<aside> <img src="/icons/judicial-scales_gray.svg" alt="/icons/judicial-scales_gray.svg" width="40px" /> Last updated: Feb-07-2024
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This Agreement establishes a legally binding contract between WILDSHAPE CREATIVE INC., a company incorporated under the laws of the Province of British Columbia, Canada ("Wildshape"), and the individual or entity ("Client" or "you") accessing Wildshape's website (https://www.wildshape.ca) and related services. By accessing and using our services, you, as the Client, hereby agree to be bound by these terms and conditions. If you do not agree to these terms, you must cease using our services immediately. It is understood that any obligations to pay for services rendered by Wildshape will persist beyond the termination of this agreement.
Wildshape asserts its ownership and intellectual property rights over all content featured on our website, including but not limited to designs, text, graphics, logos, and trademarks, as protected under the laws of Canada and applicable international intellectual property laws. These materials are provided for your personal, non-commercial use only. Unauthorized commercial use, reproduction, distribution, or modification of these materials without Wildshape's explicit written consent is strictly prohibited.
Clients may provide materials, including design files, ideas, or feedback ("Client Materials"), for the purpose of enabling Wildshape to deliver personalized services. By submitting such Client Materials, you represent and warrant that these materials do not infringe on the intellectual property rights or other proprietary rights of third parties. You retain ownership of your Client Materials but grant Wildshape a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display these materials for the purpose of delivering our services to you and, unless explicitly directed otherwise by you, for our marketing and promotional activities.
Wildshape is dedicated to safeguarding the privacy and security of our clients' information. In the course of providing our services, we may collect, use, and store personal data in accordance with applicable data protection laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada. We commit to:
When our services require third-party services (e.g., software, widgets, fonts), we will inform you. It's your responsibility to review their terms and secure necessary licenses. Wildshape is not liable for issues arising from these services. You agree to indemnify Wildshape against any claims related to your use of third-party services.
You warrant that you have the legal capacity to agree to these terms and will not use our website for unauthorized or illegal purposes. Prohibited activities include hacking, uploading harmful content, or any action that could damage or compromise our website and services.
Wildshape provides related services as described in our service annex. Any services not explicitly mentioned require a separate agreement. You are responsible for obtaining legal or other professional advice related to your project.
Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. Wildshape expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Wildshape does not warrant that a) the service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
Services are provided by qualified personnel adhering to industry standards. Wildshape is not liable for service interruptions or the outcomes of third-party service use. Claims regarding service deficiencies must be made within 30 days for possible remediation or refund.
Wildshape's liability to you shall be limited to the fullest extent permitted by law. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, losses of profits, data, or other intangible losses, arising out of or in connection with our services, any content on our website, or any third-party services used. This limitation of liability applies regardless of the legal theory on which the liability is based and even if Wildshape has been advised of the possibility of such damages. However, this does not exclude or limit our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
You agree to indemnify, defend, and hold harmless Wildshape, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account. This includes, but is not limited to, indemnification for any claims of infringement of third-party intellectual property rights arising from the Client Materials you provide. It is your responsibility to ensure that any materials you provide for use in the service do not infringe upon the intellectual property rights of third parties.
Wildshape is committed to delivering high-quality services that meet the expectations of our clients. If you are not satisfied with the services received, please contact us within 30 days of service delivery to discuss your concerns. Eligibility for refunds will be assessed on a case-by-case basis, taking into account the nature of the work completed, the reasons for dissatisfaction, and the extent to which Wildshape has fulfilled its service obligations. If a refund is granted, certain materials or work products provided during the first month of service may remain the property of Wildshape. This policy is designed to ensure fairness to both parties while maintaining the integrity of our services.
This Agreement is governed by the laws of British Columbia, Canada. Disputes will be resolved in British Columbia courts.
Disputes should first be addressed through good faith negotiation. If unresolved, termination of the contracted work may follow, with Wildshape entitled to compensation for completed work. Both parties agree to release each other from further obligations related to the dispute upon resolution.
Wildshape reserves the right to modify these terms and will notify you of significant changes through the main contact email address you provide.
This Agreement represents the entire understanding between you and Wildshape. If any part of this Agreement is held invalid, the remainder will continue in effect. Use of our services does not create any partnership or employment relationship.
Contact: For questions, contact us at [email protected].