Terms of Use & Privacy Policy

SophieArmstrong.ca Terms of Use and Service, last updated: 03/29/2019

The following terms and conditions apply to SophieArmstrong.ca and all content, services and products available at or through the Website. The Website is owned and operated by Sophie Armstrong Entertainment Inc. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Sophie’s Privacy Policy) and procedures that may be published from time to time on this Website.

Website Terms and Conditions of Use

Acceptance of the Website Terms and Conditions of Use

These website terms and conditions of use for www.sophiearmstrong.ca, constitute a legal agreement and are entered into by and between you and Sophie Armstrong Entertainment Inc. (“Company,” “we,” “us,” “our“). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any content, functionality, offered on or through www.sophiearmstrong.ca (the “Website“).

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT INCORPORATED HEREIN BY REFERENCE.

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website and Account Set-Up and Security

Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.

The Website including content or areas of the Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions, (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy https://sophiearmstrong.ca/terms-of-use-privacy-policy/

You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

Conditions of Use and Site Content Standards

As a condition of your access and use you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the website, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

Without limiting the foregoing you warrant and agree that your use of the Website and any User Submissions shall not:

(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.

(b) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable.

(c) Involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information.

(d) Involve, provide or contribute any false, inaccurate or misleading information.

(e) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions.

(f)  Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

(g) Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

(h) Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

(i)  Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

(j)  Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(k)  Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

User Submissions: Grant of License

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Site Monitoring and Enforcement, Suspension and Termination

Company has the right, without provision of notice to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

Privacy

Any user information will be deemed our property and your use of our site constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy https://sophiearmstrong.ca/terms-of-use-privacy-policy/ as we deem necessary for use of the Website.

Third Party Websites

For your convenience, this Website may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.

Online Purchases

All orders, purchases or transactions for the sale of goods, or services made using this Website are subject to the terms and conditions of sale https://sophiearmstrong.ca/terms-of-use-privacy-policy/ also incorporated into these Terms and Conditions.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDEMENTAL BREACH, DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website.

Governing Law and Jurisdiction

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and our Privacy Policy and Terms and Conditions of Sale constitute the sole and entire agreement between you and Sophie Armstrong Entertainment Inc. regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

REPORTING AND CONTACT

This website is operated by Sophie Armstrong Entertainment Inc., 2324 Sumac Rd NW, Calgary, AB T2N 3T9.

All notices of copyright infringement claims should be sent to the Company at sophie@sophiearmstrong.ca

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at sophie@sophiearmstrong.ca

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: sophie@sophiearmstrong.ca

 

Terms and Conditions for the Online Sale of Goods and Services

  1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully. 

These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system. 

 

By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.

 

You may not order or obtain products or services from this website if you: (i) do not agree to these terms and conditions, (ii) are not at least 18 years of age, or (iii) are prohibited from accessing or using this website or any of this website’s contents, products or services by applicable law.

 

These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through www.sophiearmstrong.ca (the “Site“). These Terms are subject to change by Sophie Armstrong Entertainment Inc. (referred to as “us,we” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

 

These Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Site. You should also carefully review our Website Privacy Policy before placing an order for products or services through this Site (see Section 8).

 

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

  1. Prices and Payment Terms. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

  1. Returns and Refunds. We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition.
  2. Limited Warranty.

 

  • We warrant to you that for a period of 6 months from the date of shipment (“Warranty Period“), the products purchased through the Site will materially conform to our published specifications in effect as of the date of shipment and be free from material defects in material and workmanship.
  • EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 5(a), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY; OR (ii) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

  • Products manufactured by a third party (“Third-Party Product“) may constitute, contain, be contained in, incorporated into, attached to or packaged together with the products. Third-Party Products are not covered by the warranty in Section 5(a). For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY; (ii) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OR CONDITION OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE,\ OR OTHERWISE.

 

  1. Limitation of Liability.

 

  • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

  • IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.

 

  1. Intellectual Property Use and Ownership. You acknowledge and agree that Sophie Armstrong Entertainment Inc. will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trade-marks. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site.

 

  1. Privacy. We respect your privacy and are committed to protecting it. Our Website Privacy Policy, https://sophiearmstrong.ca/terms-of-use-privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

  1. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

 

  1. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Alberts and the federal laws of Canada applicable therein.

