Unfold Creative Studio Ltd.

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Terms of Use

1. INTRODUCTION AND ACCEPTANCE

Welcome to letitunfold.ca. letitunfold.ca (โ€œWebsite, Siteโ€) is an interactive online service operated by Unfold Creative Studio (โ€œusโ€, โ€œweโ€, or โ€œourโ€) with an online e-commerce store branded as UDesign (โ€œusโ€, โ€œweโ€, or โ€œourโ€).

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENCES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE SITE OR PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available on the same.

In addition to these Terms of Use, Unfold Creative Studio Ltd. has established a Privacy Policy to explain how user information is collected and used by Unfold Creative Studio Ltd.. A copy of the Privacy Policy can be found here and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are signifying your acknowledgement and agreement to Unfold Creative Studio Ltd.โ€™s Privacy Policy.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. CHANGES TO TERMS

Unfold Creative Studio Ltd. may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, the โ€œWebsite Contentโ€) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

4. SCOPE OF USE AND USER E-MAIL

You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that partyโ€™s permission or (iv) otherwise violate any applicable laws.

The commercial use, reproduction, transmission or distribution of any information, or other material available through the Website without the prior written consent of Unfold Creative Studio Ltd. is strictly prohibited.

5. COPYRIGHT AND TRADEMARKS

The materials at this Website, as well as the organisation and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the Website, must include Unfold Creative Studio Ltd.โ€™s copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without the prior written permission of Unfold Creative Studio Ltd.

Except as expressly provided under the โ€œScope of Useโ€ and โ€œConditions for Linking to Websiteโ€ Sections, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Unfold Creative Studio Ltd.

Unfold Creative Studio Ltd. respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@letitunfold.ca

6. USER REPRESENTATIONS

By using the Website, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms of Use;
  4. you are not a minor in the jurisdiction in which you reside;
  5. you will not access the Website through automated or non-human means, whether through a bit, script or otherwise;
  6. you will not use the Website for any illegal or unauthorized purpose; and
  7. your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

7. USER REGISTRATION

You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on our Website.

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

8. PRODUCTS

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions and pricing of products and services are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service or product.

You do not have the rights to share or sell the product to third parties, resell, sub-license or redistribute (even for free) the files, on its own or as a separate attachment, from any of your work.

9. BUYING ITEMS

When you buy an item, you acquire the right to use that item; you are not actually acquiring the item itself. What you get includes a license directly from us to use that item. Items are subject to specific terms of use and licence that is indicated once an item is purchased or downloaded.

All licences are for one personal device and one user. For licences covering multiple devices and users you need to contact us at sales@letitunfold.ca.

10. PURCHASES AND PAYMENT

All prices listed on the Website are in Canadian Dollar (CAD) unless otherwise noted, and are subject to change without any notice. All orders within Canada are subject to applicable taxes according to the Province. All orders outside of Canada will not incur any taxes.

We currently accept the following forms of payment:

 Paypal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be listed in CAD dollars.

Paypal will automatically convert to the appropriate currency. You are responsible for all costs of currency conversion. Your financial institution does the currency conversion and may charge you additional fees (we donโ€™t control either the conversion rates or your financial institutionโ€™s fees). This means that you may incur additional costs when purchasing from our Website, which we have no control over.

We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

11. REFUNDS POLICY

Due to the digital nature of our products, we have a no refund policy. However, we take into considerations when mishaps happen and we will try to help to the best of our abilities.

Any issue you may have, you must contact us and give us the opportunity to work with you and solve the problem. This must be done within 30 days from the date of your purchase.

Should we be unsuccessful in assisting you, a refund will only be considered if a request is made within 30 days from the date the item was purchased from us and refunds may only be granted under the following circumstances:

  1. File is corrupted and our support team is unable to replace it.
  2. File is misrepresented in its product description in terms of file types
  3. Missing files within the purchase and our support team is unable to replace it.

Unfortunately, we will not be able to refund your purchase under the following situations:

  1. You purchased the item by accident.
  2. You do not have the correct software / lack the expertise to use the item and its file types.
  3. You want to exchange it for another item.
  4. You or your client no longer need the item.
  5. You have trouble downloading the item, as our support team can assist you.
  6. You need a partial refund for an item you have previously purchased that is now part of a big bundle.
  7. You can not download / extract the files after purchase, as our support team can assist you, but cannot control your computer or browser.

