Terms of service

TERMS AND CONDITIONS

Terms and Conditions for Use of Website

These terms and conditions (“Terms and Conditions”) set forth the terms and conditions that apply to

the use by you of the website (the “Site”) of Lost Craft Inc. (“Lost Craft”, “we” or “us”). Lost Craft may

change these Terms and Conditions from time to time, at Lost Craft’s sole discretion, so we encourage

you to check for updates when you visit this Site. By using this Site you are agreeing to these Terms and

Conditions.

General Terms

Use of the Site is restricted to personal use and to make online purchases from Lost Craft. You shall not

use this Site for any other purpose.

These Terms and Conditions will continue as an agreement (the “Agreement”) between you and Lost

Craft until terminated by us, which we may do for any reason without notice to you. The restrictions we

have imposed upon you regarding copying or downloading information, and any disclaimers, limitations

or liabilities expressed in these Terms and Conditions will survive the termination of this Agreement.

These Terms and Conditions stated herein, the Terms and Conditions of Purchase and Sale and our

supersede all prior or concurrent communications and proposals, in any form, between you and Lost

Craft. No other terms or conditions apply. We may change or add to these Terms and Conditions from

time to time, without notice to you, so we encourage you to review these Terms and Conditions from time

to time and in any event each time you visit the Site.

You agree not to introduce into or through this Site any information, content or materials which may be

harmful or offensive to others. Among other things, you agree not to include, knowingly or otherwise,

any error or defect in material or information which may, among other things, constitute libel, slander,

defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on

the part of any person or entity.

Intellectual Property

Lost Craft owns (or has the right to use) all Content on this Site and all intellectual property rights therein,

and all such Content is protected under copyright law. Content protected by copyright laws includes, but

is not limited to, audio and video clips, designs, images, illustrations, photographs (collectively,

“Content”). Any use of the Content on this Site in whole or in part, including but not limited to adapting,

displaying, distributing, publishing, copying, posting, uploading, storing in a retrieval system,

transmitting, converting, copying or issuing copies, lending or reproducing the Content in any other form

or by any other means whatsoever, whether electronic or otherwise, and including making the same

available to or via the internet or wireless technology or authorizing any of the foregoing without the prior

written consent of Lost Craft, is strictly prohibited.

You agree that if you upload any content to our Site, including text, commentary, images, photos, videos,

music and/or recordings, you are deemed to have granted to Lost Craft and its Affiliates (as defined

below) a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and

permission, but not the obligation, to utilize, distribute, publish, exhibit, digitize, broadcast, display,

reproduce, prepare derivative works of, and otherwise exploit such uploaded content in any and all

manner and media throughout the world and in perpetuity in connection with the promotion, contest or

event to which such upload relates (and you agree to provide such releases and waivers as are associated

with such promotion, contest or event), and any other uses deemed by Lost Craft in its sole discretion to

be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand

that any such media may be edited in the sole discretion of Lost Craft.

Lost Craft and its brands (being “LOST CRAFT”, “L C AND X DESIGN”, “4 THE 6”, “REVIVALE”,

“CRIMZEN”, “SIRIUS”, “FIND YOUR CRAFT”, and “THINK GLOBAL, DRINK LOCAL”, and any

future affiliated or related companies and brands) (collectively, “Affiliates”) trademarks and design

marks (collectively, the "Lost Craft Marks"), are trademarks or registered trademarks of Lost Craft Inc.

and/or its Affiliates, and the exclusive property thereof. All other product, brand and company names and

logos used, displayed or referenced on this Site may be the trademarks or registered trademarks of their

respective owners. Any use of any trademarks, including the Lost Craft Marks, appearing on this Site

without the express written consent of the owner of the trademark is strictly prohibited.

Disclaimer

THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR

CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOST CRAFT SPECIFICALLY

DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT

LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE CONTENT OF THE SITE (INCLUDING ANY

INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT

ACCESSED FROM OR THROUGH THE SITE) WILL BE ACCURATE, UNINTERRUPTED OR

FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT

VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH

IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR

USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES

WILL LOST CRAFT, ITS AFFILIATED COMPANIES OR BRANDS (“LOST CRAFT”, “L C AND X

DESIGN”, “4 THE 6”, “REVIVALE”, “CRIMZEN”, “SIRIUS”, “FIND YOUR CRAFT”, AND “THINK

GLOBAL, DRINK LOCAL”, AND ANY FUTURE AFFILIATED OR RELATED COMPANIES AND

BRANDS OF LOST CRAFT INC.), EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES

INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY

CONNECTED TO THE USE OF THE SITE, THE MATERIALS OR CONTENT ON THE SITE, A

DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH

THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Indemnity

By using the Site, you agree to indemnify and hold Lost Craft (including its officers, directors, agents,

Affiliates, employees, representatives and third party service providers) harmless from any and all claims,

demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and

unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with

your use of the Site, including but not limited to any violation by you of the Terms and Conditions, any

law or the rights of any third party.

