Terms and Conditions:
Effective date: Oct. 18th, 2018
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Trèsmalin, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Electronic Communications. When you visit nulimbo.com or send e-mails to Trèsmalin, you are communicating with Trèsmalin electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that Trèsmalin provides to you electronically satisfy any legal requirement that such communications be in writing.
- Your nulimbo.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not describe or account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Trèsmalin may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Trèsmalin liability. You must immediately notify Trèsmalin of any unauthorized uses of your account, or any other breaches of security. Trèsmalin will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the Content does not violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content does not constitute harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, forum posts or private messaging within nulimbo.com itself, email lists, other blogs and web sites, and similar unsolicited promotional methods;
By submitting Content to nulimbo.com, you grant Trèsmalin a world-wide, royalty-free, perpetual, fully sublicensable, and non-exclusive license to reproduce, modify, adapt and publish the Content in any media. You grant Trèsmalin and its associates and sublicensees the right to use the name that you submit in connection with such content, if they so choose.
Without limiting any of those representations or warranties, Trèsmalin has the right (though not the obligation) to, in Trèsmalin’s sole discretion (i) refuse or remove any content that, in Trèsmalin’s reasonable opinion, violates any Trèsmalin policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Trèsmalin’s sole discretion. Trèsmalin will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Trèsmalin the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Prices for our products are subject to change without notice. Trèsmalin reserves the right at any time to modify or discontinue any service (or any part or content thereof) without notice at any time. Trèsmalin shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
- Risk of Loss.
All products purchased directly from nulimbo.com (as opposed to an affiliate) are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Automatic Renewal.
Unless you notify Trèsmalin before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism Trèsmalin has on record for you. Upgrades can be canceled at any time by submitting your request to Trèsmalin in writing.
- Refusal of Service.
Trèsmalin reserves the right to refuse service to anyone for any reason at any time. Trèsmalin reserves the right to refuse any order you place with us. Trèsmalin may, in our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Trèsmalin makes a change to or cancels an order, Trèsmalin may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Trèsmalin reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- General Terms.
- Product Descriptions. Trèsmalin and its associates attempt to be as accurate as possible. However, Trèsmalin does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Trèsmalin itself is not as described, your sole remedy is to return it in unused condition, as per Trèsmalin’s Return Policy.
- Responsibility of Website Visitors. Trèsmalin has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Trèsmalin does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Trèsmalin disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Copyright and Intellectual Property. Unless otherwise specified, all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Trèsmalin or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Trèsmalin, with copyright authorship for this collection by Trèsmalin, and protected by international copyright laws. This Agreement does not transfer from Trèsmalin to you any Trèsmalin or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Trèsmalin. Trèsmalin, nulimbo.com, the nulimbo.com logo, and all other trademarks, service marks, graphics and logos used in connection with nulimbo.com, or the Website are trademarks or registered trademarks of Trèsmalin or Trèsmalin’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Trèsmalin or third-party trademarks.
- Content Posted on Other Websites. Trèsmalin has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which nulimbo.com links, and that link to nulimbo.com. Trèsmalin does not have any control over those non-Trèsmalin websites and webpages, and is not responsible for their contents or their use. By linking to a non-Trèsmalin website or webpage, Trèsmalin does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Trèsmalin disclaims any responsibility for any harm resulting from your use of non-Trèsmalin websites and webpages.
- Advertisements. Trèsmalin reserves the right to display advertisements anywhere on nulimbo.com.
- Affiliate Products and Services. By purchasing an affiliate product (e.g. graphic novel) or subscribing to an affiliate service (e.g. Patreon rewards) from one of our affiliates, you agree to that affiliate’s terms of service and return policy.
- Changes. Trèsmalin reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Trèsmalin may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Trèsmalin may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your nulimbo.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Trèsmalin and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Trèsmalin nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Trèsmalin, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Trèsmalin under this agreement during the twelve (12) month period prior to the cause of action. Trèsmalin shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Trèsmalin, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Trèsmalin and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Trèsmalin, or by the posting by Trèsmalin of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Saskatchewan, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Saskatchewan, Canada. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Trèsmalin may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Effective date: Oct. 18th, 2018
Atelier Trèsmalin (“Trèsmalin“) operates nulimbo.com and may operate other websites. It is Trèsmalin’s policy to respect your privacy regarding any information we may collect while operating our websites. Trèsmalin’s contact information may be accessed here: Contact
Collection of Personal Data
While you visit our site, we’ll track:
- Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
- Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
- Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
- Operating system: we’ll use this to best optimize our website for our visitors
- Referral source: knowing which websites our visitors came from helps us understand our audience and advertise our content better
- Length of visit, page views, website navigation and any other related browsing activity: we’ll use this to optimize our website as it allows us to understand how visitors use it
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages, if you choose to receive them
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
Once you have registered and created an account, either in the process of making a purchase or in order to post on our community forums, you also have the option of adding this public information:
- Member Title
- Biography (About Me)
- Social Network Account addresses
- Location (Country)
- And other details to your profile information to be displayed in our community.
