Terms of Service
Use of this Website. This website is owned and operated by the Urban Barrel Company (hereby known as the Urban Barrel Company) for commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. Material on this website may not be copied, reproduced, republished, uploaded, posted, transmitted, posted, distributed or modified in whole or in part, whether in text, graphical, audio, video or executable form, prior to written permission of the Urban Barrel Company. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
Ownership and Confidentiality. Material on this website, including but not limited to text, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Urban Barrel Company, and Urban Barrel Company does not represent or warrant that such material does not infringe the rights of any other person or entity. You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also acknowledge that any information or materials which you provide electronically through your access to or usage of this website does not infringe the rights of any person or entity, and may be used in whole or in part in any manner by Urban Barrel Company including, but not limited to, reproduction, retransmission, publication of such information or material or ideas, concepts or other know-how contained therein for the commercial purposes of Urban Barrel Company or disclosure of your identity.
Blogs. This website may include blogs which allow feedback to the Urban Barrel Company and users, and real-time interaction between users. Urban Barrel Company does not control the messages, information or files delivered to Blog, unless otherwise noted therein. However Urban Barrel Company reserves the right at all times to monitor, edit, refuse to post or to remove any information or materials, in whole or in part, that in Urban Barrel Company’s sole discretion are objectionable or in violation of any of the terms contained herein, and to deny any user access to the website. Users accessing the Blog agree not to:
- a) restrict or inhibit any other user from using and enjoying the Blog;
- b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind,or any blatant expression of bigotry, racism, hatred or harassment, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law;
- c) post or transmit or in any way exploit any information, software or material for commercial purposes or which contains solicitations for sales or purchases, advertising, promotion or marketing.
Accuracy of Information. While Urban Barrel Company may update the information or materials on this website from time to time, no assurance is given that information or material on this website is up-to-date, accurate, error-free or complete.
Viruses, etc. Urban Barrel Company does not represent or warrant that the information or materials, including without limitation any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of Urban Barrel Company or others, are the property of their respective owners, and may not be used without written permission of the applicable owner of such Marks. Any information or material contained on this website which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or material. These Terms of Service (“ToS”) also confirms that the customer (“customer”) undertakes to the extent of the applicable laws applicable in the customer’s jurisdiction that the customer has confirmed that the logos and/or “artwork” are not controlled by any trademark or intellectual property of the jurisdiction or under the madrid protocol if applicable; should the logos and/or “artwork” be controlled or property of any entity or individual , the customer undertakes under the full extent of the law that the right written permissions have been obtained to use the logos and/or “artwork”. Moreover the customer and the owner of controlled logos and/or “artwork” undertakes that they shall hold the Urban Barrel Company harmless against any liability , torts or infringement of trademarks.
Social Media – The company acknowledges that the Facebook , Instagram logos, trades marks and other priority information remains the property of the their respective companies and does not construe a business and binding relationship between any entity. The Urban Barrel Company (The Company) agrees to use these social media platforms as per the applicable terms and conditions of Facebook and Instagram and in turn the user undertakes that the terms of service of the respective social media platforms are used as such.
Content provided by the User. Users are responsible for their own content and that of third parties that they share through The Urban Barrel Company, that they upload and post on or through , or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal. In particular, the Owner may decide to suspend or interrupt the visualization of content in the event that:
other Users file complaints;
a notice of infringement of intellectual property rights is received;
it is decided to do so in view of, or as a result of, legal actions;
said action is solicited by a public authority; or
if it is believed that the content, while being accessible via The Urban Barrel Company, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain The Urban Barrel Company.
Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through The Urban Barrel Company, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Third party affiliations , intellectual property , logos, trademarks etc remains the property of the their respective companies and entities. Either party has come into separate agreements or understanding that the branding will be used in good faith for mutual benefit. Should either party notice a breach, the counter party shall cease from using all marketing , trademarked or affiliated IP, logos and shall send a notice via electronic mail (e-mail) to firstname.lastname@example.org
Exclusion of Warranties. Urban Barrel Company makes no representation or warranty regarding the functionality or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. Urban Barrel Company AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The information and materials on this website are not intended to provide specific technical, financial, tax, legal, business, accounting or other advice for your individual circumstances, and you should consult your own professionals to determine how any information or materials provided on this website apply to your individual requirements, circumstances and/or needs. These exclusions are in addition to any specific exclusions otherwise provided in these terms and conditions. To the extent the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions which are not permitted do not apply.
Limitation Of Liability. Urban Barrel Company OR ITS AFFILIATES / DISTRIBUTORS / PARTNERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR USE OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER BASED IN CONTRACT OR IN TORT OR OTHER LIABILITY TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY. THIS LIMITATION APPLIES WHETHER OR NOT Urban Barrel Company HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF Urban Barrel Company AND ITS LICENSORS FOR DAMAGES UNDER OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS, WHETHER FOR A SINGLE OCCURRENCE OR SERIES OF OCCURRENCES, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO Urban Barrel Company PURSUANT TO THESE TERMS AND CONDITIONS. This limitation on monetary damages will not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law. Your sole and exclusive remedy is to discontinue using and accessing this website. To the extent the jurisdiction to which you are subject does not allow certain other limitations, such limitations which are not permitted do not apply.
Governing Law: These Terms of Service (ToS) shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
Arbitration: Any disagreement with this Terms of Service (ToS) relating to this Terms of Service (ToS) may be referred by a party to arbitration. The arbitration shall be conducted by a single arbitrator if the parties can agree upon one, failing which, an arbitrator shall be appointed in accordance with the Arbitration Act (Ontario), or any statutory modification or reenactment thereof, and the arbitration shall be subject to such Act. The decision arrived at by the arbitrator shall be final and binding upon the parties and may be appealed only in accordance with such Act. The provisions of this section shall be deemed to be a submission to arbitration within the provisions of such act. The compensation and expenses of the arbitrator shall be paid equally by the parties to the arbitration. The arbitration hearing shall be held in Ottawa.
Notices Entire Terms of Service (ToS) Governing Law: All legal notices must be in English, in writing and addressed to the other party’s primary contact. This Agreement states all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter.The parties expressly agree that in all respects pertaining to this Terms of Service (ToS) and its subject matter, their rights, obligations and remedies shall be governed exclusively by the terms of this Terms of Service (ToS) and that this Terms of Service (ToS) supersedes any prior understandings and Terms of Service (ToS) s between them with respect to its subject matter. There are no representations, warranties, terms, conditions, undertakings or collateral Terms of Service (ToS) s, express, implied or statutory, between the parties other than as expressly made in this Terms of Service (ToS) .
Changes to Terms. Urban Barrel Company may modify, alter or otherwise update the terms applicable to this website from time to time without notice, and you agree to be bound by such terms as are in effect at the applicable time at which you access the Urban Barrel Company website.