Privacy Policy
Notice
All notices to you may be given by any means including, but not limited to: (a) email; (b) conventional mail; (c) notices or messages posted on Shop Causes; or (d) any other means by which you obtain notice thereof.
Access to Third Party Websites
Cyberplex Interactive Media Inc. is not responsible for the content of any third party website which you access through Shop Causes. If you decide to access any such third party website, you do so entirely at your own risk. From time-to-time, Cyberplex Interactive Media Inc. may enter into strategic relation-ships with third party websites whereby content submitted to Shop Causes by you will be visible through those third party websites. You agree that the services purchased by you, whether purchased through Cyberplex Interactive Media Inc. directly or via an access or offer on or in connection with a third party website, shall be deemed to have been purchased from Cyberplex Interactive Media Inc. for services offered directly on Shop Causes. You also acknowledge that Cyberplex Interactive Media Inc. may termi-nate any or all of such strategic relationship at any time without notice to you. If any or all of such strategic relationships are terminated, your sole recourse is to terminate your relationship with Cyberplex Interactive Media Inc. in accordance with the termination policy below, but in any event without any entitlement to refund in whole or in part.
Modifications to Terms
Cyberplex Interactive Media Inc. reserves the right to change the Terms and Privacy Policy from time to time. Such changes, modifications, additions or deletions shall be effective immediately, and Cyberplex Interactive Media Inc. will make reasonable efforts to notify you of such modifications by email to the address listed by the registered user, posting a notice that modifications have been made on the top or this page or on the Shop Causes home page, or other means that Cyberplex Interactive Media Inc. believes is reasonable in the circumstances. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Website and these Terms and the Privacy Policy periodically and to be aware of any modifications. Cyberplex Interactive Media Inc. shall not be liable to you or any third party should Cyberplex Interactive Media Inc. exercise such right. Your continued use of ShopCauses after such modifications will constitute your: (a) acknowledgment of the modified Terms and Privacy Policy; and (b) agreement to abide and be bound by the modified Terms and Privacy Policy.
Modifications to Websites
Cyberplex Interactive Media Inc. reserves the sole right to either modify or discontinue Shop Causes, including any features therein at any time with or without notice to you. Without limiting the foregoing, Cyberplex Interactive Media Inc. may, from time to time as it reasonably determines, change the attributes to various levels of "portfolio service" or any other service selected by visitors or users of Shop Causes, change the pricing structure, add or remove non-fee and fee based services, or change its limitation on allowable file size; provided however, that Cyberplex Interactive Media Inc. will not retroactively make such changes which have been previously paid for by you. Cyberplex Interactive Media Inc. shall not be liable to you or any third party should Cyberplex Interactive Media Inc. exercise such right. Cyberplex Interactive Media Inc. will make reasonable efforts to notify you of such changes by way of email or posting a notice of such change on its Website and you acknowledge and agree that these are appropriate and reasonable methods of notifying me of such modifications. Please ensure that you attend to your email periodically and visit Shop Causes periodically to check whether any modifications have been made.
Indemnification
You agree to indemnify and hold Cyberplex Interactive Media Inc., its subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of Shop Causes, which cause direct or indirect damage or harm to a third party.
Termination
Either you or Cyberplex Interactive Media Inc. may terminate your relationship with or without cause at any time. You agree that Cyberplex Interactive Media Inc. may, in its sole discretion, terminate or suspend your access to all or part of Shop Causes for any reason, including, without limitation, breach of the terms. If Cyberplex Interactive Media Inc. reasonably suspects fraudulent, abusive or illegal activity, it will terminate your relationship with Cyberplex Interactive Media Inc. and we may refer such suspicions to appropriate law enforcement authorities.
Should you object to the Terms or Privacy Policy or any subsequent modifications the-reto or become dissatisfied with Shop Causes in any way, your only recourse is to im-mediately: (a) discontinue use of Shop Causes; (b) terminate your membership; and (c) notify Cyberplex Interactive Media Inc. of your termination.
Cyberplex Interactive Media Inc. shall not be liable to you or any third party for any claims or damages whatsoever, in law or in equity, arising out of any termination or suspension or your use of Shop Causes.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF SHOP CAUSES IS AT YOUR SOLE RISK. SHOPCAUSES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYBERPLEX INTERACTIVE MEDIA INC. EXPRESSLY DISCLAIMS ALL WARRAN-TIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN-CLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABIL-ITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CYBERPLEX INTERACTIVE MEDIA INC. MAKES NO WARRANTY THAT SHOP-CAUSES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO SHOP CAUSES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CYBERPLEX INTERACTIVE MEDIA INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SHOP CAUSES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SHOP CAUSES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UP-LOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SHOP CAUSES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYS-TEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWN-LOADING SUCH MATERIAL AND/OR DATA. CYBERPLEX INTERACTIVE MEDIA INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PUR-CHASED OR OBTAINED THROUGH SHOP CAUSES.
Limitation of Liability
CYBERPLEX INTERACTIVE MEDIA INC. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RE-SULTING FROM THE USE OR THE INABILITY TO USE SHOP CAUSES INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERA-TION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF CYBERPLEX INTERACTIVE MEDIA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR AN AMOUNT GREATER THAN THE AGGREGATE AMOUNT YOU PAID TO CYBERPLEX INTERACTIVE MEDIA INC. IN THE SIX MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION.
General
The Terms shall be governed by and construed in accordance with the laws of the jurisdictions in which we operate and you agree to submit to the exclusive jurisdiction of the courts of the City of Toronto, Canada. If any provision(s) of the Terms or the Privacy Policy is held by a court of competent ju-risdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Cyberplex Interactive Media Inc.'s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless agreed to by Cyberplex Interactive Media Inc. in writing.
You agree that any cause of action arising out of or related to your use of Shop Causes must commence within one (1) year after the cause of action arose. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance. These Terms are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without Cyberplex Interactive Media Inc.'s prior written consent. Cyberplex Interactive Media Inc. shall be permitted to assign or transfer the Terms and its rights and/or obligations hereunder, including but not limited to the provision of services for which you subscribed on Shop Causes or a future website substituted therefor, in con-nection with a sale, transfer, assignment or license of all or substantially all the assets of Cyberplex Interactive Media Inc. or a change in control of Cyberplex Interactive Media Inc.