Fox home Terms of Use

Last updated: January 11, 2024

Overview

Welcome to the Fox Home Website ("Website"). The Website is operated by Fox Group Canada Inc. (“Fox”, “our”, “we” and “us”).

The following terms and conditions (the “Terms of Use”) apply to all visitors or users of this Website (collectively, the "Users” and “you”), and of microsites, mobile websites or mobile applications of our brands and lines of business (individually and collectively, the "Site"). Any use of this Site, including, without limitation, purchasing through the Site, is subject to our policies, terms and conditions, as set out herein (individually and collectively, the "Policy"). By using this Site, you agree to be bound by our Policy, as it may be modified by us at any time and posted on this Site. In the event of a violation of our Policy, we reserve the right to seek all remedies available by law and in equity. 

The Information included in the Site is for general, informative purposes only and does not constitute a recommendation and/or opinion and/or any offer. Therefore any reliance on declarations, expressions of position, tips or any other information shown on the Site is at the sole discretion and responsibility of the User.

We save the right to amend, terminate, add or change, the Information included in the Site, from time to time, including the availability of any features of the Site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of our Policy in whole or in part, at any time and without notice. Your continued use of the Site after any changes to our Policy are posted will be considered acceptance of those changes.

Content uploaded by the Users

Any User is responsible for the content uploaded by him/her to the Site. "Content" means any and all content including, without limitation, text, graphics, video, photographic and audio content and other information, which you upload or post to the Site or in connection to the Site. By uploading Content to the Site, you agree and declare as follows:

  1. You represent that you own or have secured all rights, title, and interest in the Content.
  2. You represent that you have obtained express permission from everyone who took, or is appearing in, your Content to upload the Content, further to these Terms of Use.
  3. You may not misrepresent yourself or the origin of any Content you submit via the Site by, for example, providing false names, contact information or other personal identifying information. 
  4. You represent that you will not submit Content that (a) violates the rights of others (such as copyright, trademark, or right of publicity); (b) is false, misleading indecent, obscene, harassing, inappropriate, or illegal; (c) features anyone under the age of majority in their province or territory of residence; (d) features partial or full nudity or alcohol/drug use; (e) violates the intellectual property, privacy or other right of another; (f) constitutes a commercial, political or personal solicitation; or (g) may contain any form of malicious software (e.g., viruses, worms, malware, or other destructive code). 
  5. You grant to Fox a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license in perpetuity (i.e. everywhere and forever) to use, reproduce, modify, edit, adapt, publish (re-publish), translate, create derivative works from, distribute, perform and display any or all of your Content and/or to incorporate it in other works, in any form, media, or technology now known or later developed.
  6. You acknowledge that you will not be compensated in any way for our use of your Content.
  7. You represent that you understand that we may retouch, edit or otherwise alter Content (such as photos), at our sole discretion, without your ability to inspect or pre-approve.

We may remove any Content you submit and/or upload on the Site at any time, for any reason, at our sole discretion.

All personal information submitted to the Site will be handled in accordance with our Privacy Policy

If you want to have your Content taken off the Site at any time, please contact us at customerservice@fox-home.com

You own all of the Content you post on the Site. In addition, for content that is covered by intellectual property rights, like photos and videos, subject to your privacy settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Content that you post on or in connection with the Site. Including without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Intellectual Property

The Site and all of its materials, including (whether registered rights or rights that have not yet been registered), but not limited to, its software / HTML code, domain name, scripts, text, artwork, photographs, images, video, audio, patents, trademarks, samples, copyrights, illustrations, music, clips, methods, the manner of presentation and design of the Site and any matter or detail related to the Site ("Materials") are the property rights of Fox home and protected by U.S. and international laws and treaties. All Materials are provided through the Site as a service to its current and prospective visitors and may be used only for personal and informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials.

No right, title or interest in the Materials is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Site or any of its Materials without the prior written permission of Fox. You may not access or use the Site for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Any and all rights not expressly granted are reserved by Fox, as applicable.

In any event, you may not use the Materials in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit Fox.

Without derogating from the generality above, we have a no-tolerance policy regarding the use of our Trademarks (as defined below). Fox owns all rights in respect ot its trademarks, trade names, logos, brand names and trade dress ("Trademarks"), which appear on the Site or in connection with the Site or otherwise, whether registered rights or rights that have not yet been registered. No license to the use of such Trademarks is granted to you under the Site or by your use of the Site. Your misuse of our Trademarks is strictly prohibited.

Limited Use

Subject to Fox's Policy, Fox hereby grants you a limited, revocable, non-exclusive license to access and use the Site on your computer or mobile device only for personal and informational purposes only. Except as expressly permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any Materials on or from the Site, unless expressly permitted by Fox in writing.

Fox reserves the exclusive right to terminate immediately the use of the Site by the User and refuse service, at any time, if the User violates Fox's Policy and/or any law or regulation and/or if Fox decides that the User has made unreasonable or improper use of the Site, at its sole discretion. In these cases, Fox will not be responsible for any loss and/or expense and/or damage, including distress that is sustained by the User.

You shall not: (i) post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer or otherwise; (ii) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable, at our sole discretion; (iii) contain chain letters or pyramid schemes; (iv) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (v) impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; (vi) encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate any law; or (vii) exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site and/or our related services and products. Fox reserves the right to block or deny access to the Site to anyone at any time for any reason, at its sole discretion.

 Linking

The Site may contain hyperlinks to one or more external websites or resources operated by third parties ("Links"). Fox Home will assume no responsibility for such links and the links to any third-party website or resource does not constitute a recommendation thereof. The links are intended only for the convenience and information of the Users. In addition, certain third-party websites or resources also may provide links to the Site. None of such links should be deemed to imply that Fox endorses the third-party websites, resources or any content therein. Fox do not control and are not responsible for any third-party websites, resources or any content, advertising, products, or other materials on or available through them. Access to any third-party websites or resources is at your own risk.

Social Media

The service provides you by the Site with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Fox. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.

Errors and Inaccuracies

Fox Home tries to provide complete and accurate information on the Site. Unfortunately, Fox is not able to guarantee and cannot ensure or warrant or provide any conditions that the Site is completely free of human or technological errors. The Site may contain typographical mistakes, omissions, inaccuracies and outdated information – some may relate to pricing and availability of items and services. In any event such errors will not bind Fox. We reserve the right (but are not obligated) to correct any errors, omissions or inaccuracies and to change or update information at any time without advance notice and without liability to you. Some of the information may originate from third parties, for whom Fox has no information, and Fox does not guarantee the exactness of this information. Fox will not be held liable for any inaccurate information or for any information that has been omitted from the Sites.

LIMITATION OF LIABILITY

YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FOX, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE. FOX'S LIABILITY IN CONNECTION WITH ANY PRODUCT SOLD TO YOU SHALL NOT EXEED THE AMOINT PAID BY YOU FOR SUCH PRODUCT.

 

Orders

Purchases made online on the Website are subject to the Fox home Online Terms of Sale, which can be found here: [insert link/URL], and which form part of, and are subject to, these Terms of Use.

Governing Law and Jurisdiction

These Terms of Use (including for greater certainty the Terms of Sale) shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein and the parties Members shall attorn to the jurisdiction of the Province of Ontario.

The Site, and the products and services made available on the Site, are intended for use only from Canada. We make no representation or warranty that the Site, or the products or services made available on the Site, are appropriate or available for use in or from any particular location. 

Contact Us

If you have any questions or requests relating to these Terms of Use, please contact us using the following information:  customerservice@fox-home.com