Consolidated Terms of Service

Last updated on September 6, 2011

This policy takes effect on the date shown above.
Applies to: www.crimsonhalo.com, all subdomains, all services

Click on a section to jump to it directly:

Section 1: Primary Definitions and Agreements
1.1 — General
1.2 — Acceptance
1.3 — Where Acceptance is Prohibited
1.4 — Scope
1.5 — Assignment of Governing Laws, Jurisdiction, and Waiver
1.6 — Minimum Obligations
1.7 — Disclaimer

Section 2: Copyright, Reproduction and Publication Rights
2.1 — Standard Policy
2.2 — Additional Terms

Section 3: Acceptable Conduct
3.1 — Noninteractive Content
3.2 — Forum Content

Section 4: Website Privacy Policy
4.1 — General
4.2 — Personal Information
4.3 — Non-Personal Information
4.4 — Web Browser Cookies
4.5 — Cross Site Scripting
4.6 — Use of Information
4.7 — Protection of Information
4.8 — Sharing of Information
4.9 — Third Party Websites
4.10 — Advertising
4.11 — Changes to the Privacy Policy
4.12 — Your Acceptance
4.13 — Contacting the Website Owner

Section 5: Online Auctions
5.1 — Assignment of Governing Laws and Jurisdiction
5.2 — Contact Information
5.3 — Payment
5.4 — Nonpayment
5.5 — Shipping
5.6 — Feedback
5.7 — Miscellaneous

Section 6: Violations

Section 7: Declaration (click to accept)

1. Primary Definitions and Agreements

1.1 — General

Welcome to CrimsonHalo.com.

Your access to www.crimsonhalo.com and/or any of its content, domains, subdomains, e-mail services, podcasts, articles, software, intellectual property, other products and other services (collectively referred to as the "Website" or "crimsonhalo.com") is subject to the terms of a legal agreement between you and the site owner.

The name "Crimson Halo," which for the purposes of this agreement shall be interchangeable with "Author," refers to the chosen screen name belonging to the owner, author and maintainer of this Website, and whose permanent address is located in Kamloops, British Columbia, Canada.

The term "Visitor" refers to you, a person or entity other than the Author who is accessing this Website for any reason or purpose whatsoever.

Access to this Website and its services is granted solely on the basis of your agreement and compliance with the complete Terms of Service. By accessing the Website, and in particular by continuing to access the Website, you hereby declare your intent to enter a binding legal contract with the Author as outlined by each of of the terms and conditions in this document (collectively referred to as the "Consolidated Terms of Service" or "Terms of Service").

1.2 — Acceptance

In order to use this Website, you are required to accept and agree to the full Terms of Service. If you do not accept the terms of this agreement, you are not permitted to use the Website or its products and services.

You can demonstrate your consent to the Terms of Service in one of two ways: first, by clicking on the link marked "I Accept" below; secondly, by actually making use of the Website or its assets or resources, in which case the Author will regard all such use as acceptance of the terms from that point onward.

1.3 — Where Acceptance is Prohibited

You may not use the Website or accept the terms if: first, you are not of the legal age of majority to form a binding contract with the Author; and/or second, if you are a person barred from receiving access to this Website under any law applicable to the residents of British Columbia, or in your own country under the laws of your current place of residence.

1.4 — Scope

These Terms of Service outline each of the relevant definitions, requirements, network policies, legal notices and other matters governing the acceptable use of the resources provided by this Website and its Author.

It is recognized and agreed that each clause in these Terms of Service shall be considered an independent and separate agreement with the Author; in the event that one or more clauses are deemed unenforceable or are otherwise invalidated for any reason, this shall not have any effect on (or diminish) the validity of the remaining parts of these Terms of Service.

At times, further conditions may apply in the form of an End User Licence Agreement as concerns the use of specific media files or content provided by the Author. These notices will be readily downloadable in full for review, and adjunct to the Consolidated Terms of Service, they shall govern the usage and distribution rights of the content to which they apply.

1.5 — Assignment of Governing Laws, Jurisdiction, and Waiver

While the need to determine or resolve legal disputes is unlikely, the following provisions are in place sitewide as a standard operating policy and will be considered to be in force at all times.

