Terms of Service

Fabricana.ca is owned and operated by Fabricana Imports LTD. and are collectively referred to as “The Site” and as "we", "our", or "us".

PLEASE READ THESE DETAILS CAREFULLY BEFORE ACCESSING OR USING THE SITE.

  1. By accessing or using The Site, you agree to be bound by the terms and conditions set forth below in this Agreement. By using The Site, you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.

  2. If you do not wish to be bound by these terms and conditions, you may not access or use The Site. Fabricana Imports LTD. reserves the right to modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on The Site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of The Site shall be your conclusive acceptance of the modified agreement.

  3. You understand that, except for information, products, or services clearly identified as being supplied by Fabricana Imports LTD., Fabricana Imports LTD. does not operate, control, or endorse any information, products, or services on the Internet in any way. You may establish a hypertext link to The Site provided that the link does not state or imply any sponsorship of your site by The Site or by Fabricana Imports LTD. To the fullest extent permitted by law, Fabricana Imports LTD. disclaims any warranties for viruses or other harmful components in connection with The Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to The Site for the reconstruction of any lost data.

  4. Intellectual Property

    4.1 Copyright

    You may not use The Site, or the materials available on the site, in a manner that constitutes infringement of our rights or that has not been authorized without written permission of Fabricana Imports LTD. Unless explicitly authorized in these Terms of Use, you may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works of, exploit or distribute, in any manner, the material on The Site including but not limited to the underlying HTML code, text, photographs, images, illustrations, video clips, audio clips, graphics and the selection and organization of information owned by Fabricana Imports LTD. or one of its related companies or third party licensors, except where otherwise indicated, and are protected by Canadian and international copyright, trade-marks, and other proprietary rights, laws and treaties.

    4.2 Submissions

    Any videos, photos, comments, information or material that you submit or send to Fabricana Imports LTD. post to The Site, link to from The Site, or otherwise make available on or through The Site ("Your Material") will be deemed not confidential nor secret. By submitting, posting or otherwise making Your Material available on or by The Site, you:

    a) Agree and acknowledge that Your Material will not be treated as confidential or proprietary.

    b) Agree and acknowledge that you are 13 years of age or older.

    c) Represent and warrant that Your Material:

    i) Is original to you and that no other party has any rights to the material or that you have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in Your Material, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in Your Material to use his/her name and/or likeness;

    ii) Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, pornographic, invasive of another's privacy, hateful or otherwise in violation of any law;

    iii) Does not contain a virus or other harmful component; and

    iv) Does not contain any false or misleading indications of origin or statements of fact.

    d) Grant Fabricana Imports LTD. the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (without obligation) to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also irrevocably waive any moral rights in Your Material in connection with our exploitation of the rights granted to us in this agreement. Fabricana Imports LTD. is not responsible for copyright infringements made by any third party resulting from the publication of Your Material on The Site or anywhere else owned or produced by Fabricana Imports LTD. You agree that you shall have no recourse against Fabricana Imports LTD. for any alleged or actual infringement or misappropriation of any proprietary right relating to Your Material.

  5. Trademarks

    Fabricana, “Studio Fabricana”, “Sewing Lounge”, Interior Delights  and other trademarks and service marks used in The Site are exclusive property of Fabricana Imports LTD. No rights to the use of these trademarks or services marks are licensed by this Agreement.

  6. Third Party Rights

    The site may from time to time contain links or pointers to Internet sites maintained by third parties. Fabricana Imports LTD. does not operate or control in any way any information, products or services on or provided by these third-party sites and Fabricana Imports LTD. expressly disclaims any responsibility for such third-party sites and all of their services or wares, which are provided for your convenience on an "as is" basis without any endorsement or warranties by Fabricana Imports LTD. of any kind, express or implied.

  7. Termination

    We may cancel or terminate your right to use The Site or any part of The Site at any time without cause and without notice to you in our sole discretion. In the event of cancellation or termination, you are no longer authorized to access the part of The Site affected by such cancellation or termination. The restrictions imposed on you with respect to the disclaimers and limitations of liabilities set forth in this Agreement shall survive.

  8. Indemnification

    You agree to indemnify, defend and hold harmless Fabricana Imports LTD., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to The Site from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of this Agreement by you.