TERMS & CONDITIONS
Terms & Conditions
All material on this site is copyrighted by 1057530BC Ltd. (“Y5 Creative”) and/or its service providers and is protected by Canadian and international copyright laws. Unauthorized use of any material within the site may violate copyright law and is subject to criminal or civil penalties. All rights reserved.
Disclaimer and Limitation of Liability
The Y5 Creative website is provided “AS IS”. Y5 Creative makes no warranties or representations, either expressed or implied, of any kind as to the viability and correctness of the information, contents, and materials contained herein. You agree that Y5 Creative is not liable for damages from the use or inability to use the site and is universal in scope in respect to damages of any kind including, without limitation, direct, indirect, punitive, consequential, and unique damages.
Site Access, Content and Use
Y5 Creative grants you limited license to view, copy, distribute, or print pages from this site for personal, non-commercial and informational purposes only. Your use of this site constitutes acceptance of these terms and conditions.
Trademarks and Service Marks
Y5 Creative logos and marks are either trademarks, service marks, or pending and/or registered marks of Y5 Creative. You are not permitted any right or license to any trademark or copyright of Y5 Creative or any third party.
Notice of Change
Y5 Creative will update, change, modify and/or revise our Policy as necessary based on changes in our current business practices, structures, and/or associations and the constantly changing landscape of the Internet. When and if our Policy changes, we will post a notice of this change 30 days before implementation of such change. In the event that the information you provided us will be used differently than what was originally stated at the time you provided the information, we will post notice of these changes and give you the option of exiting out of the proposed changes. It is your responsibility to check for any updates to our Policy and notify us of your intentions concerning use of your personal information.
Once your Website is developed and ready to be viewed by the outside world, it must be transferred to a server connected to the Internet. You understand that we may use, from time to time, a third-party to provide hosting services for your website. While you are free to purchase and/or use a third-party hosting service at your own discretion, Y5 Creative shall make no guarantees to reliability, service or support when using such a service. You shall be required to pay the invoiced amount by Y5 Creative, in advance, and as long as Y5 Creative shall manage your account, prices are subject to change.
Y5 Creative does not perform back-ups for the Site’s files and the data stored therein. You undertake to constantly and continuously keep an updated copy of the Site files and data and confirm that you shall have no claim, demand and/or suit against Y5 Creative for any loss of said files and data, for any reason whatsoever.
Y5 Creative gives no undertaking that the storage of the Site, access to the Site from the Internet and any use of the files on the Site or the services to be provided by Y5 Creative will not be disturbed, will be provided in an orderly manner or without interruption, will be maintained securely and without errors, or will be immune from unauthorized access to Y5 Creative’s computers or against damages, breakdowns, mishaps, including problems with hardware, software or communication lines to the Site at Y5 Creative or any of its providers. Y5 Creative shall not bear any liability, and you shall have no claim, demand and/or suit against Y5 Creative, in the event of the above stated occurring; however, Y5 Creative will act to the best of its ability to speedily repair any such breakdown.
The foregoing shall not apply if damage, breakdowns or mishaps are caused due to gross negligence or maliciousness on the part of Y5 Creative. In such a case you will be entitled to compensation only for direct damages caused to you and you shall not be entitled to any compensation for indirect damages and/or consequential damages. Under no circumstances shall Y5 Creative’s liability under this clause exceed the amount of the monthly consideration you have paid to Y5 Creative during the six months preceding the occurrence of the damage. You declare and agree that this limitation of liability is the consequence of the distribution of risks between the parties and that it is reasonable and acceptable considering the terms of this Agreement and the amount thereunder.