The Consolidated Terms of Service shall be governed, enforced, interpreted and construed in accordance with the laws and statutes of the Province of British Columbia, Canada, and without regard to any conflict of law provisions.

The point of origin of the content and services provided by the Author and this Website is the municipality of Kamloops, British Columbia. As such, it shall stand as the logical and chosen geographic venue and legal jurisdiction, selected and agreed upon by you, the Visitor, and by the Website's Author, in the course of handling all legal matters and disputes of any kind. You agree to submit to the legal jurisdiction of Kamloops, British Columbia, Canada in the matter of handling all legal matters, without exception or exclusion of any kind.

Further to this, you agree to waive your rights to seek legal remedy or redress in any other geographic location, state, jurisdiction, venue, or system. You understand this is an agreement to waive your rights to seek legal redress elsewhere in other jurisdictions and you freely give your consent to do this. In the event a dispute should arise, you also agree to defend, hold harmless and reimburse the Author as a result of any claims or matters arising in any other jurisdictions.

Additionally, you agree in advance that the sole remedy for all legal examinations, discussions and decision-making shall be to perform any necessary resolution in the city of Kamloops, BC, Canada, using one or more of: (a) purely electronic correspondence such as e-mail or telephone calls, (b) a mutually agreed upon consultation in a neutral location such as a public conference room, or (c) through an institution of the law including lay service providers and other legal services.

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 here in these Terms of Service. The laws of British Columbia will govern any such statements as well as any claims that might arise. You agree to submit to the personal jurisdiction of the courts located in Kamloops, British Columbia, Canada for the purpose of litigating any such claims.

1.6 — Minimum Obligations

Unless otherwise agreed and contracted in writing with the Author, your minimum agreement at all times will be the full Consolidated Terms of Service. As part of your obligation, you acknowledge that you have read, understood and agreed to each of the terms in this document and you hereby agree to pursue a binding contract with the Author under a specific legal jurisdiction by providing your consent in the matter outlined below.

The Author may revise these Terms of Service at any time and without notice to the Visitor. By accessing or using the Website, you agree to accept and follow the most recent revision of these terms and conditions; they can be found on this page, along with the date of most recent revision.

1.7 — Disclaimer

The information contained on this Website is for general information purposes only. The information is provided by the Author as-is, and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website 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 Website.

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 Website.

Through this website the Visitor is able to link to and follow other websites which 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 imply a recommendation or endorse the views expressed within them.

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, the website being temporarily unavailable due to technical issues.

2. Copyright, Reproduction and Publication Rights

2.1 — Standard Policy

All content copyright © 1998-2011, Crimson Halo. The material made available through this domain and its services shall remain the original property and copyright of the site Author and may not be reproduced in any form, whether electronic or mechanical, without first obtaining the prior written permission of the Author.

Linking to pages on the Website is okay and doesn't require permission. Most articles will come with a dedicated "permanent link" in the title so you can more easily share the articles with friends or post a pointer to that page on social networking sites. Future site updates may also include a dedicated button for one or more sites for the purposes of link exchange.

2.2 — Additional Terms

From time to time, the Author of this Website may release certain projects under the terms of an "open licence" (for example, the GNU Public Licence or the Creative Commons ShareAlike) with the intention of enabling a greater level of sharing, propagation and collaborative efforts. These works will be individually marked on a case by case basis, and each one shall have a downloadable copy of the licence agreement available at all times.

No supplementary agreement shall, in any way or by any means, waive or diminish the position of the Author as the lawful originating author and copyright holder.

Items shared through open licences on this site are subject to a "zero financial gain" policy. While these works can openly be copied, remixed, mirrored or shared as per 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.

Items shared under open licence formats will conform to the terms of those licence so provided; appropriate use of the content and adherence to the licence is expected.

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.

Any open content marked as originating from a different entity who is not the author of this Website shall retain the original copyright arrangements of its authorship as provided by the terms of its licence.

Finally, it shall be the responsibility of the user to understand that open content is more flexible by nature, and as a result, it may be subject to revision or change without notice of any kind.

