Terms and Conditions of Use
Last Modified: July 1, 2021
Fresh TV Distribution Inc. ("we", "us" or "our") is a corporation formed pursuant to the Business Corporations Act R.S.O. 1990, CHAPTER B.16 in Ontario, Canada. In consideration for permitting your access to our website and online store hosted at https://lucasthespider.com and related domains, domain extensions and subdomains (collectively our “Website”) and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of our Website.
By using our Website, you, the user ("you" or "your"), represent and warrant that (a) you are of the age of majority in your province, state or country as applicable; and (b) you have read and understand these Terms and agree to be bound by them.
If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with us.
AS OUR WEBSITE AND PRODUCTS CONTINUE TO EVOLVE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE STOP ACCESSING THE WEBSITE AND TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.
Establishing an Account
You may browse the public facing sections of our Website without establishing an account or providing us with any personal information. You may also purchase products from us without an account by proceeding to the online checkout as a guest user.
Establishing an account on the Website makes the checkout process easier and allows you to store and save products you may wish to later purchase, receive customer offers and obtain other benefits.
Upon establishing a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Website and your account in accordance with these Terms but reserve the right to revoke that license and your account access at any time.
Account Not Transferrable
Access to your account is not transferrable and is only intended for you, the individual who established the account, even if your account is made accessible to you by an organization (such as your employer or other third party). As a result, you are not permitted to change the name associated with your account.
Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third-party.
Unless you established your account via a third-party sign-in provider (such as Apple, Google and others) you agree to use a unique password for your account which you do not use for any other online service. As we may send password reset notices and links to your email account registered on the Website (i) you are responsible for ensuring that your email address provided to us is accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.
You agree you are responsible for any activity on your account and all correspondence provided to us from any email address or phone number used to register or maintain your account, whether or not you authorized that activity or correspondence. You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.
You must immediately notify us of any unauthorized use of your account.
You must inform us of any changes to your contact details and other information provided to us, including, but not limited to, your email address and telephone number.
While we and our third-party software and technology providers take certain security measures in relation to the Website, you acknowledge that the technical processing and transmission of the Website and related data and information, including your own account data and information, is at risk of being hacked or stolen by third parties and will involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We rely on a number of third parties to make the Website available, including software, data and web hosting providers. You accept all such risks in using the Website and you agree and acknowledge that in using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal information.
Acceptable Use of the Website
In using the Website and in interacting with us, you agree, and you represent and warrant to us and all other users of the Platform, that you:
We may, but have no obligation to, remove accounts and block the internet protocol addresses of users that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.
Where prices are listed on the Website, they are subject to change without notice. Such prices listed are an invitation to make an offer and are subject to acceptance by us. Even in the event of the automated processing of your order on the Website, you agree that we will have the opportunity to review and accept such orders. All orders are also subject to availability.
If any information or terms posted to the Website concerning discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms. Misprints, errors, omissions (including incorrect product specifications) or other errors may sometimes occur. As a result, we reserve the right to:
You agree to pay all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from the purchase of products on the Website.
We use third-party payment processors to process payments made by you on the Website. Our third-party payment processors include Stripe, PayPal and others. Although we may display their forms on or via our Website, when you provide your payment details on or via the Website, you are providing them to the applicable payment processor.
We may have access to view portions of your payment information via the third-party payment processor, however, we do not collect or store your full credit card information ourselves. You acknowledge that third-party payment processes may have their own terms and conditions that apply to you. If you have any questions concerning our third-party payment providers, please contact us.
We only permit returns in very limited circumstances in accordance with our Return Policy, which is available online at https://lucasthespider.com/returns/ and incorporated by reference herein.
