Please read these terms of use carefully before using this website (https://www.studiojayne.com/) as they represent a binding agreement between each user of our website (“you” or “your”) and [Studio Jayne] (referred to as “Studio Jayne”, “we”, “us” or “our”).
If you wish to access and use our website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website.
You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.
These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes.
You hereby represent and warrant that, and you will use our website only if, at the time of use, you or your parent/guardian supervising your use of the website: (i) are/is at least the legal age of majority in your jurisdiction; (ii) can lawfully enter into and form contracts in accordance with applicable local laws; and (iii) have/has reviewed and agreed to these terms of use.
The website is only intended for access and use by users located within Canada. If you access our website from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Studio Jayne grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal or internal business use, and in compliance with all applicable laws. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license. For greater certainty, Studio Jayne, in its sole discretion, may also terminate or suspend your license to use the website and/or your account for any reason or no reason, with or without notice to you.
All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.
Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Studio Jayne.
You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Studio Jayne, and agree to abide by any and all copyright notices displayed on our website. For greater certainty, the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without Studio Jayne’s prior written approval.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.
You grant to Studio Jayne and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.
In your dealings with us, including to the extent that our website permits you to email or otherwise make available content, you agree not to email or otherwise make available content that:
We have no obligation, nor any responsibility to any party to monitor the website, and do not and cannot undertake to review material that you or other users submit. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
If you believe that a user of our website has provided false information, has acted illegally or unethically, or is abusing our website or its purpose in any way, you should notify us.
Our website may offer access to third party websites and content available over the Internet. Studio Jayne generally exercises no control over such third party websites and content. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by Studio Jayne of such content. Studio Jayne shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred in connection with your use of, or reliance on, any third party websites or content.
OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
We make no representation or warranty that the Content is accurate or complete, or that the website will operate error free or in an uninterrupted fashion, or that the website, or any files or information that you download from the website, will be secure and/or free of malicious code. Studio Jayne and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages in excess of [CDN$100]; or (ii) special, indirect, incidental, punitive, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or our website. This limitation applies even if we have been advised of the possibility of such damage.
You agree to indemnify and hold Studio Jayne and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.
These terms of use constitute the entire agreement between you and Studio Jayne regarding your use of our website, superseding any prior agreements between you and Studio Jayne. These terms of use and the relationship between you and Studio Jayne shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Studio Jayne agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect.
