Terms of Use

Welcome to the website of Pearl's Boutique (including any of its subsidiaries or corporate affiliates, collectively, "we," "us" or "our"). Any person using or accessing the website located at www.pearlsboutique.ca, and any other website(s) owned and/or operated by Pearl's Boutique and any of their associated web pages (collectively, the "Web Site") is referred to as "you".

By using and accessing the Web Site, you represent, warrant, understand and agree:

1) To accept, comply with, and be bound by these Terms of Use.

2) That you have the right, authority, and capacity to abide by these Terms of Use.

3) To comply with all applicable laws, rules and regulations concerning your access to and use of the Web Site.

4) You are over 18 years of age.

You are responsible for regularly reviewing these Terms of Use. Pearl's Boutique reserves the right to update, change, modify or otherwise alter these Terms of Use at any time without notice and are effective immediately upon posting.  You agree that such shall bind you.  Any use or access of the Web Site by you after the posting of any revisions shall constitute and be deemed your agreement to these terms of use. 

If you do not want to be bound by these Terms of Use, do not use or access any part of the Web Site.

These Terms of Use are effective unless terminated by Pearl's Boutique. Pearl's Boutique may terminate these Terms of Use, the Web Site or any portion thereof, any website or webpage within the Web Site or any products or services offered through the Web Site, or terminate your right to access or use the Web Site or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Web Site, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms of Use, shall each survive such termination.

 

USE AND ACCESS

You may use the Web Site solely for your personal and non-commercial use. You agree to only access or use the Web Site solely for legal purposes as allowed by these Terms of Use. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Web Site, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
  • Hack into the Web Site or any of its Web Site, or modify another website so as to falsely imply that it is associated or affiliated with the Web Site;
  • Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Web Site;
  • Violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
  • Access or attempt to access any password-protected, secure or non-public areas of the Web Site.

For any portion of the Web Site that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s)

 

INTELLECTUAL PROPERTY 

The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Web Site are the property of Pearl's Boutique and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Web Site "AS IS", and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Pearl's Boutique be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Web Site.

The Web Site as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the Canada, as well as international treaties, conventions and the laws of other countries, as applicable.  You may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Web Site, in whole or in part.  Any use of the Content, except as specifically provided in these Terms of Use, is strictly prohibited.

 

CONTENT 

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Web Site are owned by Pearl's Boutique and/or third parties, and are collectively referred to as "Content."  The Content may contain omissions, errors, or may be out of date.  Pearl's Boutique reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice.  The Content is provided for informational purposes only and is not binding on Pearls Boutique in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Web Site are the sole responsibility of the third-party originator of such Content.  Links to any third-party Content are provided for your convenience only.  If you choose to access any third-party Content, you do so at your own risk.  You acknowledge and agree that Pearl's Boutique is not responsible or liable for any loss or damage of any sort incurred as a result of accessing third-party content, products or services or dealings with a third-party website.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Web Site, which are not controlled by Pearl's Boutique, should be directed to the third party that controls such Content or hyperlink.  If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Web Site

 

USER GENERATED CONTENT

Pearl's Boutique welcomes comments, feedback, reviews, notes, suggestions, thoughts, ideas, proposals, pictures, photographs, information, text, graphics, images, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, specifications, catalogs, literature, advertisements, titles, names and any other materials, but which shall expressly exclude any personally identifiable information from you on the Web Site, including but not limited to on its blog, product detail webpages and elsewhere.  You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit (collectively, "Submit" or "Submission", as appropriate) to the Web Site (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity. You are entirely responsible for all User Generated Content that you submit or otherwise make available via the Web Site.

By Submitting User Generated Content to the Web Site, you grant, and you represent and warrant that you have the right to grant, to Pearl's Boutique, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information.  In addition, by posting or allowing Pearl's Boutique or a third party to post User Generated Content to any public area of the Web Site, you grant Pearl's Boutique all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Web Site to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Web Site, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.

In the event that you do not wish for Pearl's Boutique to use your User Generated Content, please do not Submit such User Generated Content to the Web Site. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Pearl's Boutique, and Pearl's Boutique makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Pearl's Boutique reserves the right to remove any User Generated Content from the Web Site at any time and for any reason.

 

LIMITED LICENSE

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Web Site, but only while accessing the Web Site. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Web Site for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Web Site for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms of Use.

You also agree not to deep-link to the Web Site or any website or webpage thereof for any purpose, unless specifically authorized by Pearl's Boutique. Use of any of Pearl's Boutique trademarks as metatags on other Web Sites is also strictly prohibited.

 

UNAUTHORIZED USE

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Web Site, or transmit any worms or viruses or any code of a destructive nature on or to the Web Site.

You agree that you shall not use the Web Site for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms of Use.  Illegal and/or unauthorized uses of the Web Site, including, but not limited to, unauthorized framing of or linking to the Web Site or unauthorized use of any robot, spider, or other automated device on the Web Site, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

 

LINKING 

If Pearl's Boutique authorizes you to deep-link your website or a service offered by you to the Web Site, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Pearl's Boutique has no obligation to continue to provide or make the service or the Web Site available; (2) all conditions, disclaimers and limitations on use set forth in these Terms of Use remain in full force and effect; (3) all intellectual property rights relating to Pearl's Boutique and its technology and Content, including all ownership rights, remain the exclusive property of Pearl's Boutique; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Pearl's Boutique may terminate your access to the Web Site at any time in its sole discretion.

Pearl's Boutique reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Pearl's Boutique sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Web Site, (v) content that is illegal, or a violation of any federal, state, or  local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Web Site.

 

LIMITATION OF LIABILITY

In no event will Pearl's Boutique be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Pearl's Boutique is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

 

INDEMNITY

You agree to indemnify, defend and hold harmless Pearl's Boutique, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Web Site, Pearl's Boutique and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms of Use, any warranty you provide herein, or otherwise arising in any way out of your use of the Web Site or purchase of the products or services therefrom.  Pearl's Boutique reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Pearl's Boutique in asserting any available defenses.

 

MODIFICATION / TERMINATION OF WEB SITE 

Pearl's Boutique has the right to modify or terminate the Web Site at any time without prior notice.  In the event of termination of the Web Site, you will still be bound by your obligations under these Terms of Use and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein.  Pearl's Boutique shall not be liable to you or any third-party for any termination of your access to the Web Site or any portion thereof.

 

COPYRIGHT

© Pearl's Boutique 2018, all rights reserved.

All materials on the Web Site (as well as the organization and layout of the Web Site) are owned and copyrighted or licensed by Pearl's Boutique, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Web Site is permitted. Any rights not expressly granted herein are reserved by Pearl's Boutique.

Pearl's Boutique, and all related names, logos, product and service names, designs and slogans are trademarks of Pearl's Boutique or its affiliates or licensors. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.