Terms of Service

Last updated: 2012 Dec 01

Contents

1. General
1a. Overview and Acceptance
1b. Severability
1b. Assignment of Jurisdiction and Waiver
1d. Disclaimer

2. Copyright, Reproduction, and Publication Rights
2a. Standard Policy
2b. Other Terms and Licenses

3. Acceptable Conduct
3a. Etiquette and Expectations
3b. Misuse of Network Resources

4. Privacy Policy
4a. How Information is Collected
4b. How Information is Used

5. Online Commerce
5a. Assignment of Jurisdiction and Governing Laws
5b. Contact Information
5c. Payments
5d. Shipping
5e. Feedback
5f. Miscellaneous

6. Violations

7. Summary, Entire Agreement

 

1. GENERAL

1a. Overview, Scope, and Acceptance.

Your access to this website including any of its content, domains, subdomains, e-mail services, podcasts, articles, software, intellectual property, or other products or services (collectively referred to as the “site”) is subject to the terms of a legal agreement between you and the site owner, Crimson Halo.

“Crimson Halo” refers to the preferred online identity of the person that is the owner, author and maintainer of the site and who holds the domain registration paperwork for this site and its content. It will be used interchangeably with “author” throughout this document; also used here is the term “visitor” which refers to any entity (including you) that accesses this site or any of its content or services for any reason.

It is understood by all parties that the author may periodically revise the Terms of Service at any time and without notice to the visitor. Accordingly, a readily accessible copy of the most current version of this agreement will be maintained online at http://www.crimsonhalo.com/terms-of-service/ and will indicate the date on which that revision came into effect.

Access to this site is granted exclusively on the basis of your consent to, and compliance with, these Terms of Service. By accessing the site, you solemnly affirm that you have read and agreed to these terms, and further, you consent to be bound by their full application, use, and administration in the course of your relationship with the site and its author. You can demonstrate your consent to the Terms of Service by actually making use of the Website or its assets or resources, in which case the author reserves the right to construe such as unconditional acceptance and consent from that point onward.

If you do not accept and consent to the Terms of Service in full, you are immediately required to discontinue your access and use of this site. Additionally, you may not access the site or accept the Terms of Service if either: (a) you are not of the legal age to form a binding contract with the Author; or (b) you are a person barred by law from receiving access to this site or its services by any law or regulation applicable to residents of British Columbia, or in your own country under the laws of your current place of residence.

1b. Severability.

It is understood and agreed that each clause in these Terms of Service is individual and severable from the others and is considered an independent agreement with the Author. In the event one or more provisions are deemed unenforceable or are otherwise invalidated for any reason, this shall not have any effect on or diminish or impair the validity of any of the remaining provisions.

In the event any single provision is found to be invalid, illegal, or unenforceable, the Terms of Service shall be construed as if such unenforceable provision had never existed within, except in any case where such interpretation would result in a material change of circunstances so as to cause completion of the relationships and fulfillment of the transactions noted herein to become unreasonable.

1c. Assignment of Jurisdiction and Waiver.

These Terms of Service shall be governed, enforced, interpreted and construed in accordance with all of the laws and statutes of the Province of British Columbia, Canada, and without regard to the laws of the visitor’s location and any possible conflict of law provisions.

The site author resides normally in Victoria, British Columbia. As such, and also because the content originates from this location, this city shall stand as the sole mutually chosen and legally sensible legal jurisdiction, duly agreed upon by both author and visitor, in the course of handling all legal matters and disputes of any kind. You hereby agree to submit to the legal jurisdiction of Victoria, British Columbia, Canada in the matter of handling any legal matters and without exemptions or exclusions of any kind.

The visitor agrees to waive any rights they may have to seek legal remedy or redress elsewhere in any other geographic location, state, jurisdiction, venue, or system. The visitor understands that this is an agreement to waive those rights and solemnly affirms that their consent to this stipulation has been given, and that it has been given freely and without duress.

In the unlikely event a dispute should arise, the visitor further agrees to defend, hold harmless and reimburse the Author as a result of any claims or matters arising in any other jurisdictions.

The vistior agrees in advance that the sole remedy for all legal examinations, discussions and decision-making shall be to perform and pursue all necessary resolution options within the city of Victoria, BC, Canada, using one or more of: (a) electronic correspondence such as e-mail or telephone calls, (b) a mutually agreed upon consultation in a neutral location such as a conference room for the purposes of discussion and resolution, or (c) through an institution of the law including lay service providers, law courts, or other legal options.

