Last Updated: June 4, 2022
Welcome to www.irenecreativestudio.com (the “Site”). Irene Creative Studio (“we” “our” or “us”) owns and operates the Site. These terms and conditions (the “Terms”) along with the Privacy Policy, govern your use of the Site and services available through the Site (the “Services”).
Please carefully read these Terms before using the Site, as they contain important information about your rights and responsibilities. By accessing, viewing, or using the Site, you acknowledge that you have read, understand, and agree with the Terms. If you do not wish to be bound by the Terms, please do not use this site.
1. ACCEPTANCE OF TERMS
1.1 These Terms comprise an electronic contract that establishes the legally binding terms you must accept to use the Site. The Terms include the Privacy Policy.
1.2 By accessing or using the Site, you accept the Terms and agree to the terms, conditions and notices contained or referenced herein and consent to have the Terms and all notices provided to you in electronic form. The Terms may be modified by us from time to time, such modifications to be effective upon posting by us on the Site. We shall notify you of changes to the Terms through notices on the Site or by email, or both. To withdraw your consent, you must cease using the Site.
1.3 If you breach any provision of these Terms, your right to access and use the Site shall cease immediately.
2. USE OF SITE
2.1 You are not permitted to use the Site, or to assist others in using the Site:
(a) to harass or interfere with any other Site user’s use and enjoyment of the Site or to post, display, or otherwise communicate any inappropriate content including, but not limited to, the following: any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
(b) in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by the Terms;
(c) to upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(d) to send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(e) to use the Site to harvest, collect, gather or assemble information or data regarding other Site users, including e-mail addresses, without their consent;
(f) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(g) to attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
(h) to use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site;
(i) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Site; or
(j) to licence, sell, rent, or lease any part of the Site.
3. PRIVACY
3.1 We are committed to protecting your privacy. We process your information in line with our Privacy Policy. By using the Site and/or Services, you agree to the way in which we process and deal with your personal information.
4. THIRD PARTY LINKS
4.1 We may provide links through the Site to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all of the sites linked through the Site and accepts no responsibility for the contents or use of third party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at your own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.
5. AFFILIATES
5.1 From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. Such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product, or service is appropriate for you. You are assuming all risks, and you agree that we are not liable in any way for any program, product, or service that we may promote, market, share or sell on or through the Site.
6. INTELLECTUAL PROPERTY
6.1 We own and retain all proprietary rights in the Site, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of Irene Creative Studio. We grant you a nonexclusive, non-transferable, and revocable license to access and use the Site for your personal home use. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
6.2 You must receive our written permission before using any of our intellectual property for any commercial purpose. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any content of the Site for a commercial purpose. If you use our intellectual property for any non-commercial purpose, you must include a clear and obvious credit back to the Site, including links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so.
6.3 Subject to the limited licenses granted in these Terms, no licence is granted to you or any other party for the use of our intellectual property.
6.4 Any third party trademarks, service marks or other intellectual property displayed on through the Site are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third party intellectual property used in the Site, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose.
7. DISCLAIMERS
7.1 We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on the Site. We assume no liability for errors or omissions on the Site, or in other information referenced by or linked to the Site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
7.2 As such, you agree that:
(a) If you use the Site, you do so at your own and sole risk. The Site is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
(b) If you access or transmit any content through the use of the Site, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Site. We are not responsible for the conduct, whether online or offline, of any user of the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
7.3 We do not warrant that:
(a) the Site will meet your requirements;
(b) access to the Site will be uninterrupted, timely, secure, or error-free;
(c) the quality or reliability of the Site will meet your expectations;
(d) any information you provide or we collect will not be disclosed to third parties;
(e) third parties will not use your confidential information in an unauthorized manner.
9. LIMITATION OF LIABILITY
9.1. You agree that neither we nor our affiliates, officers, directors, employees, agents and licensors will be liable for any damages whatsoever, including direct, indirect, incidental, punative, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Site, even if we have been advised of the possibility of such damages.
9.2. You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Site. You acknowledge and agree that such provisions are reasonable and fair.
9.3. You agree to indemnify, defend, and hold harmless Irene Creative Studio, its affiliates, agents, employees, and contractors from and against any and all claims and expenses, including reasonable legal fees, arising out of or related in any way to your use of the Site, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.
10. TERMINATION
10.1 Without limiting our other remedies, we may immediately discontinue, suspend, terminate, or block your and any user’s access to the Site at any time, for any reason or for no reason, in our sole discretion.
11. TESTIMONIALS
Any testimonials provided on the Site are opinions of those providing them. The information provided in the testimonials is not to be relied upon to predict results or guarantee a particular outcome in your specific situation.
12. FEEDBACK
12.1. If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us as Feedback any information or ideas that you consider to be confidential or proprietary.
13. GENERAL
13.1. This Agreement shall be governed by, and construed under, the laws of the Province of British Columbia. Any legal action or proceeding with respect to this Agreement shall be brought exclusively in the courts of British Columbia and by execution of this Agreement, the Client irrevocably consents to the jurisdiction of those courts.
13.2. In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
14. CONTACT
14.1. Should you have questions regarding these Terms, please email us at [email protected].
