Terms of Use for www.silkshosiery.com

This is a legal agreement. By accessing this web site or using any service provided herein, “You” accept and agree to be bound by all the terms and conditions of this agreement. Please read this entire agreement carefully before accepting its terms.

Phantom Industries Inc. (“Phantom”) the parent company for Silks® brand hosiery, reserves the right to change these terms of use from time to time at its sole discretion. “Your” use of the site will be subject to the most current version of the terms of use at the time of “Your” use of the site.

If “You” breach any of the terms of use, “Your” license to use this site automatically terminates, and any materials downloaded or printed from the site in violation of the terms of use must be immediately destroyed.

Parties. The parties to this Agreement are “You”, a visitor to this web site (“You”), and the owner and operator of this web site: Phantom Industries Inc., a Toronto corporation. All references to "us", "this web site" or "this site" shall be construed to mean Phantom Industries Inc.

License. Phantom grants a non-exclusive, non-transferable, and revocable license to “You” and provides the services available at this site to “You” subject to the following terms and conditions.

Entire Agreement. This Terms of Use Agreement will be expressly incorporated by reference in each and every agreement between “You” and Phantom, and except for any separate license agreement for software and/or content, this terms of use agreement supersedes any and all prior and existing agreements, whether oral or in writing, between “You” and Phantom with respect to the subjects addressed herein and constitutes the entire agreement between the parties with respect to those subjects. Except for any separate license agreement for software and/or content, “You” acknowledge that neither Phantom nor anyone on Phantom’s behalf has made any representations, inducements, promises or agreements, orally or otherwise, to “You” relating to the subjects addressed by this terms of use agreement that are not embodied herein.

Prohibited Conduct. “You” agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Phantom’s infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent “Your” affiliation with a person or entity. “You” agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.

Compliance with Laws. “You” shall comply with all applicable laws and regulations of Canada and foreign authorities (including, but not limited to Canadian trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from Canada through the services available at this site.

Separate License Agreement(s). “You” may acquire software and/or content from Phantom by download from this site, or otherwise directly from Phantom. “You” agree that “Your” use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).

Registration Data and Privacy. Registration may be required for “You” to download from this site, or for “Your” participation in certain services offered at this site. “You” must provide certain current, complete, and accurate information about “You” as prompted to do so by the registration form ("Registration Data"), and maintain and update such registration information as required to keep such information current, complete and accurate. “You” warrant that “Your” Registration Data is accurate and current, and that “You” are authorized to provide such Registration Data. “You” authorize us to verify “Your” Registration Data at any time. If any Registration Data that “You” provide is untrue, inaccurate, not current or incomplete, Phantom retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about “You” is subject to our Privacy Policy which may be accessed from the Willowprint.com home page. Solely to enable Phantom to use information “You” supply us internally, so that we are not violating any rights “You” might have in that information, “You” grant to Phantom a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by Phantom’s computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by Phantom in each case by any method or means or in any medium whether now known or hereafter devised.

Registration by children under the age of 18 is not permitted. Registration is not available to children under the age of 18. If a user under the age of 18 attempts to register with silkshosiery.ca we shall notify the user that he or she is not eligible, and we shall not collect or use any personal information from such child.

Copyrights. The copyright in all material provided on this site is owned by Phantom.  “You” acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. “You” further acknowledge and agree that information presented to “You” through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of Phantom or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Phantom does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Phantom or the copyright owner. However, “You” may print a copy of the information on this site for “Your” personal, non-commercial internal use or records. In so doing, “You” may not modify the materials and “You” agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give “You” any ownership rights in the information and terminates automatically if “You” breach any of these terms or conditions. If “You” make any other use of this site, except as otherwise provided herein, “You” may violate copyright and other laws of Canada, other countries, as well as applicable provincial laws and may be subject to penalties.

Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of Phantom and others. Nothing on this site should be construed as granting, by implication, Phantom, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. Phantom aggressively enforces its intellectual property rights to the fullest extent of the law. Phantom prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any Phantom site unless establishment of such a link is approved in advance by Phantom in writing. If “You” have any questions regarding any trademarks on the site, please contact Phantom.

Links. This site may provide links to other Internet sites. Phantom is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external web sites do not constitute an endorsement by Phantom of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, Phantom reserves the right to terminate any link or linking program at any time. Phantom does not author, edit, or monitor these unofficial pages or links. “You” further acknowledge and agree that Phantom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If “You” decide to access any of the third party sites linked to this site, “You” do this entirely at “Your” own risk.

Participation in Promotions Of Advertisers. “You” may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site ("Advertisers"). “You” acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between “You” and Advertiser. www.silkshosiery.com  shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.

Monitoring. “You” acknowledge that Phantom or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. Phantom, in its sole discretion and without further notice to “You”, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which Phantom deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.

No Warranties. This site and all information contained on this site, and except to the extent expressly provided in a license agreement for software or content, all goods and services obtained through this site, are provided on an "as is" basis from Phantom and its information providers, Phantom and its affiliates and content providers make no representations or warranties of any kind, express or implied, relating to this agreement, the performance under this agreement, the services available on this site, the operation of the software available on this site, the transactions performed on this site, or the information, content, materials and/or products included on this site. To the fullest extent permissible by applicable law, each of Phantom and Phantom’s affiliates and content providers disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and/or non-infringement., “You” assume the entire risk of selection and use of the content available at this site. Without limiting the foregoing, none of Phantom or Phantom’s affiliates or content providers makes any warranty that (i) the goods or services offered on this site will meet “Your” requirements, (ii) the goods or services offered on this site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the goods or services will be accurate or reliable, (iv) the content or information available on this site is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by “You” through the services will meet “Your” expectations. No advice or information, whether oral or written, obtained by “You” from Phantom or through this site shall create any warranty not expressly made herein.

Limited Liability. Phantom and content providers and their respective shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or other indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred, and notwithstanding any failure of essential purpose of any limited remedy. This exclusion includes any liability that may arise out of third-party claims against “You”. “You” agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the goods or services provided on this site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. “You” further agree if “You” become entitled to any recovery, that “Your” recovery shall be limited to the amount of fees or payments made to Phantom, if any, for the service, software or content at issue.

Indemnity. “You” shall indemnify, defend, and hold harmless Phantom and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assignees, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) “Your” use of the software available at or downloaded from this site, (ii) “Your” failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, (iii) “Your” use of the content available on this site in any way contrary to this agreement (iv) “Your” breach of any of “Your” representations, warranties or obligations set forth in this agreement, (v) the sale, purchase, transportation, delivery, use or disposal of any Phantom service, product, or download associated with this site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by “Your” use of this site or any service, product, or download associated with this site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), and (vi) any taxes attributable to the relating to any service, product, or download associated with this site.

Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this agreement are for the benefit of Phantom and Phantom’s content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.

Termination. “You” agree that Phantom may, at its sole discretion, deny “You” access to the site and disable any user name and password associated with “You” for any reason, including, without limitation, if Phantom believes that “You” have violated or acted inconsistently with the letter or spirit of this agreement. Phantom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. “You” agree that Phantom shall not be liable to “You” or to any third party for any modification, suspension or discontinuance of the services offered under this site.

Consumer Rights. Phantom maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with the Province of Ontario, Canada. All correspondence should be addressed Phantom’s agent for notice at the following address: Phantom Industries Inc., 207 Weston Road, Toronto, Ontario, Canada M6N 4Z3  or email us at:  silks@phantom.ca. “You” may contact Phantom with complaints and inquiries regarding pricing and Phantom will investigate those matters and respond to the inquiries.

Controlling Law. This Agreement shall be construed under the laws of the Province of Ontario, Canada, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Jurisdiction and Venue. “You” and Phantom agree to submit to the exclusive personal jurisdiction of the courts of Ontario, Canada in all legal proceedings arising under this Agreement.