Terms and Conditions ("Terms")
Last updated: August 31st, 20239
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.spaceinthecity.ca website (the "Service") operated by Space in the City.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
TERMS AND CONDITIONS
By visiting and using www.spaceinthecity.ca (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions, including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the website. Space in the City Inc. (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
INTENDED AGE
All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this website.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed in accordance with the laws of the State of Ontario, Canada.
You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Ontario, Canada, without regard to conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney's fees and other legal costs.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website, and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.
THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
USE OF OUR PAID AND FREE PRODUCTS
On this website, we may provide free products for download as well as sell paid courses, programs, physical or digital products, and any other related materials (collectively, "products"). All of our products and/or services, including all content, are copyright protected under US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
NO REFUNDS, RETURNS OR EXCHANGES ALLOWED
All sales of products and/or services on this website are final. There are no refunds, returns, or exchanges allowed. There will be no exceptions. Please carefully review all products before purchasing to ensure that you have purchased the correct product. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price. Failure to use the product you purchased from us does not give you the right to refuse payment of any associated charges.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Space in the City.
Space in the City has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Space in the City shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at nicola @ spaceinthecity.ca.