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Terms of Use

Please read these Terms of Use carefully before using this website. We reserve the right to change these Terms of Use from time to time without notice to you. By accessing our website, now or in the future, you are agreeing immediately to the Terms of Use as they appear, and agree that you are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our website.

 

WORDS YOU NEED TO UNDERSTAND

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“Client” or “you” means client, your organization or corporation and/or user of any of our Services.

“Company”, “we”, “us”  means LUWA Studios.

“Services” means the work LUWA Studios provides you.

“Terms of Use” refers to this document.

“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, exploiting, or distributing in any manner or medium any content on this website for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.

 

YOUR CONSENT

You consent to use our website as described in the following paragraphs, which collectively are referred to as the “Terms of Use”.

By accessing our website, you agree to abide by these Terms of Use, and you acknowledge and agree that you are required to act in accordance with them. Accessing our website in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use.

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NO UNLAWFUL OR PROHIBITED USE

You are agreeing that you will not use our website in any way that causes or is likely to cause the interruption, damage, or impairment in any way to our website. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.

You must use this website for lawful purposes only.

 

THIRD-PARTY SITES (IF APPLICABLE)

There may be hyperlinks to other third-party websites, we do not guarantee the validity of any of the content found on these third-party websites. Furthermore, once you leave this website and you are no longer bound by these Terms of Use or by our privacy policy. We do not imply our endorsement, sponsorship, or approval of third-party websites or of their owners. We assume no responsibility for errors or omissions caused by other websites that may be included in our Services. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage or otherwise, that may arise from your use of these sites and, therefore, we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.

 

DISCLAIMER

To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however, and whether caused by negligence, breach of contract or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other service or user, including you.

 

We make no warranties as to the accuracy of the information on this website. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content is free of viruses or other harmful components. We do not warrant or make any representations regarding our website, it is content or any third-party websites in terms of correctness, accuracy, timeliness, reliability, or otherwise.

 

ERRORS AND OMISSIONS

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Services. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

 

FORCE MAJEURE

We shall not be liable for any loss, damage or delay in fulfilling our obligations caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.

 

INDEMNIFICATION

You agree at all times to defend, indemnify and hold us harmless, as well as any of our agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses on a solicitor-client basis, arising out of or related to our Services, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us, to the full extent permitted by applicable law.

 

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for our website or its content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions,  physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.

 

RELEASE OF CLAIMS

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.

 

TECHNOLOGY DISCLAIMER

We try to ensure that our website is uninterrupted and error-free, including all content and communications. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages if access to our website becomes slower or incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our website inaccessible to you.

 

PRIVACY AND CONFIDENTIALITY

Please refer to our privacy policy.

 

GOVERNING LAW

These Terms of Use and all contracts and agreements between us shall be construed and interpreted according to the laws and regulations of the province of Ontario and Canada regardless of your domicile, your place of residence or your physical location when you are using this website. The website is only intended to be used in the jurisdiction where it is lawfully offered.

 

INTELLECTUAL PROPERTY RIGHTS

All of the content, information, pictures, layout, look, appearances, text, designs, graphics, phrases, and logos on this website are our property, and are protected by copyright, trademark, and other intellectual property laws.

 

The content on our website is solely owned by or licensed to us unless expressly indicated otherwise. This content includes, but is not limited to, information, pictures, layout, look, appearances, text, designs, graphics, phrases, and logos. Reproduction of any of this content is prohibited.

 

Any trademarks, taglines, and logos displayed on our website are trademarks belonging to us.  All trademarks reproduced on our website, of which we do not own or hold a license, are acknowledged on our website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted in these Terms of Use.

 

All rights not expressly granted in these paragraphs in these Terms of Use or in any written license are reserved by us.

 

You understand and agree that doing, participating directly or indirectly or engaging in the prohibited, Improper and/or Unauthorized Use of our website as set forth in these Terms of Use is considered theft and stealing. You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and may be turned over to the police for investigation as a criminal offence.

 

MODIFICATION OF TO THE TERMS OF THE AGREEMENT

We reserve the right to change these Terms of Use at any time without notice to you. Any changes will be posted on the website. All changes will comply with all applicable laws.

 

SURVIVAL

These Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability and release of claims will survive the termination.

 

SEVERABILITY

If any provisions in these Terms of Use are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.

 

CONTACTING US

If you have any questions about any provisions in these Terms of Use, please contact us by email at info@luwastudios.com.

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