3. Acceptable Conduct

3.1 — Noninteractive Content

The purpose of this Website is to maintain an extensive library of the Author's own past artistic works, portfolio items, news editorials, personal writings, photography, expeditions, collaborative efforts and educational content with a focus on sharing such content with others. Due to the method of presentation, these works are not necessarily interactive or based on a forum dialogue.

In these cases, basic common sense and etiquette will apply.

3.2 — Forum Content

Despite the above, there are parts of the Website where forums, collaboration tools and and e-mail discussion lists exist. These will be governed according to their own individual FAQs and rule sets.

The following rules apply to all forums, lists and collaborative tools:

Personal attacks or harassing conduct will not be tolerated.
Each user is responsible for the security of their own system.
Jeopardizing group security may result in quarantine or termination.
Spamming is prohibited and may result in quarantine or termination

4. Website Privacy Policy

4.1 — General

The Privacy Policy governs the manner in which this site collects, uses, maintains and discloses information collected from users (you, the "user") of www.crimsonhalo.com and/or its products and services (the "Website").

This policy applies to the entire Website and its products and services.

4.2 — Personal Information

Personally identifiable information may be collected from users in several ways, including, but not limited to, when users register on the site, place an order, subscribe to electronic forums or discussion lists, respond to a survey, fill out a form, and in connection with other activities, services, features or resources that may be available through the Website.

Users may be asked for (as appropriate) their name, e-mail address, mailing address, or phone number. Users may, however, visit the Website anonymously without any collection of personally identifiable data. This Website collects personally identifiable identification only if the user voluntarily submits such information. The user may refuse to supply personally identifiable information, however it may prevent them from engaging in certain Website related activities.

4.3 — Non-Personal Information

Non-personally identifiable information may be collected from users when they interact with the Website. This data may include web browser type, screen resolution, computer type and other technical information about the means of connection to the Website such as operating system and Internet provider, or similar information.

4.4 — Web Browser Cookies

This Website uses browser cookies to make its navigation menus function and to enhance the user experience. The user's browser may place cookies on their hard drive for these purposes. The user can also choose to set their browser to refuse cookies, or to alert them when cookies are received and sent, however these settings may in some cases cause parts of the site to not function correctly.

4.5 — Cross Site Scripting

There is a zero tolerance policy in effect across this domain and its services concerning cross-site scripting (XSS). All content native to www.crimsonhalo.com and its direct services shall not make use of XSS. Further, we will also (on a best effort basis) strive to ensure any third party content included in the writings of the Website's pages, mailing lists and forums conforms to this policy.

4.6 — Use of Information

This Website (and its services) may collect and use personal information for:

Improving the Website: we strive to improve our offerings based on the information and feedback we receive from you.
Improving customer service: your information helps us to more effectively respond to your service requests, inquiries and support needs.
Processing transactions: we may use the information users submit about themselves when placing an order to provide services related to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
For periodic and recurring correspondence: to contact users with data they have agreed to receive about topics we think may be of interest or use to them.
Administrative needs: to serve content, offer promotions and surveys or for other specified site features.

The e-mail address users provide for order processing will only be used to send information and updates pertaining to their orders. It may also be used to respond to their inquiries, and/or other requests or questions.

If the user decides to opt-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 user wishes to unsubscribe from receiving this correspondence, detailed unsubscribe instructions can be found at the bottom of each e-mail (for e-mail discussion lists) or in the forum FAQ (for online forums).

4.7 — Protection of Information

To the best of our ability, this Website adopts data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

4.8 — Sharing of Information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

4.9 — Third Party Websites

Users may find advertising or other content on our Site that link to the sites and services of 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, these sites or services, including their content and links, may be constantly changing. These sites and services 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 terms and policies.

4.10 — Advertising

Ads may be delivered to users as a result of some embedded content from third party networks (for example, YouTube), who may in turn set cookies. This privacy policy does not cover the use of cookies by third party networks. You are encouraged to refer to the specific privacy policy of the third party network for that purpose.

Wherever possible, embedded videos and content from YouTube will be stripped of data collection (cookie) abilities via the Privacy Mode option.

4.11 — Changes to the Privacy Policy

The Author reserves the sole discretion to update this privacy policy at any time. When updated, a notification will be posted on the main page of the Website, as well as a revision date at the top of the "Consolidated Terms of Service" page.

