Orisha Creative Terms of Use
These Terms of Use state how you may use our Services.
Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time without notice to you. By using any of our Services, 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 Services.
Words You Need to Understand
“Agreement” or “contract” means all of: the documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any client and/or user of any of our Services.
“Company”, “we”, “us” or “me” means Orisha Creative Corp.
“Content” includes source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics.
“Services” includes any service we provide, including creative content development, marketing and copywriting services, information products and free resources provided by the Company.
“Terms of Use” includes this document and all the standard provisions that form part of every contract we enter into with each client and user (including you) of any of our Services, as amended from time to time by us in our sole discretion, without notice to you.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any information accessed through our Site, including our Content, for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
How You May Use Our Services
You consent to use our Services as described in the following paragraphs, which collectively are referred to as the “Terms of Use”.
By using any of our Services, you agree to abide by these Terms of Use and the Contract you have signed, and you acknowledge and agree that you are required to act in accordance with them. Accessing or using our Services, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use.
All of our Services are intended solely for persons who are 18 years of age or older. Any registration by, use of, or access to any Services by anyone who is younger than 18 years of age is unauthorized, unlicensed and violates these Terms of Use. By using our Services, you represent and warrant that you are at least 18 years of age.
Intellectual Property Rights
Our Limited License to You.
Our Services are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Services in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
The Content on this Site is solely owned by or licensed to us, unless expressly indicated otherwise. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
If you access this Site or any of our Services, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use our Site or Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are being granted a limited license to use our Site and our Content, with permission and restrictions. This means that you have the limited right to use the Site and Content with certain conditions as specified in these Terms of Use.
You may download and/or print the Content on our Site or in our Services for your personal use. To clarify, you are not permitted to share, sell, reprint or republish the Content for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless you ask us in writing if you may do so, and we have given you written permission to do so.
Any trademarks, taglines, and logos displayed on our Site, Services or Content are trademarks belonging to us. All trademarks reproduced on our Site, Services or Content, of which we do not own or hold a licence, are acknowledged on our Site, Services or Content. 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.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
All rights not expressly granted in these paragraphs in these Terms of Use, in any Agreement with us or in any written licence, are reserved by us.
Information You Must Not Share with Others.
As a Licensee, you understand and acknowledge that the Content has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
You agree that you are clearly and expressly prohibited from doing any of the following acts:
You understand and agree that doing, participating in directly or indirectly or engaging in the prohibited, Improper and/or Unauthorized Use of our Content and Services 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.
Your Licence to Us.
By posting or submitting any material on or through the Site such as comments, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
Request from You for Permission to use Content
Any request for written permission to use our Content in whole or in part, or any other intellectual property or property belonging to us should be made IN WRITING – BEFORE YOU WISH TO USE IT. To ask for our permission, please contact us at the email address provided on the last page of these Terms of Use.
We very clearly state that you may not use our Services or Content in whole or in part, in any way that is contrary to these Terms of Use, unless we have given you specific WRITTEN PERMISSION to do so, in email or any other written format we determine is appropriate.
If you are granted permission by us, you agree to use the SPECIFIC CONTENT that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we say and prescribe to protect our intellectual property and ownership rights.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Services, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Services. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Services.
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 Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, 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 program, service or participant or user, including you.
Warranties Disclaimer.
We make no warranties as to our Services. You agree that our Services are provided “as is” and without warranties of any kind either express or implied. 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 the Services will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Services or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Testimonial Disclaimer.
From time to time, we may present real world experiences, testimonials and insights about other people's experiences with our Services for purposes of illustration only. The testimonials, examples and photos used are of actual clients and individuals who can speak to the quality of our Services. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
The testimonials on this website are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the website verbatim as given by the clients, except for the correction of grammar or typing errors. Some testimonials may have been shortened where the full testimonial contained information not relevant to the general public.
Technology Disclaimer.
We try to ensure that the availability and delivery of our Site and Services is uninterrupted and error-free, including our content and communications through methods like our website, email communications or any other materials provided by us to you. 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 or refunds, or for any other recourse, should our Site or Services become unavailable or access to them becomes slower 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 Site or Services inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on the Site. 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 pursuant to these Terms of Use 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.
Links to Other Websites.
We may provide you with links and pointers to other websites maintained by third parties, that may take you outside of our Services. These Resources are provided for your convenience and the inclusion of any link in our Services to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. 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 content or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
Indemnification, Limitation of Liability and Release of Claims
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 the information or materials that you request or receive through our Site and Services. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, 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. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Services. In the event that you use our Services or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
We expressly disclaim any liability for unauthorized access to or use of our Site or any Confidential Information and/or Personal Information disclosed as a result of unauthorized access. You agree to hold us harmless for any damages that may result therefrom.
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.
Your Conduct.
You are agreeing that you will not use our Site or Services in any way that causes or is likely to cause the Site or Services or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Site and Services for lawful purposes only.
Confidentiality; Use of Information
Should you opt-in to receive and/or have access to our free resources, webinars or case studies, we will use the information you provide on the Site to send you the requested resources and materials as well as to regularly provide industry tips and offers to grow your business. You can revoke permission at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at info@orishacreative.com.
Information shared on the Site shall be kept confidential but shall not be the subject of any professional privileges. We will share your information with the relevant authorities if there is a compelling reason for doing so. For example, if it is required by law.
For more information about our privacy practices read our Privacy Policy.
PRIVACY
Our Privacy Policy forms part of these Terms of Use and may be found here
Termination
You have the right to terminate your use of our Services at any time by contacting us IN WRITING, including by e-mail.
We reserve the right in our sole discretion to refuse or terminate your access to our Services, in full or in part, at any time, without notice, by sending you an email to the email address you provided to us.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Services, including but not limited to our website, private forum, email communications, Zoom calls, or conference calls, recordings of any such communications, or any other method of communications related to our Services at any time without notice and in our sole discretion.
Dispute Resolution
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, selected jointly by us. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with your Services. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Ontario.
By using our Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us.
You also agree that should arbitration take place, it will be held in the City of Toronto, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private until the resolution of the dispute including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
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.
Survival
These Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy will survive the termination of our agreement by either you or by us.
ENTIRE AGREEMENT
These Terms of Use supersede all prior representations, arrangements, negotiations, understandings and agreements between you and us, both written and oral, relating to the Services which you have purchased from us, and sets forth the entire complete and exclusive agreement and understanding between us. Further neither of us has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in these Terms of Use.
SEVERABILITY
If any provisions in the Agreement 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.
TIME
Time shall be of the essence in all respects of the Agreement.
Contacting Us
Whenever a provision in these Terms of Use state that you are to contact us in writing, we ask that you send an email to info@orishacreative.com.
If you have any questions about any provisions in these Terms of Use, please contact us.
© 2023 Orisha Creative Corp. All Rights Reserved.