Acceptance of Risk and Disclaimers
Everything on the Website, including all products available for order, are provided "as is" without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATED OR RELATED ENTITIES (INCLUDING BUT NOT LIMITED TO FRESH TV INC., ELLIOTT ANIMATION INC. AND LTS PRODUCTIONS SEASON 1 INC.), AND OUR AND EACH AFFILIATED OR RELATED ENTITIES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED (INCLUDING BY NEGLIGENCE OR OTHERWISE), FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PRODUCTS ORDERED FROM OUR WEBSITE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATED OR RELATED ENTITIES AND RESPECTIVE, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO (I) REQUESTING A REFUND OR EXCHANGE PURSUANT TO OUR REFUND POLICY, IF APPLICABLE; AND (II) DELETING YOUR ACCOUNT WITH US.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN (I) THE AMOUNTS PAID BY YOU (IN CONNECTION WITH A PRODUCT ORDER) TO US, OVER THE PRECEEDING SIX (6) MONTHS FROM THE DATE OF YOUR CLAIM; OR (II) USD $25.00, WHICHEVER IS GREATER.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Ownership of the Website
Our Website contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Website without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Fresh TV Distribution Inc., Fresh TV Inc., Elliott Animation Inc. and LTS Productions Season 1 Inc. including the Lucas the Spider logo, without our or the applicable trademark owner’s express written permission.
Our Website may permit you and other users the ability to upload and post content, including product reviews and comments ("User Content"). We do not pre-screen all User Content uploaded or posted to the Website by you or other users. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content for commercial and other purposes, that you post or upload to the Website.
In uploading or contributing User Content, you agree not to use the Website in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms.
Feedback and Interactive Content
We do not seek and request that you do not provide any creative ideas or feedback related to our Website, programming, shows, episodes, products or characters. The intent of this policy is to avoid the possibility of future disputes when projects or products developed by our employees, licensors or partners might seem similar to your feedback or ideas. Therefore, unless specifically requested by us, you agree to not send us any original creative materials or ideas, including for example, product ideas, scripts, stories, songs, or character ideas, episode ideas, screenplays, or artwork (collectively “Information”). With the exception of Interactive Content, as defined below, if despite the foregoing request, you send us Information, then by such action you agree you have waived any and all proprietary rights which you may have in such Information. We shall not be liable for, nor shall we be obligated to account to you for, any use or disclosure of any Information. With the exception of Interactive Content, we shall exclusively own all rights to the Information of every kind and nature throughout the world, shall be entitled to the unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and you, the person who submitted the Information shall not be owed any compensation from us. At our request and expense, you agree to execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Information around the world.
In order to make the Website and our social media accounts more interactive and enjoyable for our fans, we may occasionally ask users to submit videos, photographs and/or written text (“Interactive Content”) for placement on the Website and/or our social media accounts or elsewhere online, to share with other users and the general public. If you submit Interactive Content to us, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Interactive Content you submit, including but not limited to, the right to edit, display, distribute, and tag such Interactive Content, as well as the right to sublicense the Interactive Content to third parties, including other users, for use on other platforms. You represent and warrant that you own any such Interactive Content you submit, display, publish or post on the Website or otherwise provide to us, and otherwise have the right to grant the license set forth herein. You further represent and warrant that the displaying, publishing or posting of your Interactive Content, and our use thereof, does not and will not violate the privacy rights, personality rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website, please notify us at firstname.lastname@example.org. While we take no responsibility for any user or third-party who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, remove the content in question from our Website, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
Our Website and social media accounts (including for example our Instagram, Facebook, YouTube and Twitter accounts) may contain links to other websites that are not under our ownership or control. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which we link, or on websites that link to us. You access those links and corresponding sites at your own risk. By linking to a third party website or webpage, we do not guarantee the accuracy, completeness, or usefulness of any content provided therein, nor do we represent or imply that we endorses such website or webpage or any additional links. You are responsible for taking necessary precautions to protect yourself (and in the case of parent or legal guardian, the applicable child) from harmful or destructive content or computer viruses. We disclaim any responsibility for any harm resulting from your or your child’s use of third-party websites and webpages. In addition, it is your responsibility to review, understand and comply with the appropriate privacy policies and terms of service of such linked websites.
Governing Law and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any goods purchased from us, or otherwise govern our relationship with you.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
If any ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.
Waiver of Class Proceedings and Trial by Jury
To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our affiliated and related entities, our contractors, employees, shareholders, successors, assigns, officers and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
You can terminate your account with us at any time. To do so, please contact us by email or follow the links in your account.
We reserve the right to suspend your account or access to our Website at any time, with or without cause, and with or without notice.
The cancellation, suspension or termination of access to our Website, or your account, shall not terminate this agreement. Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this Agreement
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website, the transfer of control of Fresh TV Distribution Inc., or otherwise.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the course of using your account with us or using our Website, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors, social media login account providers, credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.