Terms of Use

The following describes the terms (the “Terms” that govern your use of the Scotty2Naughty Inc. website, and the services and goods provided through the Scotty2Naughty Inc. website). Your use of this website constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the Scotty2Naughty Inc. website.

1. Use of the Scotty2Naughty Inc. website (doing business as Scotty Graham).

(a) Content

The information and materials contained at the Scotty2Naughty Inc. website, including the text, images, arrangement and general design (collectively, the “Content”) are owned or licensed by Scotty2Naughty Inc., the respective artist or the artist’s heirs. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorization of Scotty2Naughty Inc. or the copyright owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted.

(b) Prohibited Use

You may not use the Scotty2Naughty Inc. website in any manner which is contrary to applicable local, provincial, national, international and foreign laws or regulations governing your use of theScotty2Naughty Inc. website. It is solely your responsibility to determine whether your use of the Scotty2Naughty Inc. website is lawful. You may not use the webstie in any manner which could damage, disable, overburden or impair the website or interfere with any other party’s use and enjoyment of the Scotty2Naughty Inc. website.

(c) Prices and Orders

Scotty2Naughty Inc. reserves the right to change the prices, fees and charges regarding the goods and services available through the Scotty2Naughty Inc. website (including the e-store) at any time and from time to time without any notice or liability to you or any other person. Scotty2Naughty Inc. cannot guarantee that goods or services advertised on the Scotty2Naughty Inc. website will be available when ordered or thereafter. Scotty2Naughty Inc. also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, Scotty2Naughty Inc. will provide you with an opportunity to cancel your order. If you order goods or services that are not available, Scotty2Naughty Inc. will notify you by email with an expected shipping date. Scotty2Naughty Inc. reserves the right to limit quantities sold.

(d) Modification

Scotty2Naughty Inc. reserves the right to change or modify the terms, conditions, and notices under which you may use the Scotty2Naughty Inc. website. Scotty2Naughty Inc. will post all changes or modifications to these Terms on the Scotty2Naughty Inc. website. Each use of the Scotty2Naughty Inc. website will constitute your acceptance of the Terms posted on the Scotty2Naughty Inc. website at that time.

2. Your Information

Scotty2Naughty Inc. is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.

(a) E-Store Purchases

When you make a purchase we will ask you to provide only the personally identifiable information necessary to complete the transaction including your name, billing and shipping addresses, telephone number, and credit card number. We also require your e-mail address so you can receive order and shipping confirmation e-mails and so we can communicate with you if there is any follow-up required in processing your order.

(b) E-Newsletters

If you advise us that you wish to subscribe to our e-newsletters, your information will be used to provide you with the e-newsletters. 

3. Purchases from the Scotty2Naughty Inc. e-store.

(a) Credit Card Charges

We accept the following credit cards:

  • Visa
  • MasterCard
  • American Express

You credit card will be charged upon checkout. 

(b) Confirmation of Order

You will receive an e-mail conformation of your order. Please note the Confirmation/Transaction Number for purposes of order tracking.  Please review your shipping information contained in the e-mail.

(c) Order Cancellation

Order cancellation is acceptable until the item physically ships.  Contact Scotty2Naughty Inc. to cancel an order.

(d) Shipping Policy

Shipping is available to most destinations within Canada, the U.S. 

Scotty2Naughty Inc. will notify you if any item cannot be shipped, and you will be given the option to wait until the item becomes available or cancel your order and receive a full refund.

The shipping prices indicated on the Scotty2Naughty Inc. website or otherwise levied include both the cost of shipping using Canada Post services and the Scotty2Naughty’s handling costs. Some heavy or bulky items require additional shipping charges. These charges are indicated on the page of the applicable products.

Scotty2Naughty Inc. is not responsible for any costs associated with a customer providing incorrect shipping information.  All shipping fees incurred by an item returned to Scotty2Naughty Inc. will be charged to the customer. Order confirmation emails include a reminder to review the shipping information, should a customer notice an error they should notify Scotty2Naughty Inc. by replying to the email or at scotty2naughty@gmailcom

(e) Sales Taxes, Customs and Duty

All prices indicated at the Scotty2Naughty Inc. website do not include applicable tax (including sales and goods and services tax) or custom and duty charges.  Only H.S.T. will be added and collected upon checkout.

(g) Returns

We want all our customers to be completely satisfied with their purchases. If you are not completely satisfied with your purchase contact us and we will respond fairly. We will only accept returns through the mail if we have been notified in advance by email of your intention to return the merchandise. The merchandise must be in original condition, be accompanied by the sales receipt and shipped back to us prepaid in the original packaging. All refunds will be given in the manner in which the purchase was made. We will issue the refund once the merchandise has been received provided it is in good condition. We will not refund any shipping charges unless agreed to in advance.

