Terms & Conditions
Terms & Conditions
HYDES DISTRIBUTION GENERAL TERMS OF USAGE
IMPORTANT! PLEASE READ CAREFULLY
These General Terms of Usage, including the Privacy Policy, Copyright Notice, Trademark Statement, Request For Reproduction Permissions, and General Terms of Service (located below), together hereafter the “Terms”, constitute a legal agreement between you and HYDES DISTRIBUTION (hereafter HYDES) and spell out the terms and conditions to which users of HYDES websites are required to adhere. The HYDES sites include: Zippo.ca and any other site in which these Terms appear (collectively, referred to herein as “HYDES sites”, “Sites”, “we” or “us”). It does not apply to affiliated websites, products, or services.
The Sites are operated by HYDES in whole or in part, from Canada by it and its affiliates. By accessing or using the Sites, services, or the mobile versions of any Site, you signify that you have read, understand and agree to be bound by these Terms and any other applicable law, whether or not you are a registered user of HYDES. HYDES may change these Terms at any time without notice, effective upon its posting to this website. You agree to review these Terms regularly to make yourself aware of any changes. Your continued use of the websites shall be considered your acceptance to the revised Terms. If you do not agree to these Terms, please do not use this website.
By using a Site, you agree to be bound by the terms set forth herein and any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these Terms of Usage (Terms). If you do not agree with or do not wish to be bound by all of the Terms, do not use any of the Sites. We reserve the right to amend these Terms at any time. Amended Terms will be posted on this website. Your continued use of any Site following the posting of changes to these Terms means you accept the changes.
POLICY
Zippo and Case products are produced with quality and integrity. If you feel the need to return or exchange an item you have purchased on this website based on the guidelines below, we will gladly process your return within 30 days from the order ship date.
Merchandise damaged by abuse, misuse, normal wear and tear, or lack of reasonable care is not covered by the manufacturer’s warranty and cannot be returned at any time after purchase.
If you purchased your Zippo or Case product from an authorized Zippo or Case retailer, contact that retailer for details of their return policy. HYDES does not accept returns for merchandise purchased through retail locations.
Merchandise returned for credit must be in new, unused condition. To return product for credit or exchange, include a copy of your packing slip included in your shipment and the reason for your return. If you do not have your original packing slip, include your order number, name, address, phone, and email so we may contact you with any issues that may arise or use this form and mailing label.
Pack your return and send to:
Hydes Distribution
Zippo.ca Return
6868 Kinsmen Crt.
P.O. Box 1014
Niagara Falls, ON
L2E 6V9
Exchanges are subject to availability. A refund will be processed if the product is unavailable.
INTERNATIONAL USERS
This website is operated, in whole or in part, from Canada. By using any of HYDES websites, regardless of where you live in the world, you consent to have any personal data you submit to any Site transferred to and processed in Canada. HYDES does not collect or use personally identifiable information from persons located outside Canada. HYDES does not ship products to consumers located in any foreign country. HYDES reserves the right to refuse shipment of any product for any reason or no reason.
HYDES respects the privacy concerns of its customers and users of its Sites and has created this privacy statement to explain how we use and protect your personal information. We take reasonable efforts to protect any information you give us. The Privacy Policy is incorporated here by reference.
CONTENTS:
1. HYDES SITES CONTENT AND USER SUBMISSIONS
2. USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS
3. TERMS FOR THE ONLINE STORE
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
5. LIMITATION OF LIABILITY
6. SYSTEM INTEGRITY
7. TERMINATION OF USE
8. LEGAL STATEMENT
9. COPYRIGHT NOTICE
10. TRADEMARK NOTICE
1. HYDES SITES CONTENT AND USER SUBMISSIONS
1.1 The contents of the HYDES Sites are intended for the personal use of its users. All materials published on the Sites (including, but not limited to information, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by HYDES or the party credited as the provider of such Content, software or other materials. You must abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Sites.
