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Terms and Conditions

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INTRODUCTION AND ACCEPTANCE

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (the “User,” “you,” or “your”) and Cripsie (“Company,” “we,” “us,” or “our”), governing your access to and use of our website located at cripsie.ca (the “Website”), all content contained therein (the “Content”), and any services provided through the Website (the “Services”).
By accessing, browsing, or using the Website, Content, or Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must immediately discontinue your access to and use of the Website, Content, and Services. Your use of this Website is also subject to our Privacy Policy, which is incorporated herein by reference.

1. MODIFICATIONS TO TERMS

We reserve the right, at our sole discretion, to modify, amend, or update these Terms at any time without prior notification. Any changes will be effective immediately upon posting the revised Terms on the Website. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website, Content, or Services following the posting of revised Terms constitutes your acceptance of such changes. If any modification is unacceptable to you, your only recourse is to cease using the Website, Content, and Services.

2. SERVICES AND CONTENT

2.1 Description of Services

Our Website provides various features, including but not limited to informational resources, statistical data, interactive elements, user forums, downloadable materials, and other content, which may be modified, expanded, or discontinued at our sole discretion without prior notice.

2.2 Content Ownership and License

All Content provided on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

2.3 Content Usage Restrictions

The Content is provided “as is” and is intended for informational and entertainment purposes only. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content for personal, non-commercial purposes. You may download certain materials explicitly made available for download solely for your personal use, but you may not:

  • Modify, reproduce, distribute, publish, license, create derivative works from, transfer, sell, or exploit any Content without our express written permission;
  • Remove any copyright, trademark, or other proprietary notices from the Content;
  • Use the Content in a manner that suggests an association with our products, services, or brands;
  • Use the Content for any commercial purpose without our prior written consent.

3. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

3.1 “As Is” Provision

Your use of the Website, Content, and Services is at your sole risk. The Website, Content, and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied.

3.2 No Warranties

To the maximum extent permitted by applicable law, the Company and its affiliates, partners, officers, directors, employees, agents, and licensors EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, whether express or implied, including, but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
  • Warranties that the Website or Services will meet your requirements, be uninterrupted, timely, secure, or error-free;
  • Warranties regarding the accuracy, reliability, or quality of any information, Content, or Services obtained through the Website;
  • Warranties that defects in the operation or functionality of the Website or Services will be corrected.

3.3 Digital Content and Downloads

Any material downloaded or otherwise obtained through the use of the Website or Services is accessed at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data resulting from the download of any such material.

4. LIMITATION OF LIABILITY

4.1 Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

  • Loss of profits, revenue, business, anticipated savings, use, goodwill, or data;
  • Personal injury or emotional distress;
  • Cost of procurement of substitute goods or services;
  • Any other intangible losses arising from or related to:
    • Your use of or inability to use the Website, Content, or Services;
    • Any inaccuracies, errors, or omissions in the Content;
    • Unauthorized access to or alteration of your transmissions or data;
    • Statements or conduct of any third party on the Website;
    • Any other matter relating to the Website, Content, or Services.

4.2 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations in Sections 3 and 4 may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

4.3 Material Basis

You specifically acknowledge that the Company has offered the Website, Content, and Services and entered into these Terms in reliance upon the limitations of liability set forth herein, which constitute an essential basis of the bargain between the parties.

5. USER RESPONSIBILITIES AND CONDUCT

5.1 Registration and Account Information

To access certain features of the Website or Services, you may be required to register and create an account. You agree to:

  • Provide accurate, current, complete, and truthful information as prompted by any registration forms;
  • Maintain and promptly update your registration information to keep it accurate, current, and complete;
  • Be fully responsible for all activities that occur under your account;
  • Immediately notify us of any unauthorized use of your account or any other breach of security.

If we have reasonable grounds to suspect that the information you have provided is inaccurate, incomplete, untrue, or misleading, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Website or Services.