(h) Customer Service

If you require additional information please contact us:

  • email at scotty@scottygrahamca or use "Contact" page on the Scotty2Naughty Inc. website
  • telephone:  request our phone number or ask us to call you back anytime

 

4. Disclaimer

THE SCOTTY2NAUGHTY INC. WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,WHERE IS” BASIS. SCOTTY2NAUGHTY INC. DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SCOTTY2NAUGHTY INC. WEBSITE OR ANY OF THE CONTENT.

SCOTTY2NAUGHTY INC. DOES NOT WARRANT THAT THE SCOTTY2NAUGHTY INC. WEBSITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE SCOTTY2NAUGHTY INC. WEBSITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THE SCOTTY2NAUGHTY INC. WEBSITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE,ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS OR COMMUNICATION LINE FAILURE.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, SCOTTY2NAUGHTY INC. FURTHER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS (I) REGARDING THE GOODS OR SERVICES PROVIDED THROUGH THE SCOTTY2NAUGHTY INC. WEBSITE (THE “PRODUCTS”), (II) REGARDING THE USE OF THE PRODUCTS, (III)THAT THE PRODUCTS WILL PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS, OR (IV)THAT ANY DEFECTS IN THE PRODUCTS WILL BE CORRECTED.

5. Limitation of Liability

THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THESE TERMS. SCOTTY2NAUGHTY INC. WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE),EXPENSES, LOSS OF PROFITS, LOSS OF EARNING, LOSS OF BUSINESS OPPORTUNITIES,LOSS OF DATA OR OTHER LOSS, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE PROVISION, USE OR FAILURE OF THE SCOTTY2NAUGHTY INC. WEBSITE, AND/OR THE CONTENT, WHETHER NEGLIGENT OR OTHERWISE, AND WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT, OR ANY OTHER DOCTRINE OF LAW.

6. Indemnity

You agree to indemnify, defend and hold harmless Scotty2Naughty Inc. and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the Scotty2Naughty Inc. website by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.

7. Contests

From time to time Scotty2Naughty Inc. may make contests available to users of the Scotty2Naughty Inc. website and others. All contests are governed by these Terms and the applicable rules of the contest (the “Rules”). By participating in a contest through the Scotty2Naughty Inc. website, you signify your agreement and acceptance of these Terms and the applicable Rules.

8. Links

Links to external web sites (the “Linked Sites”)are provided only as a convenience and do not constitute an endorsement by Scotty2Naughty Inc. of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between the Scotty2Naughty Inc. and the Linked Sites. Scotty2Naughty Inc. is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.

9. Miscellaneous

(a) Survival

The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms.

(b) Marks

Scotty2Naughty Inc. and the Scotty Graham logo  (collectively the “Marks”) appearing on the Scotty2Naughty Inc. website are trademarks, trademarks or service marks of Scotty2Naughty Inc. The use of the Marks is strictly prohibited without the prior written consent from Scotty2Naughty Inc.. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Nothing appearing on the Scotty2Naughty Inc. website or elsewhere will be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Marks displayed on the Scotty2Naughty Inc. website.

(c) Severability

If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

(d) Entire Terms

Unless specifically provided herein, these Terms constitute the entire agreement between you and Scotty2Naughty Inc. with respect to your use of the Scotty2Naughty Inc. website. These Terms will supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of the Scotty2Naughty Inc. website except as specifically set forth herein.

(e) Termination

These Terms will automatically terminate if you are in breach of any of the provisions contained herein. Scotty2Naughty Inc. reserves the right, in its sole discretion, to suspend or terminate your access to the Scotty2Naughty Inc. website and the related services or any portion thereof at any time, without notice. Upon any such termination you may no longer access and/or use the Scotty2Naughty Inc. website.

Scotty2Naughty may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Scotty2Naughty Inc. website, invoices or any part of it or any of its features or services at any time, for any reason, without any notice or liability to you or any other person.

If these Terms or your permission to use theScotty2Naughty Inc. website is terminated by you or Scotty2Naughty Inc. for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Scotty2Naughty Inc. website and your purchases of goods and services through the Scotty2Naughty Inc. website, wholesale, invoice, consignment and anything connected with, relating to or arising from those matters.

(f) Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, located in the city of Toronto for any legal proceeding arising out of or relating to your use of the Scotty2Naughty Inc. website or these Terms.

25 MARCH 2014 - Toronto, Ontario, Canada