Once a refund has been processed, the refunded item will be deleted from your account indefinitely and you agree to remove it from your computer, any potential projects it may have been used in.

All refunds are at the sole discretion of Unfold Creative Studio Ltd.

12. GUIDELINES FOR REVIEWS

We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. you should have firsthand experience with the person/entity being reviewed;
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements; and
  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

13. USER COMMENTS AND SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (Submissions) regarding the Website provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyโ€™s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this or any related website. You may not use a false eโ€‘mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. monitor the Site for violations of these Terms of Use;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  5. otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website and the E-commerce  Offerings.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the E-commerce Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or the E-commerce Offerings.

We cannot guarantee the Website and the E-commerce Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the E-commerce Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or the E-commerce Offerings during any downtime or discontinuance of the Website or the E-commerce Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or the E-commerce Offerings or to supply any corrections, updates, or releases in connection therewith.

16. CONDITIONS FOR LINKING TO WEBSITE

We hereby grant you a non-exclusive, limited licence, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All our rights and remedies are expressly reserved.

17.  LINKS

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only.ย  However, Unfold Creative Studio Ltd. does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Unfold Creative Studio Ltd.โ€™s website and the products and services Unfold Creative Studio Ltd. offers.ย  If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Unfold Creative Studio Ltd. reserves the right to terminate any link or linking program at any time. Unfold Creative Studio Ltd. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

18. AFFILIATE DISCLAIMER

Some of the sections of this site will allow you to purchase different products and services online provided by other merchants, and not us. Some of the links that we post on our site are โ€œaffiliate links.โ€ This means if you click on the link and purchase the item, we will receive an affiliate commission.

We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, a merchant will likely have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their site or on a site that we have posted a link to, the information obtained during your visit to that merchantโ€™s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected the merchant and us. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchantโ€™s website and click on its information links or contact the merchant directly.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn commission from qualifying purchases, by linking to Amazon.ca and affiliated sites.

19. ย NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Unfold Creative Studio Ltd. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other partyโ€™s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

As a user of the Website, you agree not to:

  1. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  3. Use a buying agent or purchasing agent to make purchases on the Website.
  4. Use the Website to advertise or offer to sell goods or services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Website.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Website in order to harass, abuse, or harm another person.
  14. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
  16. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
  18. Delete the copyright or other proprietary rights notice from any Content.
  19. Copy or adapt the Websiteโ€™s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any partyโ€™s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
  21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (โ€œgifsโ€), 1ร—1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as โ€œspywareโ€ or โ€œpassive collection mechanismsโ€ or โ€œpcmsโ€).
  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
  24. Use the Website in a manner inconsistent with any applicable laws or regulations.

20. ย SPAMMING

Gathering email addresses from Unfold Creative Studio Ltd. through harvesting or automated means is prohibited.  Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with Unfold Creative Studio Ltd. should be directed to info@letitunfold.ca

21. ย NO WARRANTIES

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN โ€œAS IS,โ€ โ€œAS AVAILABLEโ€ BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH UNFOLD CREATIVE STUDIO LTD. EXPRESSLY DISCLAIMS. UNFOLD CREATIVE STUDIO LTD. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND UNFOLD CREATIVE STUDIO LTD. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. UNFOLD CREATIVE STUDIO LTD. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY UNFOLD CREATIVE STUDIO LTD.

22. ย GOVERNING LAW, LOCATION AND MISCELLANEOUS

These Terms of Use shall be governed in all respects by the laws of the Province of Ontario Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

23.ย SEPARATE AGREEMENTS

You may have other agreements with Unfold Creative Studio Ltd. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Unfold Creative Studio Ltd.

24. USERS DISPUTES

You are solely responsible for your interactions with other Users. Unfold Creative Studio Ltd. reserves the right, but has no obligation, to monitor disputes between you and other Users.

25. ARBITRATION

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Unfold Creative Studio Ltd. confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the province of Ontario.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitratorโ€™s decision and any award contained therein.

26. ย LIMITATION OF LIABILITY

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. UNFOLD CREATIVE STUDIO LTD. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF UNFOLD CREATIVE STUDIO LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY UNFOLD CREATIVE STUDIO LTD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

27. INDEMNITY

You agree to defend, indemnify, and hold Unfold Creative Studio Ltd., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

28. TERMS AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE E-COMMERCE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

If you would like to request additional information regarding these Terms of Use, please contact us at info@letitunfold.ca

Effective and last updated: February 24, 2020

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