These Terms of Service, hereafter referred to as “Terms” are a legal contract between you and Bear Cloud Studios (“Bear Cloud Studios”, “BCS”, “we” or “us”) that apply when you use our website (the “Services”). It is important that you read and understand the Terms, since your access and usage of this site indicates your acceptance of the following terms of conditions, without limitation or qualification.
Bear Cloud Studios reserves the right to modify or change the Terms or any aspect of the Services at any time at our sole discretion. The most up-to-date version of these Terms can be viewed by using the “Terms of Service” link at the bottom of the Bear Cloud Studios website. Continued use of the Services after changes are posted is understood as an acceptance of the change.
You must agree that you will not use the Services for any purpose that is prohibited by these terms or is otherwise unlawful, and that you will comply with all applicable laws, as well as any conditions or restrictions imposed by these terms.
You may not use the Services to take any action that could harm us or any third party, interfere with the operation of The Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.
By using the Services, you confirm that you understand and consent to the practices outlined in our PRIVACY POLICY
Unless otherwise specified, all rights of product names, company names, trade names, logos, service marks, trade dress, slogans, product designs, and website templates and arrangements, of the Services.
All rights regarding, but not limited to, the text, images, product names, company names, trade names, logos, service marks, trade dress, slogans, and product designs of the Services, belong exclusively to Bear Cloud Studios and are protected from reproduction, imitation, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited.
Nothing contained in the Services shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Bear Cloud Studios or any third party.
Nothing contained in the Services, including but not limited to, graphics, audio, video, computer code, buttons, and text, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Bear Cloud Studios.
To register for certain Services, you will create login credentials by providing an email address to us and by selecting a username and password, as well as certain other information which you agree to keep accurate and updated. Each login is for a single user or organization, who is responsible for the usage and conduct of this account.
You must be 13 years or older to make use of the Services. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
We may charge for access to portions of the Services, and we reserve the right at any time to change the amount we charge for such access or subscriptions. In such an event, we will notify you in advance, and give you an opportunity to subscribe (or un-subscribe) to the Service(s). More information about any such subscriptions can be found on our website
The Services are provided "as is" and Bear Cloud Studios makes no representation or warranty of any kind with respect to this site or any site or service accessible through the Services. Bear Cloud Studios expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will either Bear Cloud Studios or its third-party service providers be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.
In no event shall Bear Cloud Studios or its directors, officers, agents, employees, subsidiaries, or affiliates, be liable for any direct, incidental, consequential, indirect, special or punitive damages arising out of your access, use, misuse, or inability to use the Services or any linked sites, or in connection with any failure of performance, error, transmission, computer virus, or line or system failure. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bear Cloud Studios has been advised of the possibility of such damage and apply to the fullest extent permitted by law.
You agree to indemnify and hold harmless Bear Cloud Studios and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
This Agreement shall be governed by the laws of Canada and the province of Ontario. By using the Services, you waive any claims that may arise under the laws of other provinces, territories, countries or jurisdictions.
Bear Cloud Studios may terminate this agreement for any reason at any time. Bear Cloud Studios reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
Through the use of the Services, you may be asked to agree to policies or terms and conditions in addition to these Terms. Please read and understand these additional terms before making any use of such elements of the Services. Any additional terms will not alter or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
The failure of BCS to enforce any provisions of the terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bear Cloud Studios as a result of these Terms or your access to and usage of the Services.
Unless otherwise specified herein, the Terms constitute the entire agreement between you and Bear Cloud Studios and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
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