To enjoy Octodancer Apparel Co.’s benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by filling out all required personal information). You may opt out of marketing and promotional emails. You may cancel your membership at any time by cancelling online on the Site. To complete registration, you shall provide an email address and a password. You may never use another user’s Octodancer Apparel Co. account without that user's permission. You are solely responsible for the activity on your account and must keep your account password secure. You must notify Octodancer Apparel Co. immediately of any security breach or unauthorized use of your account. Although Octodancer Apparel Co. will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of Octodancer Apparel Co. or others due to such unauthorized use.

Octodancer Apparel Co. may change, suspend or discontinue the Services, Products, fees, charges, and terms at any time, including the availability of any feature or content. Octodancer Apparel Co. may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability. You certify to Octodancer Apparel Co. that you are an individual (i.e., not a corporation) and you are at least 18 years of age. You also warrant that you are legally permitted to use the Service and take full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

Octodancer Apparel Co. reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of changes as modified. Suppose you do not agree to the revised terms. In that case, you may send Octodancer Apparel Co. a written notification via email (and your Octodancer Apparel Co. account will be deleted) or close your account within 30 days of notice.

Eligibility. You are only eligible to use the Platform if you are of legal age in your country or have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration. When you register for an account with us, the following restrictions apply:

Be True:  Provide accurate and current registration information.

Be You:  Keep your registration personal. Do not register for more than one OCTODANCER APPAREL CO. account, report an OCTODANCER APPAREL CO. account on behalf of someone else, or transfer your account.

Be Secure:  Keep your username, password, and other login credentials secure and do not allow anyone else to use your account. 

Be Responsible:  Inform OCTODANCER APPAREL CO. immediately of any unauthorized use of your OCTODANCER APPAREL CO. account. You are responsible for anything that happens through your OCTODANCER APPAREL CO. account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, OCTODANCER APPAREL CO IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY RESULTING FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

Except for User Content (defined below), all of the Content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other Content (“Content”) - is owned by Octodancer Apparel Co. (Octodancder) or others we license Content from, and is protected by copyright, trademark, patent and other laws. Octodancer reserves all rights not expressly described in these Terms.

All trademarks, service marks and trade names (e.g., the Octodancer name and the Octodancer dancing logo design) are owned, registered and licensed by Octodancer. You do not acquire a license or ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

To the extent Octodancer approves the download or use of Content comprised of copyrights or copyrightable works, Octodancer grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Octodancer makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Octodancer reserves the right to monitor your usage and to alter or revoke this license or your access to the Content at any time and for any reason. Octodancer reserves the right to take down any Content in violation of these terms or Octodancer’s intellectual property rights. Octodancer allowing you this limited use does not constitute a waiver of any of Octodancer’s rights to the Content.

Outside of the specific usage rights granted to you by Octodancer in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your User Content that you legally post on the Platform), without Octodancer’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and subject you to criminal or civil charges and penalties.

Warranties. Octodaincer is dedicated to making our Services the best they can be, but we’re not perfect, and sometimes things can go wrong. You understand that our Services are provided “as is” and without any warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that:

1. the Services will be secure or available at any particular time or location;
2. any errors which are Octodancer responsible will be corrected;
3. the Services will always be free of viruses or other harmful materials; or
4. The results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Octodancer nor our employees or directors shall be liable to you and your Customers for any lost profits or revenues or any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or this Agreement.

Violation of this Agreement or any other rules will result in the termination of your Octodancer account.

Octodancer and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Octodancer Services. Without limiting the preceding, Octodancer and its designees shall have the right to remove any Content. You agree that you must evaluate and bear all risks associated with using any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Octodancer or submitted to Octodancer, including, without limitation, information in Octodancer collaborations, posts and in all other parts of the Octodancer Services.

Without limiting other remedies, we may limit, suspend or terminate our Service and your account, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods. You are responsible for providing Octodancer with accurate information (including but not limited to your retail price if you are a Merchant). If you have provided Octodancer with inaccurate or false information, (a) you shall be liable to Octodancer for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, and (b) you shall reimburse such damages and losses (including but not limited to taxes) to Octodancer, and (c) Octodancer shall have the right to charge you for such damages and losses (including but not limited to taxes).

