This Acceptable Use Policy (the “Policy”) applies to all websites hosted by Subspace Productions. Subspace Store’s services are collectively referred to as the “Service.”

System and Network Security:

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples of system or network security include, but are not limited to:

1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network, to breach security or authentication measures without the express authorization of the owner of the system or network.
2. Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network.
3. Interference with Service to any user, host or network including, without limitation: electronic junk mailing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP/IP packet header or any part of the header information in an email or newsgroup posting.

Copyright or Trademark Infringement:
Subspace Store Service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights.

Other Activities:
Subspace Store reserves the right to determine what is harmful to its Visitors, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.

Please be aware Subspace Store reserves the right to cancel any account they find in violation of any of the above policies.

Complaints about violators of our Policy should be sent via email to abuse@subspacestore.com. Each complaint will be investigated.

 

By using the services on the websites (Subspace Store and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with Subspace Productions, and the general principles for the websites of our subsidiaries and affiliates. The following describes the terms on which Subspace Store (“Subspace Productions”) offers you access to our online services.

Before you may become a member, you must read and accept all of the terms and conditions in and linked to this User Agreement and the Privacy Policy. We strongly recommend that you read all provided information. By accepting this User Agreement, you also agree that your use of some Subspace-branded websites or websites we operate may be governed by separate user agreements and privacy policies.

This Agreement is effective on July 23, 2011, for current users, and upon acceptance for new users. .

While using Subspace Store, you will not:

-post content or items in an inappropriate category or areas on the sites;

-violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;

-use our sites and services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;

-fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;

-fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;

-manipulate the price of any item or interfere with other user’s listings;

-circumvent or manipulate our fee structure, the billing process, or fees owed to Subspace Store;

-post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

-take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or for using it for purposes unrelated to the Subspace Store);

-transfer your account (including feedback) and User ID to another party without our consent;

-distribute or post spam, chain letters, or pyramid schemes;

-distribute viruses or any other technologies that may be harmful, or the interests or property of users;

-copy, modify, or distribute content from the sites and our copyrights and trademarks; or

-harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing the Subspace Store

Subspace Store reserves the right to Delete/Remove any content we deem inappropriate, misleading, illegal – quastionable as to the intended purpose of the site.

The Subspace Store and the Community work together to keep the sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

 

By signing up you agree to receive our email newsletter of site activity. You may at any time opt out from receiving these emails with the link located at the bottom of the newsletter. Our mailing list is never shared with any third party. Our service provider is located in the USA, information is shared securely with our 3^rd party vendor under same privacy restrictions guidelines.

Some content may be considered Adult or 18+ in 3^rd party Ads and descriptions; We discourage ads with explicit imagery or descriptions to maintain a Quality of Brand and Service. Ads may be removed at anytime without prejudice.

No information posted infringes third party intellectual property.

 

Holds

To protect against the risk of liability, Subspace Store has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance or the riskiness of the listing category.  PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.

Fees and Services

When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that policy are effective after we provide you with at least fourteen days’ notice by posting the changes on the site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the new service on the site.

Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.

Liability

You will not hold Subspace Productions, The Subspace Store responsible for other users’ content, actions or inactions, or items they list. You acknowledge that we are not a traditional store. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) C$150.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

Our sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Subspace by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Subspace Productions and the appropriate third party, as applicable;

interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy

We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by registered mail to Subspace Productions., Attn: Legal Department 7 Fraser Ave. Studio 2B Toronto Ontario M6K 1Y7 Canada or to the email address you provide to during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

If a dispute arises, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Subspace Store agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against Subspace Productions must be resolved by a court located in Toronto, Ontario Canada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Toronto Ontario Canada for the purpose of litigating all such claims or disputes.

Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than C$15,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims – All claims you bring must be resolved in accordance with this Resolution of Disputes. All claims filed or brought contrary to the Resolution of Disputes shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes, Subspace Productions may recover attorneys’ fees and costs up to C$1500, provided that Subspace Store has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Any further litigation : Cassels Brock & Blackwell LLP

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the sites:

General

Subspace Productions is located at 7 Fraser Ave. Studio 2B Toronto Ontario M6K 1Y7 Canada. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Subspace Store Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.