As a condition of being allowed access to this Website you agree to resolve any claims, causes of action or disputes with the Author or the Website exclusively according to the methods outlined in these Terms of Service. The laws of British Columbia will govern any statements as well as any claims that may arise. The visitor agrees to submit to the jurisdiction of the courts in Victoria, British Columbia, Canada for the purpose of litigating any such claims.

1d. Disclaimer.

The material on this site is provided for informational purposes only. All content is offered on an “as-is basis” and there are no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the site or any of its content or services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will the author be held liable for any loss or damage including without limitation, indirect or consequential loss, harm or damage, personal injury, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this site or any of its content or services. You agree to defend, indemnify and hold the author harmless from and against all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim, expense, error, choice or use of the information contained on this site or any of its content or services.

Through this website the visitor is able to link to and follow other sites that are not under the control of the author. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily signify a recommendation or endorsement of the linked material.

Every effort is made to keep the site up and running smoothly, however, the author takes no responsibility for, and will not be liable for, any issues relating to the site experiencing downtime, data loss, or errors.

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2. COPYRIGHT, REPRODUCTION, AND PUBLICATION RIGHTS

2a. Standard Policy.

Unless otherwise noted, all material on this site and all items provided by this site’s content and services is and shall remain the property and copyright of the author, Crimson Halo. No materials may be reproduced or stored by any means, electronic or mechanical, without having first obtained the specific written consent of the author.

Linking to content on the site, including deeplinking, is acceptable and encouraged, as it has nothing to do with copyright. Linking is freely encouraged to the extent that it (a) promotes healthy sharing of information, (b) occurs in good faith without malicious activity, and (c) does not cause disruption to the site or any network resources.

2b. Other Terms and Licenses.

From time to time, the author may release some projects under the terms of an “open license” (for example, the GNU General Public Licence or the Creative Commons Share Alike License) with the intention of encouraging sharing, propagation, and collaborative efforts. These projects will be managed individually on a case by case basis, and each will indicate which licenses apply and include downloadable copies of the license agreement(s).

In terms of any original material or content created by the author of this site which is shared under an open license, those licenses will be considered secondary and an addendum to these Terms of Service. They do not diminish the position of the author as lawful copyright holder, but they do exist to promote use of the project(s) in a more flexible manner as noted in the spirit and letter of those licenses.

Projects released under open licences through this site or its services are subject to a “zero financial gain” policy. While these works can be copied, remixed, downloaded, mirrored, or shared in accordance with the terms of their licences, under no circumstances do you have permission to use these works for the purposes of creating financial gain or earning a profit.

It will be the sole responsibility of the person who makes use of, or distributes, any open works to stay properly up to date on the licence terms of that work as well as to read and understand the licence prior to mirroring, sharing, archiving, or in any way using the open content. Open-license projects marked as originating from a different entity who is not the author of this Website shall retain any original citations, arrangements, and authorship as noted by their project specifications and licences.

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3. ACCEPTABLE CONDUCT

3a. Etiquette and Expectations.

As the site makes some use of various forums, e-mail tools, mailing lists, and other resources, it will be expected at all times that the visitor maintain good standing and use the site and its resources in a safe, sane, and friendly manner.

3b. Misuse of Network Resources.

On all parts of this site and its services, the following are prohibited:

  • Circumvention of any CAPTCHA, SSL, authentication, or credential confirmation;
  • Traffic relays, link farms, open proxies, spam, and multiple identical forum posts;
  • Flash mobs, denial-of-service, distributed denial-of-service;
  • Personal attacks, flame wars, or other harassing conduct;
  • Overuse of the mail server, web gateway, or databases; and
  • Any action that jeopardizes any person’s security or privacy.

In other words, treat others as you’d like to be treated and we’ll get along fine.

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4. PRIVACY POLICY

This policy governs how the site collects, uses, maintains and discloses information collected from visitors. It applies sitewide and to all products or services the site and its author may offer. We encourage visitors to frequently check this page for any changes and stay informed about how we are helping to protect the information we collect. You understand and agree it is your responsibility to review this privacy policy periodically and become aware of changes.

4a. How Information is Collected.

Personally identifiable information may be collected from the visitor in very specific ways, including but not limited to when you register on the site, place an order, place a contact request, subscribe to electronic forums or discussion lists, respond to a survey, fill out a form, or in connection with other specific features or resources that may be available through the site.

For specific services, such as subscriptions, visitors may be asked for their name, e-mail address, mailing address, or phone number. This site collects personally identifiable information only when the user voluntarily submits it. Visitors can still use the site anonymously without collection of personally identifiable data. Visitors may also refuse to supply personally identifiable information to services which request it, however this may prevent them from accessing those services or engaging in certain activities.