5.2 Prohibited Activities

You agree not to engage in, encourage, or facilitate any of the following prohibited activities in connection with your use of the Website, Content, or Services:

  • Upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Website;
  • Upload, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationship;
  • Upload, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, 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;
  • Interfere with or disrupt the Website, Services, or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
  • Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;
  • “Stalk” or otherwise harass another person or entity;
  • Collect or store personal data about other users without their express consent;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download, scrape, or index data from the Website, overload our servers, or otherwise abuse the Website or Services.

6. AGE RESTRICTION AND ELIGIBILITY

6.1 Age Requirements

The Website and Services are intended solely for individuals who are at least eighteen (18) years of age or older, or the age of legal majority in your jurisdiction if higher than eighteen. By accessing or using the Website, Content, or Services, you represent and warrant that you are at least eighteen years old or have reached the age of legal majority in your jurisdiction.

6.2 Parental Supervision

If you are a parent or legal guardian permitting a minor to use the Website, Content, or Services, you agree to:

  • Exercise supervision over the minor’s use of the Website, Content, and Services;
  • Assume all risks associated with the minor’s use of the Website, Content, and Services;
  • Ensure that the content on the Website is suitable for the minor;
  • Take full responsibility for the minor’s conduct and compliance with these Terms.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, disclose, and safeguard your personal information when you use the Website, Content, or Services. By using the Website, Content, or Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

7.2 Cookies and Tracking Technologies

The Website may use cookies, web beacons, and similar tracking technologies to enhance your user experience, gather statistical information about the usage of the Website, and enable certain functionality. By using the Website, you consent to our use of cookies and similar technologies in accordance with our Privacy Policy.

8. SECURITY AND ACCOUNT RESPONSIBILITY

8.1 Account Security

If you register for an account, you are responsible for maintaining the strict confidentiality of your account information, including your username and password. You agree to:

  • Create a strong, unique password;
  • Keep your login credentials confidential;
  • Log out from your account at the end of each session;
  • Notify us immediately of any unauthorized use of your account or any other breach of security.

8.2 Liability for Account Activities

You accept full responsibility for all activities that occur under your account, whether or not you authorize them. We cannot and will not be liable for any loss or damage arising from your failure to comply with the security obligations outlined herein.

8.3 Unauthorized Access

We reserve the right to terminate or suspend your account if we detect suspicious activity or believe your account has been compromised without prior notice and at our sole discretion.

9. TERMINATION AND SUSPENSION

9.1 Termination by Company

We reserve the right, at our sole discretion, to terminate, suspend, or restrict your access to the Website, Content, or Services, or any portion thereof, immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if:

  • You breach any provision of these Terms;
  • We are unable to verify or authenticate any information you provide;
  • We believe your actions may cause legal liability for you, other users, or us;
  • We decide to cease operations or to discontinue the Website or Services otherwise;
  • We are required to do so by law or regulatory authority.

9.2 Termination by User

You may terminate your account and discontinue use of the Website at any time by contacting us with your request or, if available, by using the account termination functionality provided on the Website.

9.3 Effect of Termination

Upon termination:

  • Your right to access and use the Website, Content, and Services will immediately cease;
  • We may delete or deactivate your account and all related information and files;
  • Any provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

10.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by arbitration in accordance with the rules of [Relevant Arbitration Authority] in effect at the time of the dispute. The arbitration shall take place in [Your City, Your Jurisdiction], and shall be conducted in the English language.

10.3 Injunctive Relief

Notwithstanding the foregoing, the Company shall be entitled to seek injunctive relief or other equitable remedies in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary rights.

11. INTELLECTUAL PROPERTY

11.1 Ownership

All intellectual property rights in the Website, Content, and Services, including but not limited to copyrights, patents, trademarks, trade names, and service marks, are owned by the Company or its licensors.

11.2 Feedback

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Website, Content, or Services (“Feedback”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your use of the Website, Content, or Services;
  • Any User Content you post, upload, use, distribute, store, or otherwise transmit through the Website or Services;
  • Your violation of any rights of another person or entity;
  • Your violation of any applicable laws, rules, or regulations.