Unless otherwise noted, all written and/or other materials that are part of our Site, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Cat Janiga and/or its affiliates (collectively “Cat Janiga”) own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. The CAT JANIGA trademarks, logos and other trademarks on our Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission of Cat Janiga, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Your Use of Our Site
Our Site and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Site for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content for public or commercial purposes without written permission from an authorized representative of Cat Janiga. It is also strictly prohibited to download any images of the Cat Janiga products which appear on our Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related intellectual property. You agree that if Cat Janiga, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Site, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Site, or any part thereof, with or without notice.
No Warranties; Limitation of Liability
Tampering with our Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Site are prohibited. Users are prohibited from violating or attempting to violate the security of our Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Site for unintended purposes or trying to change the behavior of our Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Site (impersonating our Site), or to our Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Cat Janiga, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Site other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to Cat Janiga, and to refrain from impersonating or falsely representing your affiliation with any person or entity. Not Geared Towards Children. Our Site is intended for use by individuals 13 years of age or older. Our Site is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Site.
Errors, Corrections and Changes
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.
Returns and Exchanges
All exchanges and returns are governed by the terms of the Returns and Exchanges Statement found here.
Information & Content You Submit to Us
By using our Site, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Site is not confidential. By submitting any solicited or unsolicited information using our Site, you grant to Cat Janiga and its affiliates (“Cat Janiga,” as used herein) an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.
You agree to indemnify, defend and hold harmless Cat Janiga, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
Third Party Sites & Links
Giveaways and Contests
1. Application: These general contest rules (“General Contest Rules”) apply to contests and giveaways (each, a "Contest") operated by Cat Janiga Jewellery on which the Contest appears, unless there are specific contest rules for a particular Contest, in which case those specific contest rules will apply. By entering a Contest, entrants agree to be legally bound by these General Contest Rules, and will be deemed to have read and understood these General Contest Rules.
2. Eligibility: Unless otherwise stated, to enter a Contest and to be eligible to win, entrant must be a legal resident in the province, territory or state in which they reside. Each entrant must be over the age of majority in his/her province, territory or state of residence. Employees and their parents, siblings and children of Cat Janiga Jewellery, its agents, parent, affiliated or related companies, subsidiaries, divisions, prize sponsors, promotional and advertising agencies or of any other entity involved in the development, production, administration, or fulfillment of the applicable Contest (and any person domiciled with any such employee) are ineligible to enter. Any attempt or suspected attempt to enter this Contest in a fashion not authorized by these rules shall be deemed to be tampering and will void all of your entries. Entries that contain false information and/or are late, lost, stolen, falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or entries that have been submitted using robotic, automated, programmed, or through illicit means, or that do not conform with or satisfy any or all of a specific contest rules and these general contest rules, as determined by the Contest Sponsors' absolute discretion, will be judged null and void and disqualified. Only entries received by Cat Janiga Jewellery will be considered. Proof of entry transmission shall not constitute proof of receipt. Individuals that have won a Cat Janiga Jewellery Contest within the thirty (30) days preceding the start of the applicable Contest (as well as those with whom they reside) are also not eligible to enter. A Contest is open to legal residents of all Canadian provinces and territories excluding Quebec due to restrictions in that province. A Contests are open to legal residents of all states in the U.S.A. excluding Florida, New York and Rhode Island due to restrictions in those states.
3. Prizing & Contest Period: The details of the prize(s) available to be won (including the number and the approximate retail value of the prize(s) available to be won), the duration and timing of a Contest and any other relevant information of a Contest will be identified through applicable promotional materials, by Cat Janiga Jewellery social media platforms (as applicable) at the start (or before the start) of the Contest. Prize(s) may not be exactly as advertised. Prize(s) must be accepted as awarded, may not be sold, transferred and are not convertible to cash. Cat Janiga Jewellery reserves the right to substitute a prize, in whole or in part, in the event all or any component of a prize is unavailable. Limit of one prize per household per Contest.
