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Terms of Use
Effective Date: 2024-07-01
Welcome to Big Fish Creative (“we,” “our,” or “us”). By accessing and using our website, you agree to comply with and be bound by the following terms and conditions (“Terms of Use”). Please review the following terms carefully. If you do not agree to these terms, you should not use this site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Privacy
Your use of the Site is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
3. Use of the Site
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any other person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Site.
4. Intellectual Property Rights
All content, trademarks, service marks, trade names, logos, and icons are the property of Big Fish Creative or its licensors. You may access, download, and print materials on the Site for your personal and non-commercial use. Any other use of the content is prohibited without our prior written consent.
5. User Content
You grant Big Fish Creative 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 any content you post on the Site throughout the world in any media.
6. Links to Other Websites
The Site may contain links to third-party websites that are not owned or controlled by Big Fish Creative. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You are encouraged to read the terms and conditions and privacy policy of any third-party website you visit.
7. Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis. Big Fish Creative makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability
Big Fish Creative shall not be liable for any damages of any kind arising from the use of the Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Big Fish Creative, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
10. Governing Law
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.
11. Changes to Terms of Use
We may revise these Terms of Use at any time without notice. By using this Site, you are agreeing to be bound by the then current version of these Terms of Use.
12. Contact Information
If you have any questions about these Terms of Use, please contact us at:
Big Fish Creative
604-757-7109
[email protected]
bigfishcreative.ca