Terms of service

1. Introduction and Acceptance

Welcome to prismlifestyle.co (the “Website”), a website operated by Prism Lifestyle Co. (“we”, “our”, “us” or the “Company”). By accessing or using the Website, you agree, without limitation or qualification, to be bound by the following terms and conditions, which may be modified by us from time to time in our sole discretion (collectively the “Terms of Use”). Your continued use of the Website following the posting of any changes to these Terms of Use will mean you understand and accept those changes.

2. Site Content

a) Restrictions on Use of Materials

All material, information and content (collectively “Content”) available on the Website, including without limitation the manner in which such Content is presented, belong to us, our affiliates and/or our licensors and all rights are reserved. The Content is protected by Canadian and international copyright laws and treaty provisions. You may not publish, reproduce, distribute, display, perform, record, sell, lease, create derivative works based upon and otherwise exploit the any of the Content obtained through the Website, including without limitation, by framing or similar means, without our prior written consent or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print (as applicable) one copy of the Website’s Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

b) Trade-Marks

● and all associated designs and logos are our trade-marks (owned or used under licence). All other product, brand and company names and logos used or mentioned on the Website may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on the Website without the express written consent of the owner of the trade-mark is strictly prohibited.

c) Links

The Website contains links to other websites or webpages owned or operated by other entities which may or may not be associated or affiliated with us. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked website or information contained therein or of their security or privacy practices. We shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the Website or any of its content in any form and by any method is strictly prohibited.

d) Advertising and Promotions

Being exposed to advertising is a condition of accessing the Website and our services.

The Website is reader-supported. We may earn an affiliate commission when you click on a link (whether on an advertisement or a text link) on the Website, and we may earn a further commission if you decide to buy the product or service (an “Affiliate Product”) available through the link. The content featuring the Affiliate Products may not always be identified on the Website as paid or sponsored content, but we strive to be honest and transparent about our dealings with our affiliates, and to tailor our recommendations to best suit your interests and needs.

3. Site Conduct

a) Prohibited Conduct

Except as expressly permitted in these Terms of Use, you may not:

i) remove, alter, cover or distort any copyright, trademark or other proprietary rights notice on the Website;

ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website;

iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website for any purpose without our express written permission;

iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords or email addresses;

v) solicit other users to join or become members of any commercial online service or other organization;

vi) attempt to or interfere with the proper working of the Website or impair, overburden or disable the same;

vii) decompile, reverse engineer or disassemble any portion of the Website;

viii) use network-monitoring software to determine architecture of or extract usage data from the Website;

ix) encourage conduct that violates any local, provincial or federal law, either civil or criminal, or impersonate another user, person or entity; or

x) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

b) Submitting Content

If you submit content to the Website or directly to us, you agree to abide by our User Content Policy below.

c) Third Party Dealings

Your correspondence or business dealings with any third parties (including without limitation any merchants or advertisers shown on the Website) are strictly between you and such third parties. An example of a business dealing with a third party would be a purchase of a product or service from a merchant mentioned on the Website. We assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

d) Monitoring and Disclosure

We have the right but not the obligation to monitor the Website or any content accessible through the Website from time to time, and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users and customers in accordance with our privacy policy.

e) Responsibility for Minors

If you have authorized a minor under the age of 18 to use the Website, you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Website may contain material that is inappropriate for minors.

4. User Content Policy

Any material that you submit to us, whether through the Website or directly to us, is considered User Content. When you submit User Content, you must abide by the following requirements:

i) You may not contribute, post or transmit to the Website:

(1) any infringing, unlawful, threatening, abusive, harassing, invasive of another’s privacy, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;

(2) any commercial solicitations, mass mailing, chain mailing or any other form of spam; or

(3) any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

ii) You retain all of your ownership rights in the User Content, but by submitting User Content to us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, publish, reproduce, distribute, display, perform, record, sell, lease, create derivative works based upon and otherwise exploit the User Content (in whole or in part) as we deem appropriate in our sole discretion. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. You also grant other users permission to access your User Content to use, publish, reproduce, distribute, display, perform, record, sell, lease, create derivative works based upon and otherwise exploit the User Content (in whole or in part) for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt and remove such content and combine the same with other materials. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you. You hereby waive any moral rights you may have in your User Content.

iii) You may not submit any User Content that violates any intellectual property right or other proprietary right of a third party, and it is your responsibility to ensure that your User Content is not in such violation.

iv) You may not include in User Content links to any third-party website that is a spam or phishing website, to any website that contains adult content, or to any website that may violate any applicable law.

v) We may retain, but not display or distribute, server copies of User Content that have been removed or deleted.

vi) User Content may or may not be edited, curated, moderated or otherwise modified or checked by us before its publication. We reserve the right, in our sole discretion to modify or remove, immediately and without notice, any User Content.

vii) We 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 this User Content Policy or not, and disclaims any responsibility in this regard.

5. User Name and Password

If you register for an account with our Website, your account may only be accessed by use of your login name and password. You are solely responsible and liable for any use or misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Company representative. We recommend that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords are our property, and may be cancelled or suspended at any time by us without any notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify us of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

We reserve the right to terminate your account, at our sole discretion, at any time and for any reason. We 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 your account information and accessing your account through any means.

6. Privacy

You have read our Privacy Policy, the terms of which appear on the Website and are incorporated into these Terms of Use, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by us in accordance with the terms of and for the purposes set forth in the Privacy Policy.

7. Liability Disclaimer

You acknowledge that visiting the Website 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 we disclaim any responsibility in this regard. Except as explicitly provided in these Terms of Use as amended from time to time, we make no representations or warranties of any kind, express or implied, regarding the Website and/or any content provided therein, all of which are provided on an “as is” and “as available” basis. We do not warrant the accuracy, completeness, currency, reliability or suitability of the Website or its content, and expressly disclaim all warranties and conditions in respect of the Website or its content, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

We will not be responsible for late, lost, incomplete, illegible, misdirected or stolen messages or emails, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. We assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website.

In no event shall we be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or content found therein, the operation of the Website, or any failure or delay in the operation of the Website (including, but not limited to the inability to use any component of the Website for purchases) even if advised of the possibility of damages.

Notwithstanding the foregoing, if we should be found liable for any loss or damage arising out of or in connection with the Website or its content, our liability shall in no event exceed in the aggregate CAD$200.

You expressly acknowledge that we have entered into this agreement (the “Agreement”) with you and have made the Website and its content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and the Company. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.

8. Indemnification

You shall indemnify and save harmless the Company, its directors, officers, employees and agents from and against any claim, cause of action or demand (including without limitation reasonable legal, accounting and other professional fees) arising out of or in connection with your use of or reliance on the Website. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9. Termination

You acknowledge and agree that we, in our sole and absolute discretion, may, without notice to you, suspend or terminate your account, or your use of or access to the Website for any reason and without compensation.

10. Governing Laws

This Agreement shall be governed by the laws of the Province of British Columbia, Canada. You consent and submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia for all disputes arising out of or relating to the use of the Website and these Terms of Use.

11. Additional Terms

Additional Terms of Use apply to purchases of products and services from the Website. Additional Terms of Use may also apply to specific functions available on the Website.

12. Severability

The invalidity, illegality or unenforceability of any provision of these Terms of Use shall not affect the validity, legality or enforceability of any other provision hereof.

13. Headings

The headings used in these Terms of Use are included for convenience only.

14. Entire Agreement

These Terms of Use, together with those incorporated or referred to herein, constitute the entire agreement between you and the Company relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by us as set forth above.