If you do not agree to the Terms and Conditions, please do not use this Site. In the event that any Sailboat Studios website contains terms and conditions for the use of that site which conflict with or are inconsistent with the Terms and Conditions, those terms and conditions will prevail and govern to the extent of the conflict or inconsistency in connection with the use of that site.
Sailboat Studios reserves the right to update, revise or modify these Terms and Conditions at any time, without prior notice, by updating this posting. Any such updates, revisions or modifications will become automatically effective at the time of posting. Your use of this Site following any such update, revision, or modification constitutes your agreement to follow and be bound by such revision, update or modification. We recommend you review these Terms and Conditions each time you use this Site.
The Site is owned and operated by Sailboat Studios. Unless otherwise indicated, the contents including without limitation, all logos, trademarks, service marks, trade-dress, texts, graphics, images, and the collection, organization, arrangement and assembly of the contents of this Site (collectively, the “Content”) are the property of Sailboat Studios and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property laws, including copyright, trademark and other laws and regulations. You do not acquire any ownership rights to any Content through your access to, or use of, the Site. Except as set out in the limited license next below, no Content from this Site, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without Sailboat Studios’ prior written consent. Modification of the Content or use of the Content for any other purpose is a violation of Sailboat Studios’ copyright, trademark and trade secret rights and others’ proprietary rights. The use of any Content on any other website, platform or networked computer environment for any purpose is strictly prohibited.
If you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the Software (together, the “Software”), are non-exclusively licensed to you by Sailboat Studios solely for the non-commercial purpose of using the Site. Sailboat Studios does not transfer title in and to the Software to you. As between you and Sailboat Studios, we retain full and complete right, title, and interest in and to the Software and all intellectual property rights in the Software. You may not redistribute, transmit, reproduce, publish, license, rewrite, modify, create derivative works from, transfer, sell, decompile, reverse-engineer or disassemble the Software or any component of the Site. Except as expressly provided here, no license, or other right is granted by Sailboat Studios, either directly or by implication, estoppel or otherwise under these Terms and Conditions regarding any Content, the Software, or any other intellectual property.
Users may not use the Site to transmit, distribute, store or destroy the Content or any material: (a) in violation of any applicable law or regulation; (b) in a way that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; or (c) that is defamatory, obscene, threatening, scandalous, inflammatory, profane, abusive or hateful. Users may use the Site only for lawful purposes and in compliance with the Terms and Conditions.
Despite these prohibitions, User Content provided by others may contain inaccurate, misleading, inappropriate, unlawful material. Sailboat Studios assumes no responsibility or liability for User Generated Content. If you become aware of misuse of the Site through User Generated Content, please contact Sailboat Studios to report the material.
The sender of any communications or User Generated Content to this Site or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness and accuracy.
Sailboat Studios reserves the right, in its sole discretion, to reject, refuse to post or remove any User Generated Content. However, Sailboat Studios is not obligated to monitor or edit User Generated Content. If at any time Sailboat Studios chooses, in its sole discretion, to monitor or edit User Generated Content, Sailboat Studios nonetheless assumes no responsibility for anything submitted, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. Sailboat Studios does not endorse and has no control over what users post or submit to the Site as User Generated Content. Sailboat Studios makes no warranties, express or implied, as to the accuracy and reliability of any material or information on the Site or posted as User Generated Content. You agree that Sailboat Studios accepts no liability whatsoever if it refuses to post your User Generated Content or removes it from the Site.
Sailboat Studios does not claim any ownership rights in any User Generated Content. After posting User Generated Content, you continue to retain any ownership rights you may have. However, by displaying, publishing or posting your User Generated Content, you grant to Sailboat Studios a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Generated Content on or through the Site. Sailboat Studios will treat any User Generated Content as non-confidential and public. It is recommended that you do not submit confidential or private information as User Generated Content. You also agree to permit any other user of this Site to access, view, store or reproduce your User Generated Content for that other user's personal use or otherwise in connection with use of the Site.
The licenses you grant are non-exclusive (meaning you are free to license your User Generated Content to anyone else in addition to Sailboat Studios), fully-paid and royalty-free (meaning that Sailboat Studios is not required to pay you for the use of the User Generated Content), sub-licensable, and worldwide (because the Internet and this Site are or may possibly be accessible from anywhere).
You represent and warrant that: (i) you own the User Generated Content you post, or otherwise have the right(s) to grant the license set forth herein, and (ii) the posting of your User Generated Content does not violate the privacy rights, publicity rights, copyrights, contractual rights, or any other rights of any person.
You are solely responsible for your use of Payment Processing Services to purchase any Products. We will not be responsible: (i) for any charges that the Payment Processing Services or your credit card issuer may apply to you as a result of processing your order; (ii) if a Payment Processing Service or your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification. If your payment requires a currency conversion, the terms of the currency conversion will be governed solely by the Payment Processing Service and your agreement with them.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “spamming,” or “crashing”; or (d) engaging in "screen scraping" or "database scraping” or similar practices. Violations of any system or network security may result in civil or criminal liability. Sailboat Studios will investigate occurrences which may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.
Without our prior written consent, you agree not to: (i) create or maintain any link from another website to any page on this Site; or (ii) run or display this Site or any Content in frames or through similar means on another website; or (iii) or use any meta tags or any other "hidden text" using Sailboat Studios’ name or trademarks.
In your communications with us or postings on the Site, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We shall be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Site or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
SAILBOAT STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” TO THE GREATEST EXTENT PERMITTED BY LAW, SAILBOAT STUDIOS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. SAILBOAT STUDIOS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE NOR DOES IT WARRANT THAT THE SITE’S CONTENTS WILL MEET YOUR REQUIREMENTS. SAILBOAT STUDIOS DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SAILBOAT STUDIOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT SAILBOAT STUDIOS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SAILBOAT STUDIOS SHALL HAVE THE RIGHT FOR ANY REASON, IN ITS SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO CONTENT AND USER GENERATED CONTENT, FEATURES AND HOURS OF AVAILABILITY, WITHOUT FURTHER NOTICE TO YOU.
YOU USE THIS SITE AND ITS CONTENT, INCLUDING ANY USER GENERATED CONTENT, AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL SAILBOAT STUDIOS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE OR THE CONTENTS ON THE SITE OR ANY USER GENERATED CONTENT, EVEN IF SAILBOAT STUDIOS OR AN SAILBOAT STUDIOS AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SAILBOAT STUDIOS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to defend, indemnify and hold harmless Sailboat Studios, and each of its officers, directors, employees, parents, shareholders, licensees, assigns and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content contained on the Site, in connection with any User Generated Content you post or use, or your breach of the terms of these Terms and Conditions. Sailboat Studios shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, in its sole discretion, at your expense, in defending any such claim, suit or proceeding.
By accessing the Site, you agree that the laws of the Province of Alberta and the laws of Canada applicable therein will apply to all matters relating to your use of this Site, without regard to rules relating to conflict of laws. Sailboat Studios makes no claims that the Contents may be lawfully viewed or downloaded outside of Canada. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms and Conditions must be brought in Calgary, Alberta, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Alberta, Canada.
Your access to the Site and these Terms and Conditions do not create a legal relationship between us or our respective officers, agents, or employees as partners, joint ventures, fiduciaries, employer-employee, or agents of the other.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and Sailboat Studios relating to the subject matter herein.
Sailboat Studios reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to our Site.
In our sole discretion, we may elect to cancel or terminate your ability to use the Site, or any parts thereof, at any time without notice to you.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Sailboat Studios as set forth above.