Octodancer may save your credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card unless you notify Octodancer through the Site. When you order a Product or use a Service that has a fee, you will be charged the current fees, which we may change from time to time (such as when we have holiday sales or offer you a discount on base product prices). We may temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing, and you will be charged as soon as you click on the "confirm" button. You will then receive an email from us.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. If you have used another person's card without their consent, you are personally liable for and shall reimburse damages resulting from the unauthorized use of that card.

In case of an unfounded chargeback, you shall reimburse Octodancer for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback).

We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, charges and applicable taxes associated with our Site and Services. After receiving your order, you will receive an email from us confirming the details, description, and price for the Products ordered, together with some information on your rights to return your goods. Payment of the total cost plus taxes and delivery must be made in full before your products are dispatched.

Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only over a certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. Octodancer, at its sole discretion, may change, suspend or discontinue these discounts at any time.

Aside from the limited circumstances set out below, you are responsible for all sales taxes, VAT, GST and other taxes and duties associated with the Products (if and as applicable).

Octodancer will collect the sales tax amount from you as the seller and pay this to the relevant tax authority.

Once you have clicked on the "confirm" button, it might be not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member's account for Products claimed as damaged or not received are subject to OCTODANCER APPAREL CO. investigation and discretion.

The goods will be imported on behalf of the consignee/buyer. The consignee authorizes OCTODANCER APPAREL CO. to import the goods on his behalf. Further, the consignee/buyer agrees OCTODANCER APPAREL CO. may delegate the obligation to import the goods on his behalf to a subcontractor (e.g., customs broker). The consignee will pay the taxes & duties also with the purchase price of the goods. 

The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case, OCTODANCER APPAREL CO. will not make any refunds and will not resend the Product.

OCTODANCER APPAREL CO. will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if OCTODANCER APPAREL CO. is at fault and (b) OCTODANCER APPAREL CO. receives a complaint within 30 days from the day the Product was delivered or within 30 days after the estimated delivery date, if the Product is missing.

While many parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.

We have a policy of continuous Product development, so we can provide you with what we consider the best design combined with the best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to look closely at the Product description and design.

We use our best efforts to provide you with the best images and descriptions but, unfortunately, cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might, in some cases, be approximate.

Sometimes during the manufacturing process, Products can be damaged. They won't be shipped out to you (your Customers); however, they can still be used for charitable purposes. Octodancer Apparel Co. reserves the right to donate all damaged items with full or partial designs to charity, and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.

Your order represents an offer to us to purchase a Product which we accept once we have sent you an email order confirmation. Any Products in the same order we have not confirmed in an order confirmation email do not form part of that contract.

Octodancer Apparel Co. (Octodancer) shall under no circumstances be held liable for any special losses due to specific circumstances of you and the Customer, indirect or consequential losses, or wasted expenditure.

Orders are placed and received exclusively via the Site. Before ordering from us, you are responsible for checking and determining your full ability to receive the Products. Correct delivery address and postal code/zip code, up-to-date telephone number, and email address are necessary to ensure the successful delivery of Products.

All information asked on the checkout page must be filled in precisely and accurately. Octodancer Apparel Co. will not be responsible for missed deliveries because of a wrong address or an inappropriate phone number. If you want to change the delivery address, phone number, or other special requirements, please get in touch with Octodancer Apparel Co.

We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price. They may vary depending on delivery location and sort of Products. Additional charges may be added to the order for remote or difficult-to-access areas that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional costs that apply to your delivery address.

Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer or be delivered much faster. All delivery estimates given when placing and confirming orders are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.

Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.

You release us (and our officers, directors, agents, affiliated companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Octodancer has no control over and does not guarantee the delivery of the advertised collaborations. Octodancer shall be released from any damages resulting from the failure to receive any benefits of anticipated cooperation.

If you use any of our trademarks for our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your trademarks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a way that disparages us or our information, products or services (including the Site).

You will indemnify and hold Octodancer (and its officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party (including your Customer) due to or arising out of your breach of this Agreement, your use (or misuse) of our Services, or your account’s infringement of someone else’s rights, or your violation of any law or the rights of a third party. We reserve the right to handle our legal defence. However, we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Governing Law. This Agreement (including any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims)) is governed by the laws of the Province of Alberta, Canada, without regard to its conflict of laws rules. These laws will apply no matter where you live or are located.

No agency, partnership, joint venture, employee-employer, the franchisor-franchisee relationship is intended or created by this Agreement.

You acknowledge that you have all necessary permits to grant us with Customer’s data to fulfill this Agreement.

If any provision of this Agreement is invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

Octodancer reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.