, OR (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE SERVICES; AND IN BOTH CASES (I) AND (II), REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TOU, IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE SERVICES EXCEED THE AMOUNT OF $100.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER VVEAVE NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, GENERAL CIVIL LIABILITY OR ANY OTHER CAUSE OF ACTION UNDER LEGAL OR EQUITABLE THEORY, RELATING TO THE SERVICES, THE INFORMATION ON THE SERVICES, YOUR USE OF THE SERVICES, ACTIVITIES ARISING FROM YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO SUBMITTING YOUR ITEMS TO A DESIGNER IN CONNECTION WITH A PROJECT), ANY THIRD PARTY MATERIALS ON THE SERVICES, OR ANY MATERIALS DOWNLOADED FROM THE SERVICES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY VVEAVE OR ITS REPRESENTATIVES; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
16. Governing Laws and Jurisdiction; Waiver of Jury Trial and Waiver of Class Action
These TOU and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any legal action or proceeding between you and vveave shall be brought exclusively in the courts located in the judicial district of Montreal, Quebec, Canada. Notwithstanding the foregoing, vveave shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.
17. Miscellaneous Provisions
- vveave shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond vveave’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
- The failure of vveave to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to vveave.