Terms and Conditions
Our name, Red Sky at Night Enterprises Inc.,www.redskyatnight.com and www.redskycf.com and Red Sky Clothing and Footwear, as well as page headers, custom graphics, buttons, images or other content on this web site are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by Red Sky at Night Enterprises Inc
This site, and any information or content on this web site, are provided "as is", with all faults, and Red Sky at Night Enterprises Inc makes no representations or warranties of any kind, whether express or implied with respect to this web site or content or information available on or through this web site. Red Sky at Night Enterprises Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Red Sky at Night Enterprises Inc does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
Except as otherwise provided under applicable laws, neither Red Sky at Night Enterprises Inc nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assignees of each, shall be liable for any damages whatsoever arising out of or related to the use of this web site or any other web site linked to this web site. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Red Sky at Night Enterprises Inc is notified in advance of the potential for any such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a product is mistakenly listed at an incorrect price, Red Sky at Night Enterprises Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Red Sky at Night Enterprises Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Red Sky at Night Enterprises Inc shall issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Red Sky at Night Enterprises Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Red Sky at Night Enterprises Incmay deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Red Sky at Night Enterprises Inc.
Your use of this site shall be governed in all respects by the laws of the province of British Columbia, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Red Sky at Night Enterprises Inc products) shall be in the provincial or federal courts located in Vancouver, BC. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Red Sky at Night Enterprises Inc products) must be commenced within one (1) year after the claim or cause of action arises. Red Sky at Night Enterprises Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Red Sky at Night Enterprises Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Red Sky at Night Enterprises Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Red Sky at Night Enterprises Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Red Sky at Night Enterprises Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Red Sky at Night Enterprises Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Red Sky at Night Enterprises Inc in its sole discretion.
You agree to indemnify, defend, and hold harmless Red Sky at Night Enterprises Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Red Sky at Night Enterprises Inc may link to sites operated by third parties. However, even if the third party is affiliated with Red Sky at Night Enterprises Inc, Red Sky at Night Enterprises Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Red Sky at Night Enterprises Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Red Sky at Night Enterprises Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).