Terms & 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 https://blnts.com/, its app version and any existing or future related websites or apps of Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) (Sales) (“Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005)”, “we”, “our” or “us”), and any websites or apps of our Affiliates (as such term is defined below) (the “Site”). Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) may change these Terms and Conditions from time to time, at Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) sole discretion, and any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms and Conditions. The information and material on this Site may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Use of the Site is restricted to your personal use. You shall not use this Site for any other purpose. Accessing the Site for the purposes of reproduction, duplication, modification, redistribution or broadcast of any content or information is strictly prohibited, except with express prior written consent of Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005).
These Terms and Conditions shall continue as an agreement between you and Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) until terminated by us, which we may do for any reason or no 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 shall survive the termination of this agreement.
ACCOUNTS AND REGISTRATION
Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user's internet connection are aware of these Terms and Conditions and comply with them. The Site, including content and areas within the Site, or certain functions may require user registration. It is a condition of your use of the Site that all the information you provide on the Site, including for purposes of account registration, is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided with registration, your registration is personal to you and you agree not to provide any other person with access to this Site or portions of it using your registration or other security information. You agree to notify us immediately of any unauthorized access to or use of your registration information or any other breach of security.
We reserve the right at any time and from time to time, to disable or terminate your registration, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Site owner's ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.
By using this Site you are consenting to our collection and use of real-time information about your device’s location. If you block, disable or otherwise disallow the use of location or tracking technologies on your device, the Site may be inaccessible or certain functions may become unavailable. By using the Site you are consenting to our collection and use of payment, billing and credit card information that you may provide to us for the purposes of completing a transaction, through the Site. By using this Site you also consent to us sharing such payment, billing and credit card information to our third-party payment processing service providers that we use in connection with the Site for purposes of completing transactions.
Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) 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. Any use of the content on this Site in whole or in part, including but not limited to adapting, displaying, distributing, publishing, 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 Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005), is strictly prohibited.
You agree that if you upload any content to our Site, including text, commentary, images, photos, videos, music and/or recordings, and including any content uploaded through Interactive Functions, you are deemed to have granted to Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) and its Affiliates 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 Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) 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 Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005).
YM and its brands (being Suzy Shier, Bluenotes, Stitches, Sirens, Urban Planet, Urban Kids, Urban Behavior, West 49, Amnesia, Thriftys, Le Chateau, Charlotte Russe, Aeropostale and any future affiliated or related companies and brands) (collectively, “Affiliates”) trademarks and design marks (collectively, the “YM Marks “), are trademarks or registered trademarks of YM Inc. (Sales) and/or its Affiliates, and the 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 YM Marks, appearing on this Site without the express written consent of the owner of the trademark is strictly prohibited. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
© YM Inc. (Sales) 2011-2015. All rights reserved.
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) 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 YM INC., ITS AFFILIATED COMPANIES OR BRANDS (BEING SUZY SHIER, BLUENOTES, STITCHES, SIRENS, URBAN PLANET, URBAN KIDS, URBAN BEHAVIOR, WEST 49, AMNESIA, THRIFTYS, CHARLOTTE RUSSE, AEROPOSTALE AND ANY FUTURE AFFILIATED OR RELATED COMPANIES AND BRANDS OF YM INC. (SALES)), 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.
By using the Site, you agree to defend, indemnify and hold Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005). (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, to the maximum extent permitted by applicable law.
OUR LINKS TO OTHER SITES
In addition, our Site may include content that is streamed by our Site but hosted or made available by third parties. Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) 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 Page.
This Site is controlled and operated by Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) from Toronto, Ontario, Canada. You agree that your use of the Site and these Terms and Conditions are governed by the laws of the Province of Ontario, Canada without giving effect to any principles of conflict of law and notwithstanding your domicile, residence, or physical location. 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. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
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
Bluenotes and Aéropostale Canada, divisions of Thrifty’s Inc. (2005) and its Affiliates shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information.
Please also visit the following associated policies for further information:
Please visit our Social Media Policy Page
Thrifty’s Inc. (2005) is a jointly owned company with Cosa Nova Fashions Inc. and partners.