4. Contest Entry: No purchase necessary to enter a Contest. Unless otherwise stated, there is a limit of one entry per person per day per Contest. To enter a Contest, follow the instructions given via Cat Janiga Jewellery official social networking page (described below), as applicable.
For online entry: Without limiting the foregoing, if entry in a Contest occurs online, visit the website during the applicable Contest entry period and follow the on-screen instructions on the applicable Contest’s webpage to complete and submit the online entry form.
For entry via social media: Without limiting the foregoing, if entry in a Contest occurs via one or several of the official social networking pages for Cat Janiga Jewellery, entry must occur during the applicable Contest entry period by means of the applicable third party service or site (each, a “Third Party Service”). To enter a Contest by means of a Third Party Service, you must have a valid account with the applicable Third Party Service and are solely responsible to ensure that your account settings allow Cat Janiga Jewellery to view your account as required to administer the applicable Contest (failing which, you may be disqualified). By creating an account with a Third Party Service, you agree to comply with such Third Party Service’s Terms of Service. By entering a Contest by means of a Third Party Service, entrants completely release any such Third Party Service of all liability in relation to his/her participation in the applicable Contest. Entrants acknowledge that the applicable Contest is in no way sponsored, endorsed or administered by, or associated with the Third Party Service(s) and that any questions, comments or complaints regarding any Contest should be directed to Cat Janiga Jewellery and not to Third Party Service(s).
All entries are subject to verification at any time and for any reason. Cat Janiga Jewellery reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Cat Janiga Jewellery – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in the applicable Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any entry or other information entered (or purportedly entered) for the purposes of the applicable Contest; and/or (iii) for any other reason Cat Janiga Jewellery deems necessary, in its sole and absolute discretion, for the purposes of administering the applicable Contest in accordance with the General Contest Rules and, if provided, any further Contest-related instructions. Failure to provide such proof to the complete satisfaction of Cat Janiga Jewellery within the timeline specified by Cat Janiga Jewellery may result in disqualification in the sole and absolute discretion of Cat Janiga Jewellery. The sole determinant of the time for each Contest will be the Cat Janiga Jewellery store clock.
5. Requirements for Photo, Video or Written Submissions: From time to time, a Contest entry mechanism may require you to submit an original photograph, video, written composition (i.e. essay, comment or story) or another form of original submission (each, a “Submission”) to Cat Janiga Jewellery, subject to instructions provided by Cat Janiga Jewellery and/or its representatives. Submissions must be original and must not include any third party’s proprietary content. Cat Janiga Jewellery in its sole and absolute discretion may: (i) disqualify any entrant who uses third party proprietary content, at any time; (ii) edit any Submission to blur out any trade-marks or to remove any copyrighted content, including but not limited to, music or video clips, as applicable; and/or (iii) disqualify any Submission that involves anything illegal, potentially or actually dangerous or harmful or containing any element of physical risk. Submissions must not contain any reference to, or likeness of, any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence. Submissions must not include any illegal, defamatory or in any way obscene content. Submissions cannot be a parody or derogatory. Submissions remain the property of the entrant, however by entering a Contest, each entrant: (i) represents and warrants that his/her Submission is her or her original work and does not infringe on any third party rights, including, without limitation, copyright, trade-mark or any other intellectual property rights; (ii) represents and warrants that he/she has all necessary rights from any third party that appears, or is mentioned, in the Submission, including those from the parent or legal guardian if third party is under the age of majority; (iii) grants Cat Janiga Jewellery an unlimited, royalty free, irrevocable, right and license to reproduce, post and/or broadcast the Submission in any form of media now known or hereinafter developed; (iv) waives all moral rights in the Submission in favour of Cat Janiga Jewellery; (v) agrees to release, indemnify, discharge and hold harmless Cat Janiga Jewellery from any claim or liability arising from or related to the Submission; and (vi) consents to the publication and/or use, in any medium of the Submission for the purpose of administering the applicable Contest and publicity purposes carried out by Cat Janiga Jewellery and/or its advertising and promotional agencies without payment or compensation of any kind. Submissions may be showcased by Cat Janiga Jewellery at its sole and absolute discretion on a public viewing gallery. Cat Janiga Jewellery assumes no responsibility for any claims against infringement of the right of privacy with respect to any Submission.
6. Prize Draw: For Contests where the winner is selected from entries received, a random draw for the prize(s) will take place by a Cat Janiga Jewellery representative from all eligible entries received during the applicable Contest period. The potential prize winner will be contacted using the information provided at the time of entry. In the event a potential prize winner cannot be contacted within two (2) business days after the draw, as determined by Cat Janiga Jewellery at its sole discretion, or if these General Contest Rules are not adhered to by a potential prize winner, such potential prize winner will be disqualified and will forfeit all rights to the applicable prize.
7. Awarding of Prize(s): Proof of identification must be provided upon request. In order to be declared a prize winner, each potential winner must first: (i) correctly answer, unaided, a time limited mathematical skill testing question administered by Cat Janiga Jewellery; (ii) be verified as complying with these General Contest Rules (as determined by Cat Janiga Jewellery in its sole and absolute discretion); and (iii) sign and return within the time stipulated by Cat Janiga Jewellery, a full release and indemnity form (“Release Form”) stating that, among other things, he/she agrees to be available and to participate in publicity and/or promotions related to the Contest and/or Cat Janiga Jewellery, authorizes Cat Janiga Jewellery (including, without limitation, agents of Cat Janiga Jewellery) to broadcast, publish, disseminate and otherwise use his/her name, city/town/village and province/territory of residence, photograph, likeness, sobriquet and voice, in connection with any promotion and/or publicity, and/or for general news, entertainment and/or information purposes at no additional compensation, beyond the awarding of or participation in the applicable prize, accepts the applicable prize as offered and releases Cat Janiga Jewellery from any and all liability of any kind relating to the Contest and his/her receipt and use or misuse of the applicable prize.
8. Odds of Winning: For Contests with online entries (including Contest where entry occurs via social media), the odds of winning will depend on the number of eligible entries received during the Contest period.
9. All decisions of Cat Janiga Jewellery with respect to any aspect of a Contest are final and binding on all entrants without right of appeal. Contests are subject to all applicable federal, provincial and municipal laws and regulations. ANY ENTRANT DEEMED BY CAT JANIGA JEWELLERY TO BE IN VIOLATION OF THESE GENERAL CONTEST RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF CAT JANIGA JEWELLERY AT ANY TIME.
10. By entering a Contest, each entrant fully releases Cat Janiga Jewellery, its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other entity involved in the development, production, administration, or fulfillment of the applicable Contest from all liability of any kind relating to the Contest or his/her participation therein, including, without limitation, any liability related to: (i) any failure of the a website; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in a Contest; and/or (v) any combination of the above.
11. Cat Janiga Jewellery reserves the right to cancel, modify or suspend a Contest or to amend these General Contest Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason, in the opinion of Cat Janiga Jewellery in its sole and absolute discretion, a Contest is not capable of running as originally planned, for example as a result of tampering, unauthorized intervention, fraud, technical failures, mechanical manipulation or any other causes beyond its control, Cat Janiga Jewellery reserves its right to amend, cancel or suspend the applicable Contest and/or conduct a random draw from all previously received eligible entries. Without limiting the generality of the forgoing, Cat Janiga Jewellery reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
13. For greater certainty, each prize claimant consents to the use of their name, city of residence, likeness, comments, photograph or voice, without further compensation, in any future publicity carried out by Cat Janiga Jewellery in connection with the applicable Contest.
14. If the identity of an entrant is in dispute, the authorized account holder of the email submitted at the time of entry (if provided) will be deemed to be the entrant. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address in question (if provided).
Applicable Law & Other Terms
Our Site is created, operated and controlled by Cat Janiga in Canada. The laws of Canada will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Canada in all disputes arising out of or relating to the use of our Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Cat Janiga with respect to our Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cat Janiga with respect to our Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.