YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Grit Creative Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grit Creative Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD, AND SECURITY
During registration for this Service, you will select a login and password. Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify Grit Creative Inc. of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Grit Creative Inc. will not be liable for any loss or damage arising from your failure to comply.
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Grit Creative Inc., are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Grit Creative Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Grit Creative Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree that you will not use the Service to:
- upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Grit Creative Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "affiliate marketing," "banner ads," "chain letters," "click schemes," "pyramid schemes," or any form of illegal solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email, transmit or otherwise make available any material that contains any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, prevent closing of windows, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to any regulations having the force of law;
- collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code.
- "stalk" or otherwise harass another; or
- collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Grit Creative Inc. and/or content providers who provide Content to the Service. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Grit Creative Inc. does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Grit Creative Inc. the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Service to which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Grit Creative Inc. removes such Content from the Service.
- With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Grit Creative Inc. removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
- You irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity in the Content you submit.
"Publicly accessible" areas of the Service are those areas of the Grit Creative Inc. network of properties that are intended by Grit Creative Inc. to be available to the general public.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Grit Creative Inc. through its suggestion or feedback webpages and/or email, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Grit Creative Inc. is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Grit Creative Inc. shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Grit Creative Inc. may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Grit Creative Inc. without any obligation of Grit Creative Inc. to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Grit Creative Inc. under any circumstances.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Service (including the Grit Creative Inc. login associated with your account), use of the Service, or access to the Service.
LICENSE AND SERVICE ACCESS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Grit Creative Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Grit Creative Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Grit Creative Inc. for use in accessing the Service.
All copyrighted and copyrightable materials on this Service, including, without limitation, the design, text, graphics, pictures, and other files, and the selection and arrangement ("Works") thereof are ALL RIGHTS RESERVED Copyright © 2012 Grit Creative Inc. and/or its suppliers or licensors. Except as stated herein, none of the Works may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Grit Creative Inc. or the respective copyright owner. Permission is granted to display, copy, distribute and download the Works for personal, non-commercial, and informational uses and in connection with browsing, accessing and using Grit Creative Inc.'s services; provided that, you may not, without the permission of Grit Creative Inc. or the respective copyright owner, (a) copy, publish, or post any Works on any computer network or broadcast or publications media, (b) modify the Works, and (c) remove or alter any copyright and other proprietary notices contained in the Works.
TRADEMARKS AND SERVICE MARKS
All trademarks, service marks, logos and trade names used and displayed on this Service, including without limitation the Grit Creative Inc. logo, are either owned by Grit Creative Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Grit Creative Inc. or its suppliers or licensors.
FRAMING AND META TAGS
You may not use, frame or utilize framing techniques to enclose any Grit Creative Inc. trademark, logo, or other information displayed on this Service (including the images found at this Service, the content of any text or the layout/design of any page or form contained on a page) without Grit Creative Inc.'s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Grit Creative Inc. name, trademark, or product or service name without Grit Creative Inc.'s express written consent.
Grit Creative Inc. assumes no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Service or your downloading of any materials, including, data, text, and images from this Service.
Grit Creative Inc. makes no representation, warranty, or condition regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Service, or sites linking to this Service. Such linked sites are not under the control of Grit Creative Inc. and Grit Creative Inc. is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Grit Creative Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Grit Creative Inc. of the site or any information contained therein. When leaving the Grit Creative Inc. site, you should be aware that Grit Creative Inc.'s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of the linked site.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AGGRAVATED, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
APPLICABLE LAW AND VENUE
STATUTE OF LIMITATIONS
NO THIRD PARTY BENEFICIARIES
MODIFICATIONS TO SERVICE
Grit Creative Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Grit Creative Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, provider, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Grit Creative Inc..
The Service is billed in advance on a monthly or yearly basis. A valid credit card is required. There will be no refunds or credits for partial months of service or for periods in which your account remains open but you do not use the Service.
If You are domiciled in the United States of America, all fees and transactions will be denominated in United States dollars (USD). Unless otherwise stated, all fees and transactions will be denominated in Canadian Dollars (CAD). If You make a payment that is denominated in a currency other than Canadian dollars (CAD) or United States dollars (USD), please be aware that the funds will be converted into Canadian dollars (CAD) or United States dollars (USD) by Your financial institution and You may be charged a service fee for such conversion.
All prices and fees are non-refundable unless otherwise expressly noted, even if the Service is suspended, terminated, or transferred prior to the end of the term. Grit Creative Inc. expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Service for a period of months or years, changes or modifications in prices and fees shall be effective when the Service in question come up for renewal.
If for any reason Grit Creative Inc. is unable to charge your credit card for the full amount owed for the Service provided, or if Grit Creative Inc. receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your credit card, you agree that Grit Creative Inc. may pursue all available lawful remedies in order to obtain payment, including but not limited to, suspension or immediate cancellation, without notice to you, of any domain names or Service registered or renewed on your behalf. You agree that if Your bank or credit card issuer rejects a charge your credit card, You may be liable to Grit Creative Inc. for interest, late fees and other charges. You may also be liable for any fees charged by the financial institution where You have Your bank account or, with respect to Your credit card, by the financial institution that issued You the bank card.
At our discretion, we may offer free or discounted pricing for use of the Service (a "Promotion"). Once the terms of any Promotion have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations we impose in connection with any Promotion. You may not sign-up for multiple accounts in order to receive additional benefits under any Promotion.
You may cancel your account at any time. You are solely responsible for cancelling your account. You can request cancellation of your account by calling ++1-844-294-1234 (Toll Free) or sending a message via Our contact page
. You will not be charged again.
A 24 hour notice in advance of your scheduled billing date is required. All cancellations requests made within 24 hours of a scheduled billing date will be charged in full. You will remain liable for all charges accrued on your account up to the time that you cancel, including full monthly fees for the month in which you cancel your account.
Your account and all of its Content will be deleted immediately upon your cancellation of the Service. This information cannot be recovered once Your account is cancelled.
The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
CUSTOMER COMPLAINTS PROCEDURE
If our products or services have not met your expectations or if you have a concern with Grit Creative Inc., we would like you to tell us. You can telephone, email or write to us using the contact details on this website. The telephone number is ++1-844-294-1234 (Toll Free). Complaints received by email or letter may be initially responded to by telephone.
- We aim to resolve all complaints in a positive and expedient manner. Grit Creative Inc. will try to resolve your complaint at the point of first contact. However this might not always be possible.
- Where the issues are complex, additional time may be required to allow Grit Creative Inc. to conduct proper enquiries. Where this is necessary, you will be kept informed of the progress of the investigation and the expected timeframe for completion.
- Your Grit Creative Inc. customer service representative will always provide you with his or her name. You can ask for your complaint to be escalated to a more senior person if your complaint cannot be resolved. That person will review your complaint and discuss the matter with you.
COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
It is Grit Creative Inc.'s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyright or other intellectual property rights of Grit Creative Inc. and/or others.
TAKE DOWN POLICY & NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Grit Creative Inc. with the following information in English (your "Notice"):
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the allegedly infringing material is located on the Grit Creative Inc. or service, with enough detail that we may find it on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. This signature must be witnessed by another individual of legal age. Please clearly print the name of the witness on your notice.
Your signed Notice should be mailed to:
Grit Creative Inc.
#302 - 2110 5th Avenue West.
Vancouver, B.C., V6K 1S2