1.2. The Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials of any Site in whole or in part.
1.3 Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from HYDES, or the copyright holder identified in the individual Content’s proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
1.4 By using any Site you agree that any information, feedback, questions, comments and/or submissions to us, the Sites, (as discussed below) or the like (not including “Personal Information” discussed above in the Privacy Policy) that you provide to us in connection with any Site (“Submission”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligation of any kind with respect to any Submission and shall be free to reproduce, use, disclose and/or distribute any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all ownership or moral rights you may have in any materials uploaded or sent to us by you.
1.5 To enable HYDES to use the information you supply to us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in your information, in any media now known or not currently known, with respect to your information. HYDES will only use your information in accordance with our Privacy Policy.
1.6 If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our General Counsel with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The email address is support@zippo.ca
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
HYDES DISTRIBUTION Attention: General Counsel 6868 Kinsmen Crt. P.O. Box 1014 Niagara Falls, ON L2E 6V9 Fax (905) 358-9419 Telephone: (905) 358-3674 support@zippo.ca
2 .USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS
2.1 The Sites may make available product reviews and surveys. You shall not upload to, or distribute or otherwise publish in those sections through any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use good judgment and be respectful of other individuals using the product reviews and surveys. You agree not to use vulgar, abusive or hateful language. Product reviews and surveys within the Site are provided to give our users interesting and helpful information in which they may express opinions and share ideas concerning HYDES products and related matters. HYDES does not endorse the opinions placed in these product reviews and surveys.
2.2 The product reviews shall be used by you only in a noncommercial manner. You shall not, without the express approval of HYDES, use the product reviews to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services or to promote websites or online services that are competitive with HYDES and the Service.
2.3 While we do not and cannot review every message posted by users in the Product Reviews and are not responsible for the content of any of these messages, HYDES reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. HYDES reserves the right to revoke a user’s Site privileges and access at any time for any reason or no reason.
General Rules for User-Generated Content
2.4 Guests of HYDES Sites are solely responsible for the content of messages they post in any Forum, blog, social media site or consumer review. Users should be aware that when they voluntarily disclose personal information (e.g., user name, email address, phone number) in the previously mentioned content pages and any social network pages where HYDES hosts a page or space like Facebook, Twitter, etc, that information can be collected and used by others for any reason.
2.5 Content is Not Prescreened
HYDES does not guarantee to prescreen User Generated Content. HYDES does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. HYDES is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Even in the event HYDES chooses to monitor any User Generated Content, HYDES assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. HYDES reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
2.6 Eligibility and Registration
To post User Generated Content like product reviews and to customize your own product in the online store pages, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the website. This website is intended solely for users who are eighteen (18) years of age or older and it is a violation of these Terms of Use for anyone under 18 to register for the website. You represent and warrant that you are 18 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
2.7 HYDES’s Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to HYDES a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
3.TERMS FOR THE ONLINE STORE
3.1 In addition to the provisions contained in these Terms, the following terms apply specifically to the online store, currently located at www.Zippo.ca
• By placing an order, you certify that you are able to pay for the item(s) in your order.
• By placing an order on Zippo.ca (or any other online store operated by HYDES, hereafter referred to as “Zippo.ca”) you agree to be bound by the conditions of sale included in the item’s description (including, without limitation, payment method and acceptable ship-to address).
• If you place an order for flame products on Zippo.ca you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
• You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the online store and your purchase of items.
• You are responsible for the accuracy of any purchase placed online.
• We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
• Due to Hazardous Goods regulations, we may not be able to ship certain merchandise to your address. For instance, we can only ship Multi-Purpose Lighters and other hazardous products by ground. HYDES reserves the right to refuse shipment of any product for any reason or no reason.
• HYDES does not ship products to any consumer in any foreign country.
• We reserve the right to add and/or remove products on Zippo.ca, for any reason, at any time.
• We reserve the right to limit quantities of items sold.
• You may not transfer or sell your User ID or account to another party.
• Unless otherwise stated, all prices are quoted in Canadian Dollars.
Products available from any Site may be advertised on third party shopping websites. HYDES is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on any Site, including, but not limited to pricing information. In the event that a difference exists, information found the Site shall govern.