We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of any modifications.

4.12 — Your Acceptance

By using this Website, you signify your acceptance of this policy, and collectively the other Terms of Service outlined on this page. If you do not agree to the terms, please do not use the Website.

Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

4.13 — Contacting the Site Owner

If you have any questions about this privacy policy, the practices of this site, or your dealings with this site, please contact the owner by following the directions posted at the Contact page.

5. Online Auctions

While not currently in place, future revisions of this Website may include the addition of plug-ins and applets for online commerce systems (for example, eBay). It is also imperative that other sellers are made aware of the site owner's policies that guide the manner in which online commerce is managed.

5.1 — Assignment of Governing Laws and Jurisdiction

You declare and understand that the governing laws, jurisdiction and physical venue as concerns the handling of all transactions and legal matters (regardless of whether they occur online or offline, or are offered directly through the Website or indirectly through a third-party service the Website uses such as an online auction house) will be the same assignment as noted under Section 1, and each of the same terms and agreements shall apply under all circumstances.

By participating in any auction or transaction offered by this Website, whether directly or indirectly, you declare that you have read, understood, and consented to the online commerce policy in addition to each part of the Consolidated Terms of Service.

You further agree that your participation in any transaction shall, for all legal intents and purposes, constitute a contractual signature and entry into a binding contract in digital form of no less significance than that of a signature formed on paper, and that such may be interpreted at any time as a demonstration of your understanding, agreement and binding consent.

5.2 — Contact Information

If you have any inquiries about an item or its listing, you must address them (keeping in mind a reasonable amount of time to get a reply) using either the contact page at www.crimsonhalo.com (for non-auction inquiries) or the contact link provided inside the item's auction listing (for eBay and/or other auction house transactions). To keep things running smoothly, this should be handled before you make your purchase.

You may expect to receive a reply within 24 hours during normal weekdays and weekends, or within 48 hours during statutory holidays and seasonal rushes.

5.3 — Payment

All prices are in US funds. Full payment is due within seven (7) calendar days of accepting a transaction, entering a winning bid, or otherwise closing the sale.

This website uses PayPal for all transactions (external link here, opens in a new window). This option also easily allows you to make payment via credit card. If you don't have an account yet, you can set one up through their site for free.

Most PayPal options clear immediately, or within 2 business days at the latest.

Please note that the "eCheck" option has different processing times depending on the payor's country of origin:

From the US: up to 4 business days
From Canada: up to 8 business days
From Australia: up to 8 business days
From the UK: up to 9 business days
Other: may vary, usually 9 business days

For security and safety reasons, this website WILL NOT accept payment in any of the following forms: cheques, wire transfers, scrip, online currency, e-mail transfers, or bank-to-bank transfers.

5.4 — Nonpayment

Nonpayment in eBay auctions may result in a non-performing bidder (NPB) complaint if left unresolved. In the event a bid retraction is needed, please review eBay's official policies (external links here and here, opens in a new window). Sellers are only allowed to honour genuine requests. To avoid any unnecessary NPBs the buyer must provide immediate notice to the seller if a payment is delayed for any reason.

At other online auction houses, this Website carries a similar if not virtually identical policy: third party sales nonperformance is a serious matter, it will not be tolerated for any reason, and all incidence of same will be reported to the appropriate governance or support manager.

Withdrawal or retraction of any completed online transaction(s) or auction bid(s) may result in a restocking fee, calculated and billed as follows:

The sum of any auction/transaction completion fees, plus
The sum of any auction/transaction re-listing fees, plus
The sum of any financial institution penalties assessed as a result of the circumstances of the transaction in question, plus
A handling fee in the amount of two US dollars ($2.00 USD) to cover the costs of human labour required in resolving the dispute/transaction.

There will be no exception to the restocking fee policy when handling a bid retraction or transaction withdrawal.

5.5 — Shipping

Once payment is made, all orders ship via Canada Post. Delivery to North or South America takes 7 to 21 business days. Delivery overseas to Europe, Asia or Australia takes 15 to 40 business days.

Shipping is automatically combined when a buyer orders multiple items. Any orders placed up to 48 hours after the buyer's first purchase will be included in the same parcel. After this, shipping will be grouped into subsequent and consecutive 48-hour cycles. This ensures reasonable departure and delivery times.