Non-personally identifiable information is collected from users when they interact with this site. The data may include but is not limited to IP address, web browser, screen resolution, computer type, or other technical information about the means of connection to the site such as operating system, Internet provider, or similar information. The site also uses browser cookies to enhance the user experience, for which the visitor’s browser may place cookies on their hard drive for this purpose. The visitor can choose to set their browser to refuse cookies, or to alert them when cookies are received and sent, however these settings may cause some parts of the site to function incorrectly.

4b. How Information is Used.

This site may collect and use personal information for:

  • Processing transactions, orders, and service delivery;
  • Providing users with information they requested on topics that may be of interest or use to them.
  • Promotions or surveys on site-specific events and features.
  • Improving the site based on the feedback you provide; and
  • Improving the customer service process.

The contact details the visitor provides for order processing will only be used for correspondence related to those orders. It may also be used to respond to inquiries, and/or other requests or questions. We do not share any information with outside parties except to the extent necessary to provide service or answer questions.

If the visitor opts in to a mailing list or forum, they will receive e-mails that may include news, updates, product and service information, etc. If at any time the visitor wants to unsubscribe from this correspondence, the unsubscribe instructions can be found at the bottom of the e-mails or in the list FAQ or forum FAQ.

To the best of our ability, this site uses data collection, storage and processing practices to protect against unauthorized access, alteration, disclosure or destruction of your information and data that is stored on our site. We do not sell, trade, or rent visitors’ personally identifiable information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitor traffic and users with our partners, trusted affiliates and advertisers for the purposes outlined above.

Users may find links or other means on the site to connect to our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our site. In addition, those sites or services, including their content and links, may be constantly changing and may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our site, is subject to that website’s own discretion, terms, and policies.

Ads may be delivered to users as a result of some embedded content from third party sites (for example, YouTube). This privacy policy does not cover the policies of these third party networks, however if you are concerned or wish to know more you would be encouraged to locate and read their specific policies. If practical or possible, remote-loaded video or other content may be stripped of any data collection capabilities.

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5. ONLINE COMMERCE

While not currently in place, future revisions of this site may add the functionality of plug-ins and applets for online commerce (for example, eBay). Additionally, as the site author is a member of eBay as a buyer, it is important for sellers to be aware of this site’s policies and procedures regarding online commerce.

5a. Assignment of Jurisdiction and Governing Laws.

It is understood, agreed, and affirmed by the visitor that all of the governing laws, jurisdiction and venue for all transactions and legal matters (regardless of whether they occur online or offline, or are offered directly through this site or indirectly through a third-party service or website) shall be those named in Part 1 (General) of these Terms of Service.

By participating in any transaction or service offered by this site or its author, the visitor hereby acknowledges their participation in any transaction shall, for all legal intents and purposes, constitute a contractual signature and entry into a binding contract with the author in digital form, of no less significance than that of a signature formed on paper, and that the same shall be interpreted at all times as a demonstration of the visitor’s understanding, intent, and binding consent to the assignment of legal rights, jurisdiction, and governing laws set out by these Terms of Service.

5b. Contact Information.

Should you have any questions, you agree to make contact with the author within a reasonable amount of time (ideally, 72 hours), either by using the site Contact Page to send a direct e-mail, or through the ‘Contact Member’ links in the transaction correspondence provided by the applicable third party electronic service.

You will typically receive a response back within 24 hours on normal days, or within 48 to a maximum of 72 hours during statutory holidays and seasonal rushes.

5c. Payments.

All prices are listed in US funds.

The full amount of any item(s), along with shipping and handling costs, is due within seven (7) calendar days of the visitor making a request for goods or services, entering a winning bid, or otherwise closing the sale.

PayPal shall be used for all transactions. This service permits you to make your payment via credit card as well as by many alternate means.

While most PayPal methods are instant and clear immediately, the one exception is the eCheck option, which has different processing times in different regions. Processing times for eCheck are: USA 4-5 business days, Canada 8 business days, Australia 8 business days, UK 9 business days, other countries 9-10 business days.

For security reasons, I do not accept payment by cheque, wire transfer, scrip, bitcoin, online currency, or money order. There are simply too many hacks, scams, and forgeries in the wild to make it worth my time.

Nonpayment in sites with transaction feedback systems will result in a non-performing bidder (NPB) complaint. In the event a bid retraction is needed, please review the relevant policies (external links here and here which apply to eBay). Sellers are allowed to honour only genuine requests for retraction or withdrawal; to avoid any unnecessary NPB strikes, the buyer must provide immediate notice if a payment will be delayed or is unable to be completed.

