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Website Terms of Use

IMPORTANT! YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

This Terms of Use is an agreement between you ("You") and Gongshow Gear Inc., operating as Gongshowgear.com®, its affiliates and related companies (collectively “Gongshow”), for You to use Gongshow’s gongshowgear.com website (the “Website”) in exchange for Gongshow allowing You to access the Website and its features, and purchasing products and services provided by Gongshow through the Website (collectively the “Gongshow Products and Services”). By using the Website and the Gongshow Products and Services, You agree to abide by the terms and conditions in this Terms of Use. If You do not accept the Terms of Use, then do not use the Website. These Terms of Use, Gongshow’s Privacy Policy and the Website may change from time to time and it is your responsibility to check for such updates.

Privacy

Please review Gongshow’s Privacy Policy, which further governs your use of the Website.

Gongshow has no obligation to monitor the Website. However, You agree that Gongshow has the right to monitor the Website electronically from time to time and to disclose any information, in accordance with Gongshow’s Privacy Policy, as necessary to satisfy any law, regulation, or other governmental request, to operate this Website properly, or to protect itself or its account holders. Gongshow reserves the right to refuse to post or to remove any content, information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Terms of Use.

Licence and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Gongshow grants You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Website and Gongshow Products and Services. This licence does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website, any Gongshow Products and Services 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 Terms of Use or any other service terms are reserved and retained by Gongshow or its licensors, suppliers, rights holders, or other content providers. No Gongshow Products and Services, nor any part of any Gongshow Products and Services or the Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Gongshow. You may not frame or use framing techniques to enclose any Trademark, logo, or other proprietary information (including but not limited images, text, page layout, or form) of Gongshow without express written consent. You may not use any metatags or any other "hidden text" using Gongshow's name or Trademarks without the express written consent of Gongshow. You may not misuse the Website or the Gongshow Products and Services. You may use the Gongshow Products and Services only as permitted by law. The licences granted by Gongshow terminate if You do not comply with these Terms of Use or any other service terms.

Gongshow Products and Services Descriptions

Gongshow attempts to be as accurate as possible. However, Gongshow does not warrant that descriptions of the Gongshow Products and Services or other content of any Gongshow Products and Services is accurate, complete, reliable, current, or error-free. If a product offered by Gongshow itself is not as described, your sole remedy is to return it in unused condition. Gongshow reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time and without prior notice, to its descriptions of the Gongshow Products and Services, warranties and prices, due to errors, product discontinuation, cost adjustments, changing market conditions or any other business factor.

Social Media Content Competition

To enter, entrants must upload a photo of themselves to Instagram or Twitter wearing a GONGSHOW product / apparel, using the hashtag #gongernation, #gongshow, or tag @gongshowgear. (Accounts must be public for entries to be viewed and accepted)

Employees of GONGSHOW and their immediate families are ineligible to enter. Entrants may enter as many times as they like.

The "Promotion Period" begins on the first day of every month, and ends on the last day of every month.

The prize winner will be notified with a comment on their eligible photo entry on Instagram by the 2nd business day of every month.

GONGSHOW assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure, theft or destruction or unauthorised access to alteration of entries.

GONGSHOW decision is final and no correspondence will be entered into. Prize cannot be varied or transferred for cash and are not transferable.

Jurisdictional Restrictions

The Website can be accessed from anywhere worldwide which has access to the internet and not blocked by a third party. You understands that, due to governmental restrictions in some areas, some or all of the Gongshow Products and Services may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. Gongshow reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any Gongshow Products and Services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply. Gongshow does not represent or warrant that any Gongshow Products and Services will be available for purchase by You.

Pricing and Payment

Please note that Gongshow may not be able to confirm the price of an item until You order of Gongshow Products and Services. Despite Gongshow’s best efforts, a small number of the items in Gongshow’s catalog may be mispriced. If an item's correct price is higher than Gongshow’s stated price, Gongshow will, at its discretion, either contact You for instructions before shipping or cancel your order and notify You of such cancellation.

You understand that You will have to provide credit card or other payment information (the “Information”) to Gongshow in order to be able to purchase Gongshow Products and Services. You represents that you have the authority to provide the Information and that the Information is be accurate and complete. Gongshow will use the Information to charge You for any Gongshow Products and Services that You purchase.

All prices are subject to applicable state/provincial, federal and harmonized sales and goods and services taxes, handling charges and shipping charges. All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, tariffs, customs and duties, all of which shall be paid and provided for solely by You.

Your Account

If You create an account on the Website, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or device with which you access the Website, and You agree to accept responsibility for all activities that occur under your account or password. Gongshow may, from time to time, sell Gongshow Products and Services for children, but it sells them to adults who can purchase them with a credit card or other permitted payment method. If You are under the age of majority in your province of residence, You may use the Gongshow Products and Services only with involvement of a parent or guardian. Gongshow reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Returns, Exchanges and Title and Risk of Loss

Gongshow does not take title to returned items until the item arrives at Gongshow’s fulfillment centre. All returns and exchanges are to be done according to Gongshow’s Returns & Exchanges policy, as may be amended from time to time, and found at the following link: http://www.gongshowgear.com/returns-exchanges.

All items purchased from Gongshow are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Gongshow’s delivery to the carrier.

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

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND UNLESS OTHERWISE EXPRESSLY STATED BY GONGSHOW, GONGSHOW 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. GONGSHOW DOES NOT WARRANT THAT THE GONGSHOW PRODUCTS AND SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GONGSHOW PRODUCTS AND SERVICES, ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR EMAIL SENT FROM GONGSHOW PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Gongshow makes no representations whatsoever about any other Website which You may access through this site. When You access a non-Gongshow Website, You understand and acknowledge that it is independent from Gongshow, and that Gongshow has no control over the content on any such Website. In addition, a link to a non-Gongshow Website does not mean that Gongshow endorses or accepts any responsibility for the content, or the use, of such Website. It is your responsibility to take precautions to ensure that whatever You select for your use by You is free of such items such as viruses, worms, trojans, and other items of a destructive nature.

GONGSHOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GONGSHOW PRODUCTS AND SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE AND ANY GONGSHOW PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Returns, Refunds and Title and Risk of Loss

All materials published or otherwise accessible through this site including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the "Content") are protected by Canadian and international copyright laws, and are owned or controlled by Gongshow and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in any content accessed through this site.

Trademarks

The trademarks, logos, and service marks, including but not limited to, "Gongshow", "Gongshow Canada", "Gongshow.com", “Gongshowgear.com” and other names, logos, and icons identifying the products and services and Gongshow Products and Services (collectively the "Trademarks") displayed on the Website, are registered and unregistered Trademarks of Gongshow and others. Unless as may be expressly permitted by Gongshow, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website without the express written permission of Gongshow or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in this Terms of Use, is strictly prohibited. You are also advised that Gongshow will aggressively enforce its trademark and other intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Trademarks

When You use any Gongshow Products and Services or send email to Gongshow, You are communicating with Gongshow electronically. You consent to receive communications from Gongshow electronically. Gongshow will communicate with You by e-mail or by posting notices on the Website or through the other Gongshow Products and Services. You agree that all agreements, notices, disclosures, and other communications that Gongshow provides to you electronically satisfy any legal requirement that such communications be in writing.

Gongshow may, at its sole discretion from time to time, allow You and other users of the Website to post reviews, comments, photos, and other content; send 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 such content. Gongshow 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 content to Gongshow, and unless Gongshow indicates otherwise, You grant Gongshow a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licencable 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 Gongshow 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 Gongshow for all claims resulting from content You supply. Gongshow has the right but not the obligation to monitor and edit or remove any activity or content. Gongshow takes no responsibility and assumes no liability for any content posted by You or any third party.

#GONGSHOW, #GONGERNATION, OTHER HASHTAGS AND TAGS Gongshow may, from time to time, encourage people to post photos and other content to third-party social media platforms (e.g. Twitter, Facebook, Instagram, etc.) displaying Gongshow products and/or other content about or concerning Gongshow and “tagging” such content with Gongshow Trademarks such as #GONGSHOW or #GONGERNATION (collectively the “Gongshow Tags”). By posting such content to third-party social media platforms and tagging such content with Gongshow Tags, and subject to the terms and conditions of those third party social media platforms, you grant Gongshow a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licencable right but not the obligation 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 Gongshow and sublicencees the right to use or display your username associated with the originating third party social media platform in connection with such content. You represent and warrant that You own or otherwise control all the rights to such content that You post tagged with Gongshow Tags; that the content is accurate; that use of the content You supply does not violate this policy or the originating third party social media platform’s policies and will not cause injury to any person or entity; and that You will indemnify Gongshow for all claims resulting from content You post that are tagged with Gongshow Tags. As with any user content, Gongshow has the right but not the obligation to monitor and edit or remove any activity or content. Gongshow takes no responsibility and assumes no liability for any content posted by You or any third party to third party social media platforms tagged with Gongshow Tags.

Recourse

If You are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Gongshow in operating the Website, your sole and exclusive remedy, unless as may be otherwise expressly stated, is to discontinue using the Website.

Indemnity

You agree to defend, indemnify, and hold Gongshow and its affiliates and related companies harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to the violation of this Terms of Use by You or users of your account, or in connection with the use of this Website, use of Gongshow Products and Services or the placement or transmission of any information or other materials on this Website by You or users of your account.

Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario and the applicable federal laws of Canada. In the event of a dispute, any formal actions shall proceed in a court of competent jurisdiction in Ottawa, Ontario. This Terms of Use expressly excludes the United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Gongshow related to the Website, the use of Gongshow Products and Services or this Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against Gongshow.

Miscellaneous

This Terms of Use, including any and all documents it has referenced, constitutes the entire agreement between Gongshow and You pertaining to the subject matter of this Terms of Use. Gongshow's failure to insist upon or enforce strict performance of any provision of this Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Terms of Use be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. Gongshow reserves the right to modify, supplement or supersede this Terms of Use at its sole option, at any time and without notice to You. This Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, administrators, executors, successors and permitted assigns. The parties have requested that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.


REWARDS POINTS TERMS & CONDITIONS

The GONGER NATION™ REWARDS PROGRAM (“Rewards Program”) is a program designed by Gongshow to reward its customers for their loyalty and participation. The following terms and conditions (“Terms and Conditions”) contain important information regarding the Rewards Program. These Terms and Conditions are a binding agreement between (the “Participant”) and Gongshow Gear Inc. (“Gongshow”) and will govern the Participant’s participation in any and all Rewards Program offers.

ELIGIBILITY

Participants will be automatically entered into Gongshow’s Rewards Program once they create a Gongshow account.

If the Participant is under 18 years old, the Participant must obtain the consent of their parent or legal guardian to enroll in the Rewards Program and provide personal information about their self. Applicants who are under the age of 18 years and create a Gongshow account without disclosing (or attempting to conceal) their age, as and where required, and/or do not provide the required parental or guardian consent, as and where required, will be deemed invalid. These Terms and Conditions will bind the Participant and any parent or legal guardian who gives their consent (for Participants under 18 years old).

PRIVACY

One of Gongshow’s top priorities is making sure that the Participant’s personal information is safe. Please review Gongshow’s Privacy Policy. By participating in the Rewards Program, the Participant is agreeing to Gongshow’s collection and use of their personal information and acknowledging that they have read and accepted Gongshow’s Privacy Policy (available at http://gongshow.staging.inspi.ca/canada/privacy-policy), which is incorporated herein.

LIMITATION OF LIABILITY

By entering into Gongshow’s Rewards Program, the Participant releases and holds Gongshow, any affiliated companies, and employees thereof, from any and all liability of any injuries, loss, or damage of any kind, arising from or in connection with this Rewards Program, or acceptance or use of any Rewards points (“Rewards Points”) given. No responsibility is assumed for any computer, telephone, cable, network, satellite, electronic, or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website use accessibility or availability, traffic congestion, or unauthorized human intervention. The above list of causes is not exhaustive, and changes to the same can or will be made at the sole discretion of Gongshow, as and when required, without giving notice or any form of communication to Rewards Program members as individuals or groups.

ACCEPTANCE OF ELECTRONIC COMMUNICATION

By participating in the Rewards Program, the Participant hereby consents to receiving electronic communications regarding Gongshow, including any offers and advertisements by Gongshow, to their e-mail address. If the Participant does not wish to receive such electronic communications, they should advise Gongshow as soon as possible following enrollment by sending an e-mail to service@gongshowgear.com.

ADDITIONAL LOYALTY DISCOUNT OFFERS

Provided that the Participant's e-mail settings do not prevent them from participating in the Rewards Program, they will also be entitled to receive additional, exclusive Reward Points offerings and offers available only to the Rewards Program members! With every purchase, the Participant's status in the Rewards Program grows, increasing their pre-set Rewards discounts.

Moreover, this will also increase and improve their exclusive additional Rewards Points offers.

REVIEW GUIDELINES

One of the ways for a Participant to earn Rewards Points is to submit product reviews for Gongshow’s products. To ensure that the Participant’s review meets Gongshow’s criteria, all fields must be completed, and an honest paragraph about the product itself must be included. Gongshow cannot accept duplicate reviews or derogatory reviews about its products, as these issues should be taken up directly with Gongshow’s Customer Service Team.

Once the Participant has submitted their comments, Gongshow will assess the review and Rewards Points to the Participant’s account. Rewards Points will only be received if the review meets the established criteria.

SOCIAL MEDIA GUIDELINES

The Participant can earn Rewards Points through social media. For instance, two (2) Rewards Points will be rewarded each time the Participant “shares” one of Gongshow’s products on its website via Facebook, Twitter, Google+, or Pinterest. That means the Participant can earn up to eight (8) Rewards Points per product by “sharing” the same product on all four (4) social media platforms! Each Participant account can “share” a maximum of five (5) products per day (i.e. a Participant can earn up to forty (40) Rewards Points a day if they “share” five (5) products on all four (4) social media platforms).

The specific ways in which a Participant can earn Rewards Points are subject to Gongshow’s discretion at any time. Gongshow reserves the right, at its sole discretion, to modify, suspend, or cancel Rewards Points received through social media websites, if the above guidelines are abused.

GENERAL CONDITIONS

Gongshow reserves the right, at its sole discretion, to modify, suspend, or cancel the Rewards Program, without notice, for any conduct that Gongshow, in its sole discretion, believes to be in violation of acceptable usage of the Rewards Program. Gongshow also reserves the right to revoke Rewards Points if Gongshow believes that the Participant has abused the Rewards Program in any way.

By accepting the Rewards Points through the Rewards Program, each Participant agrees to release and hold harmless Gongshow, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss, or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the Rewards discounts or participation in any Rewards Program-related activity.

This Rewards Program is void where prohibited by law. Gongshow reserves the right, at its sole discretion, to disqualify any Participant it finds, in its sole discretion, to be tampering with the entry process or the operation of the Rewards Program, or to be in violation of the Terms and Conditions and Privacy Policy of any websites owned by Gongshow, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Any use of robotic, automatic, macro, programmed (or the like) entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple Participants having the same e-mail account, the authorized subscriber of the e-mail account at the actual time of enrollment will be deemed to be the Participant and must comply with these rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization, which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Gongshow will prosecute any fraudulent activities to the full extent of the law.

Thank you for participating in Gonger Nation™ Rewards Program!


Privacy Policy

At Gongshowgear.com® we know how important it is to protect your personal information. Whether you are shopping with us online or in person we want to make every customer experience safe and secure. In keeping with that goal, we have developed this Term of Use, and Privacy Policy to outline our guidelines for the collection and use of personal information.

Who is Gongshowgear.com® ?

Gongshowgear.com® is the operating name of Gongshow® Gear Inc. This policy applies to Gongshowgear.com® and all of its named operations and divisions ("Gongshow", "we", "our" or "us".

What Information does Gongshowgear.com® Collect and How is it Used?

At Gongshowgear.com® , we collect two types of information: personal information and non-personal information.

With your consent we may use your personal information for a number of different purposes, for example to:

  • fulfill requests for products, services or information;
  • provide customer services;
  • administer contests or promotions;
  • offer new products and services;
  • measure and improve the effectiveness of our Web Sites or our marketing endeavors;and
  • tailor our online or on-site offerings to your preferences.

We may also collect and summarize customer information in a format that no longer identifies the individual for statistical purposes.

Personal information typically includes your name, address, phone number, and e-mail address. You can always choose not to provide us with any of your personal information. However, if you make this choice we may not be able to provide you with the product, service, or information that you requested.

Non-personal information does not identify you as an individual. For example, we may ask you for your postal code to assist us with planning our advertising and promotional efforts.

In no event will your personal information be used or disclosed for purposes other than those for which we collect it, except with your consent or as required by law.

Your Implied Consent

In some cases, your consent is implied if we ask you to provide personal information with a stated purpose. For example, we can only deliver the product you have purchased if you provide us with your address and phone number.

Your Express Consent

In other cases, we will ask you to give your express consent to use your personal information to advise you of products or services that may be of interest. You always have the opportunity to "opt out" of having your information used for this purpose.

Withdrawing Your Consent

If you have "opted in" or subscribed to one of our newsletters or mailing lists, we will always provide you the opportunity to "opt out" or unsubscribe. For example, each e-mail we send you will tell you how to decline further e-mail.

Information Gongshowgear.com® Collects from You

Listed here are some examples of the ways that we collect information about you and how we use it.

On-Site Purchases

When you purchase an Gongshowgear.com® product or service, you may need to provide us with contact and payment information (such as credit card information) so that we can process your request. Examples where we need contact information include delivery of products, mailing of your product, and rebate requests. If we collect this information, we may also ask for your consent to use this information to send you promotional information on products and services.

Our Web Sites

While using our Web Sites, you may be asked to voluntarily provide certain personal information (such as your name, email address, postal address, telephone number, or credit card information). We use this information to complete your transaction and to apply for access to certain special features and functions of the Web Sites. If you choose not to provide requested personal information, you will not be able to use certain features of the Web Sites and you will not be able to engage in transactions through the Web Sites.

With any of the services on our Web Sites, we may also use your personal information to contact and correspond with you and to respond to your inquiries. With your consent, we may send to you, from time to time, email or other communications regarding goods or services we believe will interest you.

Sign-Up for Newsletters or Updates

Gongshowgear.com® also offers an e-newsletter. You can choose to subscribe by visiting our Web Sites or when visiting us at a special event. To enroll, we will collect your contact information (such as name and e-mail address). This information will only be used to send you the newsletter.

Participate in Sweepstakes, Contest, Promotions, or Surveys

We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Site, in the Stores or through one of our social media pages that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and likeness in advertising associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner's list.

Information Gongshowgear.com® collects Automatically

Like many other Web sites, we automatically collect certain non-personal information regarding Web site users that does not identify you. Examples include the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Web Site, the Internet address of the Web site from which you linked directly to the Web Site, the operating system you are using, the sections of the Web Site you visit, the Web Site pages read and images viewed, and the content you download from the Web Site.

This non-personal information is used for Web Site and system administration purposes and to improve the Web Site.

Cookies

The Web Site uses "cookies", a technology that installs a small amount of information on a Web Site user's computer to permit the Web Site to recognize future visits using that computer. Cookies enhance the convenience and use of the Web Site. For example, the information provided through cookies is used to recognize you as a previous user of the Web Site (so you do not have to enter your billing information every time), to offer personalized Web page content and information for your use, to track your activity at the Web Site, to respond to your needs, and to otherwise facilitate your Web Site experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Web Site and your ability to access certain features of the Web Site or engage in transactions through the Web Site.

Tracking Information

We may use non-personal information to compile tracking information reports regarding Web Site user demographics, Web Site traffic patterns, and Web Site purchases, and then provide those reports to advertisers and others. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. We may also link tracking information with personal information voluntarily provided by Web Site users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.

Links to Other Web Sites

Our Web Site may contain links to other Web sites or Internet resources. When you click on one of those links you are contacting another Web site or Internet resource. Gongshowgear.com® has no responsibility or liability for or control over those other Web sites or Internet resources or their collection, use and disclosure of your personal information.

We encourage you to read the privacy policies of those other sites to learn how they collect and use information about you.

Does Gongshowgear.com® Disclose the Information it Collects?

Gongshowgear.com® does not sell your personal information. However we may share your information with third parties acting on our behalf or as permitted or required by law.

Disclosure to Service Providers

Gongshowgear.com® may share your personal information with certain service providers in order to provide products and services to you, to verify and validate information, and to address customer service matters. Examples of service providers include those shipping vendors who ships products to you on our behalf or third party emailing services newsletters, to name a few. To reduce the risk of fraud or misuse of personal information, Gongshowgear.com® may also verify your personal information, including but not limited to your address and credit card information, with third party service providers.

We will use reasonable efforts to ensure that your personal information is used in a manner that is consistent with this Policy. If you do not wish us to provide your personal information to those service providers, we may be unable to process your transaction.

Information You Disclose Publicly.

User Content and Public Information. - The Site may permit you to submit ideas, photographs, videos, audio recordings, questions, comments, suggestions or other content, including Personal Information (collectively, "User Content"), on blogs and message boards, product reviews and other public forums. We or others may store, display, publish, distribute or otherwise use User Content online or offline in any media or format and may or may not attribute the User Content to you. Others may have access to this User Content and may have the ability to share it with third parties. Please note that Gongshow does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Site or what others do with information you share with them on the Site.

Name and Likeness. - We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. By connecting with the Gongshow brands through our social media pages or accounts, or by posting content using Gongshow-created hashtags or other identifiers, you are providing your consent for Gongshow to use any Personal Information or other content you submit or make available through such sites for marketing and promotional purposes, including, but not limited to, incorporation into our marketing materials, without further notice or compensation.

Legal Disclosure

Gongshowgear.com® may disclose your information without your knowledge or consent in the following situations only:

  • to a lawyer representing the organization;
  • to collect a debt the individual owes to the organization;
  • to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;
  • to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as required by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
  • to a government institution that has requested the information, identified its lawful authority to obtain the information, and indicates that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or suspects that the information relates to national security, the defence of Canada or the conduct of international affairs; or is for the purpose of administering any federal or provincial law;
  • to an investigative body named in the Regulations of the Act or government institution on the organization’s initiative when the organization has reasonable grounds to believe that the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security, the defence of Canada or the conduct of international affairs;
  • if made by an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law;
  • in an emergency threatening an individual’s life, health, or security (the organization must inform the individual of the disclosure);
  • for statistical, scholarly study or research (the organization must notify the Privacy Commissioner before disclosing the information);
  • to an archival institution;
  • 20 years after the individual’s death or 100 years after the record was created;
  • if it is publicly available as specified in the regulations; or if required by law.

How does Gongshowgear.com® Protect My Information?

The security of your personal information is a high priority for Gongshowgear.com®. We assume all responsibility for your personal information while it is in our possession, and thus, we maintain appropriate safeguards and current security standards to protect your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse. We also take responsibility for your personal information that we may transfer to a third party for processing. This being the case, we use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.

How Can I Verify My Information?

You can check your information to verify, update, or correct it, and to have any obsolete information removed.

You can also ask to review any of the information that we have retained, how we have used it, and to whom we have disclosed it at any time by contacting us at sales@Gongshowgear.com®.com. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate.

You can also ask us to change your preferences regarding how we use or disclose your information, or let us know that you do not wish to receive any further communication from us.

When is My Information Removed?

We keep your information only as long as we need it for the products and services you're using and for a reasonable time thereafter or to meet any legal requirements. We have retention standards that meet these requirements. We destroy your information when it is no longer needed, or we remove your personally identifiable information.

You can also request that we remove your information from our records. Subject to our requirements for continued retention of your information, for example, for billing, audit, or warranty purposes, we will make every reasonable effort to honour your request.

How Can I Contact Gongshowgear.com® ?

Gongshowgear.com® is responsible for all personal information under its control. If you have any questions, concerns or complaints about the privacy policies please contact us at the below:

Gongshow® Gear Inc.
Attention: Privacy Manager
202-1568 Carling Avenue
Ottawa, Ontario K1Z 7M4
CANADA
1-613-792-1520
sales@gongshowgear.com

We will respond to your request or investigate your concern as quickly as we can.

Will this Terms of Use and Privacy Policy Change?

To accommodate changes in our service, the technology, and legal developments, this Policy may change over time. We may add, change, or remove portions of this Policy when we feel it is appropriate to do so. Whenever we update this Policy we will change the date on the Policy to indicate when the changes were made.

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