 

  1. Waiver of Recourse to the Courts and Binding Arbitration.

 

  • You and Sophie Armstrong Entertainment Inc. are agreeing to give up any rights to litigate claims in a court. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.

 

  • The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

  1. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

  1. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

 

  1. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

  1. Entire Agreement. These Terms, any agreement relating to any product or service you obtain on or through this Site, our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

 

Sophie Armstrong Entertainment Inc Privacy Policy, last updated: 03/29/2019

SOPHIE ARMSTRONG ENTERTAINMENT INC. PRIVACY POLICY

Last revised: March 2019

Sophie Armstrong Entertainment Inc. and its staff, and volunteers (the “Company”) respects an individual’s right to privacy and will only collect, use, store or disclose personal information in accordance with this privacy policy (the “Privacy Policy”).

This Privacy Policy applies to our collection, use, storage and disclosure of personal information through the website www.sophiearmstrong.ca (the “Website”).

CONSENT AND CONTACT

By using the Website, you understand and agree to the Company’s collection, use and disclosure of your personal information in accordance with this Privacy Policy or as otherwise permitted or required by law.

Any use or disclosure beyond the scope of this Privacy Policy requires consent. You may limit or revoke your consent, subject to legal or contractual restrictions and reasonable notice, at any time by giving notice to our privacy contact person at sophie@sophiearmstrong.ca (the “Privacy Contact Person”). You understand that when you limit or revoke consent it applies on a going-forward basis and not retroactively, and that the Company may limit the information or other services it is able to provide to you.

WHAT INFORMATION WE COLLECT

We collect different types of information and data for various purposes related to providing and improving our Website, providing you with news and information about Sophie Armstrong, and making Sophie Armstrong merchandise available in our online store. Information we collect may include personal information, usage data and cookies, and location data.

Personal Information

While using our Website, we may ask you to provide us with certain information that can be used to contact you or identify you (the “Personal Information”). Personal Information includes your:

  • Email address
  • First name and last name
  • Phone number
  • Address including province, city and postal code
  • Date of birth and other demographic information
  • Billing, account and other related payment or financial institution
  • Cookies and usage data
  • Opinions, evaluations and comments

We may use your Personal Information to identify you in our records, or to contact you with information that may be of interest to you including upcoming show dates, announcements, and certain marketing and promotional materials. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link provided in any email we send or by contacting us directly.

Other Information and Data

We may collect data about how the Website is accessed and used. This usage data may include technical information such as your computer’s IP address, your browser type and version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other unique device identifiers and diagnostic data.

We use your usage data to provide our Website and to improve and customize your experience of the Website and its features.

We may use and store data about your location if you give us permission to do so. We use the location data to provide features of our Website, and to improve and customize our Website. You can enable or disable location services when you use our Website at any time, through your device settings.

HOW WE USE YOUR PERSONAL INFORMATION

The Company uses the collected Personal Information for various purposes, including:

  • To detect, prevent and address technical issues;
  • To provide customer support and to respond to requests for information;
  • To process your purchases of products or services from our online store;
  • To communicate with you about your orders, purchases, services, accounts, programs, contests, sweepstakes, and other Sophie Armstrong news, events and updates;
  • To provide, maintain and improve our Website and the products and services we offer by using tracking technologies such as cookies;
  • To improve the quality of service provided by the Company and Website;
  • To customize your experience of the Website;
  • To facilitate third parties in providing services or products to you in connection with any transaction or prospective transaction with the Company, including without limitation third party payment software;
  • To ensure our compliance with all applicable laws;
  • To detect, prevent or investigate security breaches or fraud;
  • To maintain appropriate records for administrative purposes; and
  • For such other purposes as may be disclosed to you before or at the time when the information is collected.

The Company will not collect Personal Information for any other purpose.

 

HOW LONG DO WE KEEP PERSONAL INFORMATION

Personal Information is retained by the Company for the longer of one year or to the extent the Personal Information continues to be useful for fulfilling the purposes identified in this Privacy Policy, or to the extent necessary to comply with our legal obligations (for example, if we are to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Multiple copies of the Personal Information may be retained in a like manner only as required for fulfilling the purposes identified in this Privacy Policy.

Personal Information stored in physical form is disposed of by secure shredding or other means as required to prevent unauthorized parties from accessing that information. Personal Information stored in electronic or other ephemeral form is destroyed through erasure or other means, or is made anonymous, as required to prevent unauthorized parties from accessing that information.