Once you have an account, you will have the option to leave comments and use the website forum. We will store comments, posts, private messages, or reviews, if you choose to leave them.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
Most activity on our forum is public, including your profile information mentioned above. Information posted about you by other people who use our forum may also be public. For example, other people may mention you using @nickname in posts. You are responsible for your topics, posts and other information you provide through our services, and you should think carefully about what you make public, especially if it is sensitive information.
Contact forms and Email
If you email us or use one of our contact forms, we will keep the content of your message, your email address, and your contact information to respond to your request.
The IP address of visitors, user ID of logged in users, and username of login attempts are conditionally logged to check for malicious activity and to protect the site from specific kinds of attacks. Examples of conditions when logging occurs include login attempts, log out requests, requests for suspicious URLs, changes to site content, and password updates. This information is retained for 14 days.
Private Messages and Non-Public Communications
We provide certain features that let you communicate more privately or control who sees your content. For example if forum admin is enabled, you can check the “Set Topic Private” checkbox when you create a topic or click on the “Private” button of your topic first post, or use the Private Messages to have non-public conversations. In these cases we will store and process your communications and information related to them. This includes message content, images, information about whom you have communicated with and when to better understand the use of our community, to protect the safety and review any reported messages. We share the content of your Private Messages with the people you’ve sent them to; we do not use them to serve you ads. When you use features like Private Messages to communicate, remember that recipients have their own copy of your communications on [forum-name] – even if you delete your copy of those messages from your account – which they may duplicate, store, or re-share.
Please note that forum administrators may have access to your private messages in order to ensure compliance with our terms and conditions, and arbitrate forum disputes. If you do not wish forum administrators to have access to your messages, we suggest using another platform for private communication.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Embedded content from other websites
Pages or posts on this site may include embedded content (e.g. videos, images, ads, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Links to Third Party Sites
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. Visiting the login page also sets a temporary cookie that aids compatibility with some alternate login methods. This cookie contains no personal data and expires after 1 hour.
Some forms on this site require the use of Google’s reCAPTCHA service before they can be submitted. If you consent to use Google’s reCAPTCHA service, a cookie is created that stores your consent. This cookie deletes itself after thirty days.
Aggregated Statistics and Analytics
Trèsmalin may collect statistics about the behavior of visitors to its websites. Trèsmalin may display this information publicly or provide it to others. However, Trèsmalin does not disclose personally-identifying information other than as described below.
Who we share your data with
We share or disclose non-personal data, such as aggregated information like community statistics (online users, visitors, current viewers of a topic, etc…), the number of people who clicked on a particular link (number of topic views) or voted on a poll in a topic (even if only one did).
If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. This behaviour tracking allows Google to tailor the advertisements that you see on other websites to reflect your interests (but we do not publish interest-based advertisements on our website). You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com.
We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
How long we retain your data
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for six (6) years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
Security logs are retained for 14 days.
What rights you have over your data
You have the right to request a copy of your information, and to object to our use of your information. If you have registered an account on our community, we provide you with tools and account settings to access, correct, delete, or modify the personal data you provided to us which is associated with your account. You can request to download your account information, including your created content (posts). You also can request the correction, deletion, or modification of your personal data.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted.
You can request to have your account deleted. This will include personal data, profile data, created content, logs, etc. You will need to delete any cookies from your own device. Almost all browsers have an option to delete cookies.
Keep in mind that search engines and other third parties may still retain copies of your public information, like your profile information, even after we/you have deleted the information from our community.
To make any requests regarding your information stored with us, please contact us. In some cases, we may not be able to honour your request, in which case we will let you know if we are unable to and why.
Where we send your data
Trèsmalin is a Canadian company with web hosting based in the United States.
Trèsmalin discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Trèsmalin’s behalf or to provide services available at Trèsmalin’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Trèsmalin’s websites, you consent to the transfer of such information to them.
How we protect your data
We use data hosting service providers to host the information we collect, and we use technical measures to secure your data, including SSL encryption to connect with all users and two-factor authentication for users with administrative capabilities. We use secure third-party services to process payments. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
What data breach procedures we have in place
In the case of a data breach, all potentially affected users will be contacted within five (5) business days of Trèsmalin becoming aware of the breach with details about what information may have been accessed, what Trèsmalin is has done to address the breach, and what users can do to protect themselves.
If Trèsmalin, or substantially all of its assets, were acquired, or in the unlikely event that Trèsmalin goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Trèsmalin may continue to use your personal information as set forth in this policy.
We strongly recommend that you contact us using our contact form before sending us your return so that we can best resolve any concerns. By contacting us before returning your item you may confirm with us whether it is eligible for return, and if it occurs that your item is not eligible we may (at our discretion) arrange for an alternative solution to ensure your satisfaction.
You have fourteen (14) calendar days to return an item, or to contact us regarding the item you may wish to return, from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. You must provide the receipt or proof of purchase; a printed or forwarded copy of the email receipt will suffice.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). The date on which you receive your refund may vary and will depend on your card issuer’s policies.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable.
To submit inquiries about products, shipping, services, or Trèsmalin’s Terms and Conditions and any related policies, you may use our contact form below, send an email to [email protected], or make a post in our community forums.
Returns and other physical mail may be sent to the following address:
PO BOX 22153
Saskatoon SK S7H 5P1