A departure photo will be taken at the post office showing order items, parcel, postage, and the destination address given by the buyer. Once the items have been mailed, the buyer will receive an eBay system message that inclides links to the departure photos.

Parcel tracking is optional for orders of $50 or less, required on orders over $50, and includes signature confirmation on orders over $200. This provides enhanced security and faster service. If your order doesn't include tracking, you may set it up at any time before payment is issued. Insurance is provided free of charge by the seller for these services.

Please verify your primary mailing address before bidding. This is the address used by the seller for shipping and it shall be the sole duty of the buyer to ensure the correct information has been provided. The buyer assumes all liabilities and risks in the event an incorrect address is given.

International buyers please note: import duties, taxes and charges are not included in the item price or shipping 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 inspections at the destination country may cause slight delays, the seller has no control over this and all items will be delivered once they've been inspected.

Emergency fail-over: if Canada Post is unable to fulfill its duty as a postal carrier because of some serious and publicly recognized crisis, such as a general strike, lockout, national emergency, riot or natural disaster, the following measures will apply:

Parcels which have not been submitted to the post office for delivery will be held for review.
You will be given an opportunity to make alternate delivery arrangements with another carrier if you still want the parcel shipped. We will provide a list of available carriers in the area along with information about their rates.
Parcels sent through alternate carriers must have individual tracking and/or delivery confirmation, no exceptions.
If you don't want to arrange alternate shipping, you may request a refund.
Any parcels currently in the mail system prior to the start of the crisis will (on a strictly best-effort basis) be tracked using all available means to determine their last reported position, present location and expected delivery time. This step depends on what tracking and coverage services you requested.
You will receive further information and status updates as we receive them.
Disclaimer: the need to switch carriers during a time of emergency may incur additional costs for handling and delivery confirmation which vary from location to location and carrier to carrier. We reserve the right, on a case-by-case basis, to request sufficient funds for shipment or to refund you the amount of any overpayments made in the process of arranging alternate delivery.

5.6 — Feedback

Please remember to keep all feedback concise and professional.

To maintain a high standard of communication, feedback will only be provided after the item(s) are confirmed delivered or you have given feedback indicating your receipt or satisfaction with the item(s) purchased.

Items we buy from other sellers or stores will be verified for delivery and authenticity before leaving the seller any feedback. This ensures that enough time has elapsed for us to receive the product, check order accuracy and address any concerns.

Please DO NOT solicit feedback prior to making delivery. We do not honour these requests. Besides being a violation of the rules in most auction houses, sending someone feedback before they deliver your item(s) is bad for the community, too. It hurts the credibility and usefulness of the feedback system. We don't do this and neither should you!

If you're new to eBay, please remember that the feedback system is not used to ask questions about items, payment details or shipping. These are customer service matters which must be addressed by clicking 'Ask Seller a Question' on the auction page.

5.7 — Miscellaneous

By delivering quality products, great photos, verified orders and pre-departure data on all orders, you get the tools you need to make a good purchase, no guesswork involved.

Returns are not permitted; all sales are final.

Refunds will only be permitted in circumstances where:

Where the buyer has significantly overpaid as a result of some typo or self-evident mistake (for example, entering 99.99 instead of 9.99);
Where the postal authority has issued insurance payout on a parcel that has been lost, damaged, or destroyed due to some error, negligence or loss on the part of the postal carrier or its authorized agent;
Where the buyer elects to forfeit an order instead of arranging alternate mail service in the event of fail-over (see section 5.5 for more information).

Any person engaging in disruptive, deceptive, fraudulent or NSF (non-sufficient funds) activities shall be made liable for the entire consequences of his or her own acts and omissions arising from any incident of negligence or misconduct, including but not limited to repaying the costs for any administrative fees incurred in the process of handling the incident.

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

6. Violations

The Author specifically reserves the right to deny or limit access to any person, organization, third party or entity for any reason, in particular for violation of any of these Terms of Service, or in the event a disturbance or abuse of network resources has occurred or is reasonably assumed to have taken place.

7. Declaration

By clicking "I Accept" you signify your agreement to these terms and conditions: