Terms of use
Last modified: Sept 28, 2023
These Terms of Use (the "Terms") constitute a legally binding agreement between you and Arctic Design Corporation and its affiliated entities (collectively referred to as “Arctic Design,” "Arctic," "we," "us," or "our"). These Terms govern your use of all Arctic Design websites, software, devices, associated firmware, applications, products, and any other services, features, or content offered or provided by Arctic Design (collectively referred to as the "Services").
By accessing, using, or interacting with the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must cease accessing and using the Services. We reserve the right to revise these Terms at our sole discretion, at any time. You are responsible for periodically reviewing these Terms for any changes. Your continued use of the Services after any updates constitutes your legally binding acceptance of such changes, unless applicable law requires additional notice, in which case we will comply with the necessary notice requirements. In the event of a conflict between these Terms and any such other terms and conditions, such other terms and conditions shall control.
1. Eligibility
To use our Services, you must be over the age of majority in your jurisdiction unless your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Services.
If you are agreeing to these Terms on behalf of an organization or entity, you confirm that you have the authority to bind that organization or entity. You are prohibited from accessing or using the Services if applicable law restricts you from receiving them or if you have been previously suspended or removed from the Services.
2. Intellectual Property
The term "Content" refers to all materials, including websites, software, designs, text, art, audio, video, graphics, images, music, user interfaces, works of authorship, names, logos, trademarks, service marks, and information, that are posted, generated, provided, or made available through the Services. The Services and Content are protected by various laws, including copyright, trademark, patent, trade secret, and other intellectual property laws of Canada and foreign jurisdictions. Unless expressly stated in these Terms, Arctic Design and its licensors exclusively own all rights, titles, and interests in the Services and Content, including all associated intellectual property rights.
You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, or other proprietary rights or notices embedded in or accompanying the Services or Content. Unauthorized use of any material found on or through the Services may violate copyright laws, trademark laws, privacy and publicity laws, as well as communication regulations and statutes.
3, License
We provide you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access, view, and use the Services and Content. Additionally, you are granted the right to access and use any software embedded in our products or devices, whether provided by us or third parties. This license is specifically intended for your personal, non-commercial use and enjoyment of the Services, as permitted within the boundaries outlined in these Terms.
Except as expressly permitted in these Terms, you are prohibited from using, sublicensing, copying, adapting, modifying, translating, disclosing, creating derivative works based on, distributing, licensing, selling, renting, leasing, assigning, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the Content, Services, or any portion thereof, including any third-party software. No licenses or rights are granted to you, either implicitly or otherwise, under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
Arctic Design reserves the right to revoke this license at any time, at its sole discretion. If such revocation occurs, you are required to promptly delete or destroy all materials that you have downloaded or obtained from the Services, including any copies of such materials, whether obtained in accordance with these Terms or through other means.
4. Account registration
In order to access certain parts of the Services, it may be necessary for you to create an account. When creating an account, you may be required to provide information such as your name, email address, phone number, username, and password. It is your sole responsibility to maintain the confidentiality of your account information. You are strictly prohibited from transferring, selling, assigning, or sublicensing your account without obtaining our prior written approval. You are fully responsible for all activities and usage that occur under your account, including any unauthorized use of the Services by any individual who gains access to your account, with or without your permission. You agree to notify us immediately in the event of any unauthorized use or breach of security related to your account. Arctic Design will not be held liable for any losses incurred as a result of unauthorized use of your account. The information you submit is subject to the Arctic Design Privacy Policy.
5. User content and Feedback
You are solely responsible for any Content that you submit, display, post, or make available through the Services ("User Content"), including obtaining any necessary third-party rights for the User Content. By submitting User Content, you grant Arctic Design a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sublicensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish the User Content, in whole or in part, in any format or medium now known or developed in the future. This license includes the right for Arctic Design to use the User Content without compensating you, for any purpose, including but not limited to promoting and redistributing the Services (and derivative works thereof).
We reserve the right, at our sole discretion, to pre-screen User Content before it is displayed on the Services. We may prohibit or prevent you from posting, uploading, storing, sharing, sending, or displaying User Content through the Services at any time. Additionally, we have the right, at our sole discretion, to reject, move, edit, or remove any User Content that is submitted to the Services for any reason, including User Content that violates these Terms. Please refer to the Acceptable Use section below for more details.
We kindly request that you refrain from sending us unsolicited submissions of ideas, as we will not consider them. However, if you still choose to submit your ideas in any form, including as part of User Content or through other means ("Feedback"), the following terms will govern such submissions.
(a) Any Feedback provided shall become the sole and exclusive property of Arctic Design, without any compensation to you. By submitting Feedback, you irrevocably assign and agree to assign all rights, titles, and interests, including intellectual property rights, to Arctic Design.
(b) Arctic Design is under no obligation to treat Feedback in any specific manner and has the freedom, without providing any compensation or credit to you, to reproduce, use, disclose, and distribute Feedback. This includes any ideas, concepts, know-how, or techniques contained within the Feedback, without any restrictions, for any purpose, such as the development, manufacturing, and marketing of products and services that incorporate the Feedback.
6. Acceptable use
To ensure a safe and positive experience for all users, the following actions are strictly prohibited in connection with your use of the Services:
Abuse, defame, threaten, intimidate, stalk, harass, or harm another individual.
Advertise or solicit any user to buy or sell products or services without their explicit consent, or use information obtained from the Services to engage in such activities.
Alter or tamper with any materials associated with the Services.
Attempt to bypass or circumvent any technological measures implemented by us, our providers, or any other third party to protect or restrict access to the Services.
Attempt to decipher, decompile, disassemble, or reverse-engineer any software or underlying code used for the Services.
Disrupt, attack, modify, overwhelm, or interfere with the Services, their software, hardware, or servers.
Engage in spidering, harvesting, or using software designed to collect data from the Services without authorization.
Impede or interfere with others' use of the Services.
Impersonate any person or entity or engage in fraudulent activities like phishing.
Post or share illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or objectionable content.
Post or transmit any communication or solicitation aimed at obtaining passwords, account data, or personal information from users.
Submit content linking to multilevel marketing schemes, pyramid schemes, or off-topic material.
Send unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, or any form of solicitation.
Take actions that unreasonably or disproportionately burden our infrastructure, as determined at our sole discretion.
Transmit viruses, malicious code, or other means to disrupt or damage computers or related systems.
Scrape or crawl web pages within the Services using any means.
Use robots, spiders, scrapers, or any other automated means to access the Services.
Violate, infringe, or misappropriate intellectual property, privacy, publicity, or other legal rights of others.
Violate any law or regulation.
Advocate, encourage, or assist any third party in engaging in any of the aforementioned prohibited actions.
Please note that this list is not exhaustive, and engaging in any similar conduct that disrupts or violates the terms of use is also strictly prohibited.
In addition to the aforementioned usage restrictions, the materials available on or through the Services are provided with "RESTRICTED RIGHTS." This means that the use, duplication, or disclosure of these materials by any federal, state, provincial, or local government or authority is subject to additional limitations as outlined in relevant laws and regulations. By using the materials, such government or authority acknowledges and recognizes Arctic Design’s proprietary rights in them.
7. Privacy
To understand how we handle data, including the collection and utilization of your information, please refer to our Privacy Policy. Our Privacy Policy governs your usage of the Services and is considered an integral part of these Terms.
8. Warranty, disclaimers and limitation of liability
Unless expressly provided in writing by Arctic Design in connection with your purchase of a Arctic Design product or service, the Services and Content are provided on an "as is" basis, without any warranty, either express or implied. Arctic Design explicitly disclaims any warranty, representation, condition, or guarantee, including but not limited to any warranty of quality, merchantability, fitness for a particular purpose, title, or non-infringement. Specifically, but without limitation, Arctic Design does not warrant that: (i) the Services or Content are free of errors; (ii) the functions or features of the Services will be uninterrupted, secure, or error-free; (iii) any defects will be corrected; or (iv) the Services and Content are free of viruses or other harmful components. Arctic Design does not provide any warranty regarding the ongoing availability or continuation of the Services, including any specific software, application, or product for any particular duration. Arctic Design reserves the right to change, update, and discontinue the Services without prior notice. These disclaimers apply to the fullest extent permitted by law and will remain in effect even after the termination or expiration of these Terms or your use of the Services.
You acknowledge and agree that, to the maximum extent permitted by law, you assume full responsibility for any risks associated with your access to and use of the Services and Content. To the fullest extent permitted by law, Arctic Design, its affiliates, and any other party involved in creating, producing, or delivering the Services or Content, including their respective directors, officers, employees, agents, and representatives, shall not be liable to you or any other person or entity for any damages, including but not limited to direct, indirect, special, incidental, consequential, punitive, or other damages (such as loss of profits, loss of data, damage to computer or devices, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the Services, Content, or any links or connections provided by the Services. This applies regardless of whether Arctic Design has been advised of the possibility of such damages and whether the claim is based on warranty, contract, tort (including negligence), civil liability, strict liability, violation of statute, or any other legal theory.
Regardless of the circumstances, Arctic Design’s total liability arising from or in connection with these Terms or the use or inability to use the Services will not exceed either the amount paid for the specific product or service related to the claim, or $100 if the claim does not pertain to a paid product or service.
Arctic Design does not provide any warranty, endorsement, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any website featured or linked to through the Services. Arctic Design will not be involved in, or hold any responsibility for, monitoring any transaction between you and third-party providers of products or services. Arctic Design will not be held liable for any offensive or illegal conduct displayed by third parties. You voluntarily assume the risk of harm or damage resulting from the aforementioned situations.
The limitations mentioned above are essential and fundamental aspects of the agreement between Arctic Design and you. These limitations will remain in effect even if a remedy fails to achieve its intended purpose, and they will apply to the fullest extent permitted by law.
9. Indemnity
To the maximum extent permitted by law, you agree to indemnify, defend, and hold Arctic Design, its officers, directors, employees, shareholders, and representatives (including successors and assigns) harmless from any claim or demand, including reasonable attorney's fees and costs, arising out of or related to your use of the Services or Content, your connection to the Services, your exposure to Content or User Content, your violation of the Terms, your violation of any applicable laws, your submission, posting, or transmission of User Content to the Services, and/or your infringement of any rights of another party. We reserve the right, at our own expense, to assume the exclusive defence and control of any such claim or dispute, and you agree to cooperate with us in asserting any available defences.
10. Modification and Termination
Arctic Design reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) at any time, with or without notice, except where prohibited by applicable local legal requirements. Arctic Design shall not be held liable to you or any third party for any modification, suspension, or discontinuation of the Services.
We may, at our sole and absolute discretion, terminate, suspend, or deny your access to all or part of the Services at any time, for any reason or no reason at all, with or without prior notice. If we terminate your access to the Services, these Terms will be terminated, and your rights to access the Services will cease immediately. However, certain provisions of these Terms, including the Mandatory Arbitration and Class Action provisions, will still apply even after termination. Additionally, Arctic Design may, at its sole discretion, delete your account and/or User Content upon termination, and you may not be able to retrieve any information related to your account except as required by applicable law.
11. Notice of copyright infringement
Arctic Design follows the provisions of the Canadian Copyright Act and other applicable laws. As such, it is our policy to terminate the registration account of users who are found to infringe upon the intellectual property rights of third parties. Additionally, we may remove User Content that is determined to be infringing.
12. Disputes
Most disputes can be resolved without resorting to arbitration. Before taking any formal action, you will contact us at Arctic Design Corp Canada headquarters, and provide a brief, written description of the dispute and your contact information (including your user name, if your dispute relates to an account).
13. Controlling law
These Terms and their subject matter, including any actions related to them, shall be interpreted and governed by the laws of Ontario, Canada. Any dispute arising from these Terms or the use of the Services shall be initiated and conducted in the federal courts located in Ontario, Canada. By using the Services, you and Arctic Design consent to the exclusive jurisdiction of such courts.
Term definitions
Force Majeure. Arctic Design will not be held liable for any delay or failure in performance that is directly or indirectly caused by an event beyond its reasonable control.
Severability. Each provision of these Terms functions independently. If any court or competent authority determines that any provision is unlawful or unenforceable, the remaining provisions will remain fully valid and effective.
Third-Party Beneficiaries. Unless expressly stated otherwise in these Terms, no third parties shall have any rights or benefits under these Terms as third-party beneficiaries.
Entire Agreement. These Terms (including all incorporated terms and conditions) represent the complete agreement between you and Arctic Design, superseding any previous or contemporaneous agreements on the subject matter, except as explicitly stated in these Terms.
Modification. These Terms can only be modified through an agreement between you and an authorized representative of Arctic Design, explicitly referring to and specifically modifying these Terms.
No Agency. These Terms do not establish or create any agency, partnership, joint venture, or employer-employee relationship between you and Arctic Design. You do not have the right or authority to assume or create any obligations or make representations on behalf of Arctic Design or bind Arctic Design in any manner.
Electronic Processing. You acknowledge and agree that any agreements made between you and us in electronic form carry the same legal binding effect as if they were made in physical written form.
Survival. Any provision of these Terms that, by its nature, is reasonably intended to remain in effect even after the termination of these Terms shall continue to survive.
Notices. We reserve the right to provide notice to you via email, by posting a notice on the Services, or through any other method we deem appropriate. Such notice will be considered effective upon its dispatch. If you need to provide notice to us, it will be considered effective upon receipt when sent by mail to our Canadian office headquarters.
If you have any questions about these Terms, please contact us at: legal@arcticdesigncorp.com