Terms & Conditions

Last updated: November 29th, 2016

Welcome to www.pixelgolf.com (the "Pixelgolf.com site"). Pixelgolf.com.ca, Inc., and/or its affiliates ("Pixelgolf.com") provide website features and other products and services to you when you visit or shop at the Pixelgolf.com site, use Pixelgolf.com products or services (collectively, "Pixelgolf.com Services"). Pixelgolf.com provides the Pixelgolf.com Services subject to the following conditions.

By using Pixelgolf.com Services, you agree to these conditions. Please read them carefully.

Privacy

Please review our Privacy policy which also governs your use of the Pixelgolf.com Services, to understand our practices.

Electronic Communications

When you use any Pixelgolf.com Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Pixelgolf.com site or through other Pixelgolf.com Services, such as our Message Centre. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Pixelgolf.com Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of Pixelgolf.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Pixelgolf.com Service is the exclusive property of Pixelgolf.com and protected by Canadian and international copyright laws.

Trademarks

Click here to see a non-exhaustive list of Pixelgolf trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Pixelgolf.com Service are trademarks or trade dress of Pixelgolf.com, Inc., or its affiliates, in the United States and other countries. Pixelgolf.com, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Pixelgolf.com, Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pixelgolf.com, Inc. or its affiliates. All other trademarks not owned by Pixelgolf.com, Inc. or its affiliates that appear in any Pixelgolf.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pixelgolf.com or its affiliates.

Licence and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Pixelgolf.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Pixelgolf.com Services. This licence does not include any resale or commercial use of any Pixelgolf.com Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Pixelgolf.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Pixelgolf.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No Pixelgolf.com Service, nor any part of any Pixelgolf.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Pixelgolf.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pixelgolf.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pixelgolf.com's name or trademarks without the express written consent of Pixelgolf.com. You may not misuse the Pixelgolf.com Services. You may use the Pixelgolf.com Services only as permitted by law. The licenses granted by Pixelgolf.com terminate if you do not comply with these Conditions of Use or any Service Terms.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pixelgolf.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Pixelgolf.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Pixelgolf.com and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pixelgolf.com for all claims resulting from content you supply. Pixelgolf.com has the right but not the obligation to monitor and edit or remove any activity or content. Pixelgolf.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

Risk of loss and title for items purchased from Pixelgolf.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

Pixelgolf.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Pixelgolf.com does not take title to the refunded item. For more information about our returns and refunds, please see our Return policy.

Product Descriptions

Pixelgolf.com attempts to be as accurate as possible. However, Pixelgolf.com does not warrant that product descriptions or other content of any Pixelgolf.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Pixelgolf.com itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Pixelgolf.com Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Unless otherwise provided, prices are in Canadian currency.

With respect to items sold by Pixelgolf.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE PIXELGOLF.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIXELGOLF SERVICES ARE PROVIDED BY ONLINEGOLFBALLS.CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PIXELGOLF.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PIXELGOLF.COM SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIXELGOLF.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PIXELGOLF.COM SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXELGOLF.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PIXELGOLF.COM DOES NOT WARRANT THAT THE PIXELGOLF.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIXELGOLF.COM SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM PIXELGOLF.COM SERVICES. PIXELGOLF.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ONLINEGOLFBALLS.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ONLINEGOLFBALLSPIXELGOLF.COMCA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law and Disputes

These Conditions of Use and any dispute of any sort that might arise between you and Pixelgolf.com shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Site Policies, Modification, and Severability

Please review our other policies posted on the Pixelgolf.com site. These policies also govern your use of Pixelgolf.com Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.