Website Terms & Conditions

  • Ownership of Site; Agreement to Terms of Use
    1. These Terms and Conditions (the “Terms of Use”) apply to the web site located at www.everyinch.com operated by BlackEnd Studio. (hereinafter referred to as “Everyinch.com”), (hereinafter referred to as the “Site”). The Site is the property of Everyinch.com and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. EVERYINCH.COM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.
    2. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, EVERYINCH.COM grants you a personal, non-exclusive, non-transferable, limited license to browse and use the Site.
    • Your Use of the Site
      1. You must be at least eighteen (18) years old to use the Site. You agree to notify us immediately if you reasonably suspect that another user of the Site is under the age of eighteen (18) years. If you decide to open an account to subscribe to features or services offered on or through the Site, you represent and warrant that you have never been convicted of an indictable offense or a felony, and that you are not required to register as a sex offender with any government entity.
      2. You agree not to use the Site for the purposes of (a) interacting in any way with another user of the Site who you reasonably suspect is under the age of eighteen (18) years, (b) engaging in advertising to, or solicitation of, other users of the Site to send money, buy or sell any products or services, (c) soliciting other users of the Site for prostitution or an escort service, (d)  initiating off-site contact with other users of the Site, (e) sending any chain letters to other users of the Site, or (f) sending spam or otherwise duplicative or unsolicited messages in violation of applicable laws.
      3. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. EVERYINCH.COM reserves the right to bar any such activity.
      4. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any EVERYINCH.COM server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of EVERYINCH.COM, including any EVERYINCH.COM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
      5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or EVERYINCH.COM’s systems or networks, or any systems or networks connected to the Site or to EVERYINCH.COM. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to EVERYINCH.COM on or through the Site or any service offered on or through the Site. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You shall not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of EVERYINCH.COM or others.
    • Accounts, Passwords and Security
      1. Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential.
      2. You agree to notify EVERYINCH.COM immediately of any unauthorized use of your account or password, or any other breach of security. You acknowledge and agree that you may be held liable for losses incurred by EVERYINCH.COM or any other user of or visitor to the Site due to someone else using your EVERYINCH.COM username, password or account as a result of your failing to keep your account information secure and confidential.
      3. You agree not use anyone else’s EVERYINCH.COM username, password or account at any time without the express permission and consent of the holder of that EVERYINCH.COM username, password or account. EVERYINCH.COM cannot and will not be liable for any losses or damages arising from your failure to comply with these obligations.
      4. You agree that all payments made on the Site are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you agree to promptly contact a customer service representative at [insert link or email address]. If you choose to purchase a subscription for a service on the Site, you agree that no refunds, either full or partial, will be issued for any reasons or for any unused or remaining subscription.
      5. If you select an automatic renewal option or checkbox during the payment process for a subscription, EVERYINCH.COM will automatically renew your subscription for the service on the date such subscriptions expire. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log into the Site and follow the directions contained on the “Account Settings” page.
    • Content
      1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to EVERYINCH.COM, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without EVERYINCH.COM’s express prior written consent.
      2. You acknowledge and agree that EVERYINCH.COM does not review or pre-screen the contents of electronic data uploaded or posted to the Site by you (“Your Content”), and EVERYINCH.COM claims no intellectual property rights with respect to Your Content. You represent and warrant that (a) none of Your Content shall violate any applicable law or be offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful, (b) none of Your Content posted to the Site shall contain any nudity, or partial nudity with sexual implications, and (c) you own or otherwise control all of the rights to Your Content and that use of Your Content by other users of the Site will not infringe upon or violate the rights of any third party.
      3. EVERYINCH.COM supports copyrights and we take all allegations of copyright violation very seriously. To that end, if you believe that any content made available on the Site in violation of your intellectual property rights, you are encouraged to notify us immediately.  
      4. EVERYINCH.COM reserves the right to remove any of Your Content that in its sole opinion violates, or may violate these Terms of Use, or upon the request of any third party.
    • Subscriptions to Services; Other Terms and Conditions

    Additional terms and conditions may apply to subscriptions for services and specific portions or features of the Site, including contests, promotions or other similar features, all of which terms shall each form an integral part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. EVERYINCH.COM’s obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. EVERYINCH.COM may make changes to any such services offered on the Site, or to the applicable subscription prices for such services, at any time, without notice.