The Company retains usage data for internal analysis purposes. Usage data is generally retained for a short period of time, except when this data is used to strengthen the security or to improve the functionality of our Website, or we are legally obligated to retain this data for longer time periods.

 

WHERE IS YOUR PERSONAL INFORMATION STORED AND PROCESSED

Your Personal Information is stored and processed on servers owned by companies in Canada and the United States and may in some cases be transferred to other countries. Where your information is transferred outside of Canada, it may be available to government authorities under lawful orders and laws applicable in those countries.

Your consent to this Privacy Policy represents your agreement to that transfer. We take steps to ensure that your Personal Information is treated securely in accordance with this Privacy Policy and applicable data protection laws.

 

WHO WE SHARE YOUR INFORMATION WITH

Personal Information may be disclosed only for the purposes identified in this Privacy Policy and only to the extent necessary to achieve such purposes. Any party to whom a disclosure of Personal Information is made will be required to give assurances that the Personal Information will be protected in a like manner as this Privacy Policy describes and always in compliance with applicable privacy laws:

  • We may share Personal Information with affiliated companies and our partners for proper management, analysis and decision making, including decisions regarding the expansion and promotion of Sophie Armstrong products and services offerings, orders or responding to customer requests, and for use by those companies for the other purposes described in this Privacy Policy;
  • We may share your information with service providers that provide us with support services, such as credit card and other payment processing, website hosting, and other services, email delivery, location mapping, postal mail processing and delivery, and analytics services. We require the companies to refrain from using and disclosing your Personal Information except when they are performing work for us or when the disclosure of your information is required by law.
  • We may disclose your information if the disclosure is required by law, the disclosure is necessary to enforce our agreements or policies, or the disclosure will help us protect the rights, property, or safety of the Company, our customers or our partners.
  • We may share information about you with other companies if you give us permission or direct us to share the information.
  • We may share your information in a way that does not directly identify you. For example, we may combine information about you with information about other people and share the combined information in a way that does not link your information to you.

 

Our Website may contain links to other third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. The Company neither owns nor controls these third-party websites and assumes no responsibility for the information practices of those websites. You should inform yourself with the privacy policies (if any) of those third-party websites.

We will not store or collect your payment information. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy policy.

 

SECURITY OF PERSONAL INFORMATION

The security of your Personal Information is important to us but remember that no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security and you agree to provide us with Personal Information at your own risk. Methods of communicating Personal Information to third parties may not be completely secure and may be susceptible to loss, misrouting, and error.

Personal Information collected by the Company may be stored in a secure database or file system, both physically and in electronic or other ephemeral form. All Personal Information stored electronically or in other ephemeral form is secured by confidential password(s), encryption or other means and may only be accessed by authorized persons.

The Company maintains reasonable security measures to protect your Personal Information including firewalls, anti-virus and system security monitoring. We limit access to your Personal Information to those employees, contractors and agents on a need to know basis.

 

HOW TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION

The Company aims to take reasonable steps to allow you to access or correct your Personal Information. You can update your Personal Information directly within your account settings if applicable, or you may contact our Privacy Contact Person in writing to make the required changes.

You have the right to request an opportunity to view the Personal Information held by us. There are limited exceptions to the type of information you cannot access, including information collected during an investigation or information that includes the Personal Information of another person. Request for access should be forwarded to our Privacy Contact Person.

Upon receipt of a request, we will advise if we have any Personal Information in our care and control, as well as provide you with details of such personal information.  Any such access request may be subject to a small statutory fee to meet our costs in providing you with details of the information we hold about you, where permitted by applicable law.

We reserve the right to confirm the identity of the person seeking access to Personal Information before complying with any access requests or corrections to Personal Information.

 

USE BY MINORS

We do not intend for our Website to be used by persons who are minors under the age of 13. If you are under the age of 13, please do not use our Website. If you are over the age of 13 but under the age of majority in the jurisdiction where you reside, you should use the Website only with the permission of a parent or guardian. If we become aware that we have collected Personal Information from minors without verification of parental consent, we take steps to remove that information from our servers.

 

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Website, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

How to Contact Us

If you have any questions about this Privacy Policy, please contact us at sophie@sophiearmstrong.ca or by using the contact form on our Contact page:

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Last updated: 03/29/2019