Anti-Spam

We do not use this Site to disseminate unsolicited commercial electronic messages (“spam”). E-mail

messages sent in connection with this Site will contain an “unsubscribe” or “opt-out” link. You

acknowledge and agree that you will not hide, disable or remove any opt-out or unsubscribe link from any

e-mail. You shall not use this Site to disseminate any unsolicited commercial electronic messages.

Our links to other sites

Our Site may offer links to other websites for your information and convenience. If you use one of these

links you will leave our Site, our Privacy Policy and Terms and Conditions do not apply to those sites that

are linked to this Site. Other websites have their own terms of use and privacy and security policies. Lost

Craft is not responsible for and expressly disclaims any responsibility or liability associated with your use

of any such other websites. If you choose to visit one of these websites, you should review the policies

that govern that particular website.

In addition, our Site may include Content that is streamed by our Site but hosted or made available by

third parties. Lost Craft is not responsible for, and expressly disclaims any responsibility or liability

associated with, your use of any such Content. If you choose to view such streamed Content, you should

review the policies that govern such Content. Social media associated with our Site are addressed in our

Social Media Policy: online at http://[add] [Note to draft – Lost Craft currently does not have

Customer Service or Social Media Policy; recommended.]

Governing Law

This Site is controlled and operated by Lost Craft from Toronto, Ontario, Canada. You agree that your use

of the Site is governed by the laws of the Province of Ontario, Canada without giving effect to any

principles of conflict of law. You agree that any dispute, difference, controversy or claim between us or

by either of us against the other or the employees, agents, mandataries, officers, directors, successors,

assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present

terms, this Site, any use of this Site and any transaction conducted on or from it (whether contractual or

extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-

existing, present or future), including any question regarding negotiation, formation, existence, validity,

performance, effects, interpretation, breach, resolution or annulment and further including the

applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in

Ontario, Canada.

We have made all reasonable attempts to comply with all legal requirements known to us in creating and

maintaining the Site, but make no representation that any materials or Content on the Site are necessarily

acceptable, appropriate or available in any jurisdiction. If you choose to access the Site from any location

other than Canada or the United States of America you do so of your own volition and you are solely

responsible for complying with any applicable local laws. If any part of these Terms and Conditions are

invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable

provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or

enforceability of any remaining provisions.

Injunctive Relief and Provisional Relief

Lost Craft shall have the right to seek and obtain any injunctive, provisional or interim relief from any

court of competent jurisdiction to protect its trade-mark or other intellectual property rights or

confidential information.

TERMS AND CONDITIONS OF PURCHASE AND SALE

These Terms and Conditions of Purchase and Sale (“Agreement”) sets forth the terms and conditions that

apply to the purchase of products, content and/or services (the “Products”) from Lost Craft (“Lost

Craft”) using the Lost Craft website (the “Site”). Lost Craft may change these terms and conditions from

time to time, so we encourage you to review it periodically and to check for updates each time you make

a purchase or are shopping on-line.

The terms “you” and “your” refer to the purchaser of Products using the Site.

PLEASE READ THIS AGREEMENT CAREFULLY! BY USING THIS SITE TO MAKE ON-LINE

PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND

CONDITIONS SET FORTH IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF

LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS

AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND

OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

THIS AGREEMENT ALSO CONTAINS A GOVERNING LAW AND INJUNCTIVE RELIEF

CLAUSE. AS FURTHER DISCUSSED BELOW, EXCEPT AS EXPRESSLY PROVIDED FOR IN

THIS AGREEMENT, LOST CRAFT DOES NOT MAKE OR GIVE ANY REPRESENTATION OR

WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM THIS SITE

AND LOST CRAFT’S LIABILITY IS LIMITED AS PROVIDED HEREIN.

Sales in Canada and the United States Only

Lost Craft sells and ships its merchandise ordered through this Site only within Canada [and the United

States of America]. We will only ship to a Canadian [or USA address].

We reserve the right to refuse an order if the particulars of the order and payment requirements do not

satisfy our purchase and delivery conditions.

Price, Payment and Shipping

Price

All prices quoted are payable in Canadian Dollars. Taxes, shipping and duty are extra depending on the

delivery address and are displayed during check-out and in the Order Confirmation; but please note that

duty amounts are estimates only and additional customs and duty charges may be exigible upon delivery.

LOST CRAFT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATING TO ANY SUCH

EXTRA CUSTOMS AND DUTY CHARGES. Although Lost Craft strives to provide accurate product

and pricing information, errors may occur. Lost Craft reserves the right to correct any errors in pricing or

product information and to modify the prices of Products, at any time, without prior notice. Lost Craft

cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the

generality of the provisions above, in the event that the price or related information for a Product (as

described on the Site and/or the Order Confirmation) is incorrect due to an error in pricing or product

information, Lost Craft may, at its sole discretion, refuse or cancel your order, whether before or after

Lost Craft’s acceptance thereof. If there is such an error in pricing, Lost Craft will cancel your order and

reverse any charges that have been applied, then contact you to ask you to place a new order for the

Product at the correct price.

Payment Method

Lost Craft accepts American Express, MasterCard, and Visa for payment of purchases made through this

Site. The cardholder must be the person who places the order.

When we receive your order, we will verify your billing address to ensure that it matches the address

which you have provided to us. Lost Craft does not retain your credit card number following

authorization by the financial institution issuing the credit card. We do retain the authorization number for

the transaction in case you wish to return the purchase for a credit.

Credit Card Security

We value your security and privacy with all online transactions. We use Secure Sockets Layer (“SSL”)

technology to protect the security of your credit card information as it is transmitted to us. SSL is the

industry standard for secure commerce transactions. It prevents your personal information from being

read by someone else as it travels across the Internet. All of your personal information is encrypted,

including credit card number, name and address. Nevertheless, there are certain risks associated with

using the Internet. Please see the disclaimer below. Additionally, while we implement the above security

measures on this site, you should be aware that 100% security is not always possible.

Consent to Use of Electronic Documents

You hereby consent to the exchange of information and documents between you and Lost Craft over the

Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s)

accepted by Lost Craft as indicated below) in electronic form shall be the equivalent of an original written

paper agreement between us. You further agree that all agreements, notices, disclosures and other

communications that we provide to you electronically satisfy any legal requirement that such

communications be in writing.

Product Availability

The availability of certain Products may be limited, and Products may not be available for immediate

delivery. Lost Craft may revise or cease to make available any Products at any time without prior notice.

In the event that Lost Craft is unable to deliver you a Product ordered due to lack of availability, Lost

Craft will notify you via e-mail and your order will be automatically cancelled with respect to such

unavailable Product, provided that Lost Craft may, in its sole discretion, contact you in order to allow you

to maintain your order subject to a revised delivery time if and when the Product becomes available.

Ownership; Risk of Loss

All Product(s) purchased from Lost Craft are delivered to you by a third party delivery company such as

Canada Post [or Federal Express], pursuant to a shipping contract. You shall become the owner of the

Product(s) and shall assume the risks of loss at the time of delivery by Lost Craft of the Product(s) to the

third party delivery company. The shipment of such Products shall be governed by the third party delivery

company’s shipping terms and conditions and any insurance that such company may have in respect of

such shipment. LOST CRAFT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED

WITH ANY DAMAGE TO THE PRODUCT DURING SHIPMENT OR ANY FAILURE OF THE

THIRD PARTY DELIVERY COMPANY TO DELIVER SUCH PRODUCT OR ANY DELAY IN

SUCH DELIVERY.

Returns

All Product returns are subject to the Lost Craft Returns Policy, the terms of which are incorporated

herein by reference. Some restrictions may apply.

Personal Information and Credit Card Information

Lost Craft collects, stores, uses and discloses your personal information and credit card information in

order to process your purchase and for delivery of the Products to you. Your personal information is

collected, stored, used and disclosed in accordance with our Privacy Policy.

While we use reasonable efforts to protect your personal information as more particularly set out in our

Please keep this in mind when providing information through the Site. We cannot be responsible for

Internet fraud or theft.

Exclusion of Warranties and Limitation of Liability

IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT

BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION

DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW.

PLEASE READ THIS ENTIRE SECTION CAREFULLY. CERTAIN FEDERAL, STATE OR

PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,

SOME OR ALL OF THE FOLLOWING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY

NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE FOLLOWING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS DO NOT APPLY TO

RESIDENTS OF QUEBEC.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, LOST CRAFT DOES NOT

MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND,

WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT

LIMITATION WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE

TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE,

DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR

PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL LOST CRAFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO,

ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF

FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA,

PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE

PRODUCTS PROVIDED BY LOST CRAFT OR OTHERWISE RELATED TO THIS AGREEMENT

OR THE TRANSACTIONS CONDUCTED ON OR FROM THE SITE, EVEN IF LOST CRAFT OR

ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL

LOST CRAFT’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER

(INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS

NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE

SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM

RELATES. IN NO EVENT WILL LOST CRAFT BE LIABLE TO YOU FOR DAMAGES OR LOSSES

RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING

AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS

SERVICE PROVIDERS, LOST CRAFT’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-

PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU,

OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR

OTHER EVENTS BEYOND THE REASONABLE CONTROL OF LOST CRAFT.

For the purposes of this Agreement, “Lost Craft” shall include Lost Craft’s affiliated and related

companies and brands (being “LOST CRAFT”, “L C AND X DESIGN”, “4 THE 6”, “REVIVALE”,

“CRIMZEN”, “SIRIUS”, “FIND YOUR CRAFT”, and “THINK GLOBAL, DRINK LOCAL”, and any

future affiliated companies and brands) (collectively, “Affiliates”) and Lost Craft’s and its Affiliates’

respective directors, officers, employees, agents, mandataries and contractors.