All purchases from any Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 A Site may contain links to other internet sites. Your selection of a link will redirect you off of the HYDES Site to a third party website. Interactions that occur between you and the third party website are strictly between you and such third party website and are not the responsibility of HYDES. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these linked sites. HYDES does not assume any liability or responsibility for the actions, product, availability or content of these outside websites. You should direct any concerns regarding any externally linked website to the administrator or webmaster of the third party website.
5. LIMITATION OF LIABILITY
5.1 NEITHER HYDES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE
OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, OR ANY OF THE MATERIALS PROVIDED BY HYDES OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTION
OF USE, DELETIONS OF FILES, ERRORS OR DEFECTS IN THE USERS SYSTEM, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF HYDES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER
APPLICABLE LAW.
5.2 To the fullest extent permissible under applicable law, HYDES DISTRIBUTION aggregate liability, and the aggregate liability of our, affiliates and officers, to you or any third party is limited to One Thousand U.S. Dollars ($1000).
6. SYSTEM INTEGRITY
You may not use any device, software, virus or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure relative to your use, which is non-commercial. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
7. TERMINATION OF USE
7.1 HYDES may, in its sole discretion, terminate or suspend your access or refuse access at any time, without notice, to all or part of any of the Sites for any or no reason, including, without limitation, breach of these Terms or the infringement of copyrights owned by third parties.
7.2 HYDES, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any HYDES event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any HYDES employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a HYDES employee or other individual.
8. LEGAL STATEMENT
8.1 These Terms have been made in and shall be construed and enforced in accordance with Pennsylvania and Federal law without regard to any conflict
of law provisions. HYDES makes no representation that the Content on the Sites is appropriate for access outside of Canada. Those who choose to access the Sites from outside Canada do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or provincial courts located in Ontario. 8.2 Official correspondence must be sent via postal mail or express service
to:
HYDES DISTRIBUTION
Attention: General Counsel
6868 Kinsmen Crt.
P.O. Box 1014 Niagara Falls, ON L2E 6V9
8.3 The Terms of Service, the Terms of Use, the Privacy Statement and any other terms referenced herein (hereafter “Terms”) constitute the entire agreement between you and HYDES with respect to your access and use of the Sites and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and HYDES with respect to the Sites. If any of the provisions of these Terms are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. HYDES may assign these Terms (i) to any of its affiliates; (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of HYDES; or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.
9. COPYRIGHT NOTICE
Copyright © 2011 HYDES DISTRIBUTION, All rights reserved. The material on the Sites may not be reproduced or distributed. Some parts are Copyright Zippo Manufacturing Company.
10. TRADEMARK STATEMENT
The HYDES, SLIM, MPL, OUL,, Venetian, Black Ice, BOTTOMZ UP and are registered trademarks in the United States and in many countries. The listed Trademarks in the United States are used under license of ZippMark, Inc. The Multi Purpose Lighter shape, the BUTANE Lighter shape and the BUTANE Z Windscreen are patented designs in the U.S.A. and are registered designs in many countries. BUTANE is a registered trademark in many countries and allowed for registration in the U.S.A. All Zippo lighter decorations are protected by Copyright. RONSON, RONSONOL and MULTI-FILL are registered trademarks in the United States, Canada and in several other countries. © 2011
HYDES DISTRIBUTION. All Rights Reserved.
11. Mobile Terms of Service
The Zippo.ca mobile message service (the "Service") is operated by Zippo.ca (“Zippo.ca”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Zippo.ca’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Zippo.ca through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Zippo.ca. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18336857144 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Zippo.ca mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18336857144 or email it@hydesdistribution.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
No material found or located on the HYDES Sites may be, downloaded, framed, linked to, copied, reproduced or used in any other way in any media now existing or hereafter created without the prior written permission of HYDES. You may write or fax the General Counsel of HYDES DISTRIBUTION to seek permission at this address:
HYDES DISTRIBUTION.
Attention: General Counsel
6868 Kinsmen Crt.
P.O. Box 1014 Niagara Falls, ON L2E 6V9
Fax #: (905) 358-9419