    • Privacy

    EVERYINCH.COM’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view EVERYINCH.COM’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

    • Links to Other Sites

    This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under EVERYINCH.COM’s control, and EVERYINCH.COM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

    • Disclaimers

    EVERYINCH.COM DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EVERYINCH.COM CANNOT WARRANT THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EVERYINCH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERYINCH.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EVERYINCH.COM SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION AND OPINIONS EXPRESSED IN THIRD PARTY FEEDBACK OR COMMENTS PUBLISHED TO THE SITE, IF ANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EVERYINCH.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. EVERYINCH.COM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

    • Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVERYINCH.COM, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF EVERYINCH.COM BE HELD LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THE SITE OR WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF EVERYINCH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, EVERYINCH.COM is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, EVERYINCH.COM’s sole liability to you shall in no event exceed the greater of (a) the total amount of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six (6) months prior to the date of the initial claim made against EVERYINCH.COM, or (b) or One Hundred Canadian Dollars ($100.00 CAD). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

    • Indemnity

    You agree to indemnify and hold EVERYINCH.COM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal expenses), made against EVERYINCH.COM by any third party due to or arising out of or in connection with your use of the Site.

    • Violation of These Terms of Use
      1. EVERYINCH.COM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) EVERYINCH.COM’s rights or property, or the rights or property of visitors to or users of the Site, including EVERYINCH.COM’s customers. EVERYINCH.COM reserves the right at all times to disclose any information that EVERYINCH.COM deems necessary to comply with any applicable law, regulation, legal process or governmental request. EVERYINCH.COM also may disclose your information when EVERYINCH.COM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
      2. You acknowledge and agree that EVERYINCH.COM may preserve any transmittal or communication by you with EVERYINCH.COM through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or EVERYINCH.COM determines that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of EVERYINCH.COM, its employees, users of or visitors to the Site, and the public.
      3. You agree that EVERYINCH.COM may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to EVERYINCH.COM, for which monetary damages would be inadequate, and you consent to EVERYINCH.COM obtaining any injunctive or equitable relief that EVERYINCH.COM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies EVERYINCH.COM may have at law or in equity.
      4. You agree that EVERYINCH.COM may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes but is not limited to: (a) requests by law enforcement or other government agencies, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification of the Site or any service offered on or through the Site, or (d) unexpected technical issues or problems. If EVERYINCH.COM does take any legal action against you as a result of your violation of these Terms of Use, EVERYINCH.COM will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to EVERYINCH.COM. You agree that EVERYINCH.COM will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
    • Governing Law; Dispute Resolution
      1. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflicts of laws provisions. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal expenses. In the event of any controversy or dispute between EVERYINCH.COM and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
      2. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator will be appointed by agreement between the parties or, in default of agreement, such arbitrator will be appointed by an Ontario Judge of The Superior Court of Justice upon application of any of the said parties. A Judge of The Superior Court of Ontario shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Ottawa, Ontario. The procedure to be followed will be agreed by the parties or, in default of agreement, determined by the arbitrator. The arbitration will proceed in accordance with the provisions of Arbitration Act, 1991 (Ontario). The arbitrator will have the power to proceed with the arbitration and to deliver the award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Nothing in this section will prevent either party from seeking injunctive relief from a court of competent jurisdiction.
    • Void Where Prohibited

    EVERYINCH.COM reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited. If you choose to access the Site from outside of Canada, you do agree to so on your own initiative, and you are solely responsible for complying with applicable local laws.

    • Miscellaneous

    You shall not use or export or re-export any Content or any copy or adaptation of such Content, or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and EVERYINCH.COM with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and EVERYINCH.COM with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with EVERYINCH.COM, EVERYINCH.COM will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. EVERYINCH.COM’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by EVERYINCH.COM of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between EVERYINCH.COM and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

    • Feedback and Information

    Any feedback you provide at this site shall be deemed to be non-confidential. EVERYINCH.COM shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.

    Version 1.01 – March 2016