For the purposes of all other online commerce systems, this site will exercise similar standards and expectations as closely as possible. Nonperformance or failure to pay is serious and will not be tolerated; all such incidents will be forwarded to the appropriate governance entity for a full resolution.

The withdrawal or retraction of any completed transaction or auction bid incurs a restocking fee, which will be calculated and billed as follows:

  • The full amount of any transaction completion or cancellation fees, plus
  • The full amount of any transaction re-listing fees, plus
  • The full amount of any financial penalties assessed by third parties or processing institutions as a result of the circumstances of the transaction, plus
  • A basic handling fee, in the amount of two US dollars ($2.00 USD) for the cost of human labour to resolve the failed or cancelled transaction.

The restocking fee policy applies to all cancellations, bid retractions, and transaction withdrawals.

5d. Shipping.

I ship to North America, South America, Australia, and Europe.

Please verify your shipping and billing addresses before making payment. The buyer assumes all responsibility and risk of loss in the event incorrect information or an undeliverable address was provided. Again, make sure you have the right details on file.

Once payment has been made, orders will be shipped through Canada Post. Delivery to North and South America takes 7 to 21 business days. Delivery overseas to all other destinations takes 14 to 40 business days.

International buyers please note that import duties, taxes and charges are not included in the item price or shipping and handling charges. These charges are the buyer’s responsibility. Please check with your country’s customs office to determine what these additional costs (if any) will be prior to bidding/buying. Customs inspection at the destination country may cause slight delays; unfortunately, the seller has no control over this.

For multiple items, all orders purchased and paid for within 48 hours will be combined for shipping. Subsequent orders will also be combined and shipped in 48-hour cycles unless the buyer requests otherwise.

Parcel tracking and insurance are required on orders over $50. Additional signature confirmation is required on orders over $150. These items provide enhanced security, tracking options, and accountability. If your order doesn’t include tracking, you may set this up any time before your payment is sent.

Departure photos are taken at the post office indicating the order, parcel, postage, and the destination address provided by the buyer. These will ordinarily be available on request. In the case of an online auction service, departure data will be provided as a standard service to the buyer by way of a message containing the relevant instructions and links.

A different postal carrier may be chosen at the option and responsibility of the buyer, or by the seller in event of a postal strike, lockout, natural disaster, or other nationally recognized special situation where postal delivery routes and/or services are disrupted. In event of service disruption where the buyer chooses not to arrange alternate shipping, a full refund may be issued.

5e. Feedback

Please remember to keep any feedback accurate, courteous, and professional.

Do not solicit any feedback prior to shipping or delivery. These requests will NOT be honoured as they are against the terms of service at most e-commerce sites and online auction houses. You will receive your feedback once the order has been received and verified.

If you’re new to online auctions, please remember that the feedback systems are NOT to be used for questions about items, payment details or shipping. These are customer service matters which can be addressed by clicking ‘Ask a Question’ on the relevant auction page.

5f. Miscellaneous

Currently I do not offer a return policy.

Exclusive of all other situations, refunds are permitted when:

  • The buyer has significantly overpaid as the result of some typo or accidental error (for example, entering 99.99 instead of 9.99);
  • The postal authority has issued an insurance payout on a parcel lost, damaged, or destroyed due to some error, negligence or loss on the part of the postal carrier or its agent;
  • The buyer elects to withdraw their order instead of make alternate mail service arrangements in situations where a postal carrier has been disrupted due to strike or some other nationally recognized problem.

Any person engaging in disruptive, deceptive, fraudulent or NSF (non-sufficient funds) transactions shall be liable for the full expense and consequences of his or her own acts and omissions arising from or related to any incident of error, wrongdoing, negligence, or misconduct, including but not limited to repaying the seller the costs of all user fees, financial institution fees, and legal fees incurred in the course of handling the incident.

Any person found to be involved in disruptive, deceptive, fraudulent or NSF (non-sufficient funds) activities may be barred, without limitation of duration, from participation in this site’s products and services.

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6. VIOLATIONS

The site author reserves the right to deny or limit access to any person or entity for any reason, particularly for violations of these Terms of Service, or in any case where a disturbance of the network or a misuse of its resources has occurred or is reasonably inferred to have taken place.

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7. SUMMARY, ENTIRE AGREEMENT

By using this site for any reason, the visitor understands and consents to be bound by each of the above clauses in these Terms of Service.

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