TERMS & CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS AT ANY TIME. PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THE TERMS WILL MEAN YOU ACCEPT THE CHANGES.
This is a legal agreement between you (“you” or “user”) and Shifting Pictures, which states the material terms and conditions that govern your use of the Website. This agreement includes all updates, supplements and additional terms (collectively, the “Agreement”).
By accessing or using the Website you acknowledge and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms and all notices provided to you in electronic form. IF YOU DO NOT AGREE TO THE TERMS OR CONDITIONS STATED HEREIN, PLEASE IMMEDIATELY STOP ACCESSING AND/OR USING THE WEBSITE.
The Terms may be modified by us from time to time and such modifications become effective upon posting on the Website. We will notify you of changes to the Terms through notices on the Website, by email, or by both methods. To withdraw your consent, you must cease using the Website.
If you breach any provision of this Agreement, your right to access and use the Website will cease immediately.
USE OF THE WEBSITE
Subject to your agreement to the Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and make personal, non-commercial use of the Website. You do not have authorization to download or modify any portion of the Website, except that you may download handouts and other course related resources from your User Account (defined hereinafter). All rights not expressly granted to you in these Terms are reserved and retained by the Shifting Pictures. This license does not grant you the right to use the Website or sell any contents thereof for a commercial purpose. You are NOT authorized to collect and use any descriptions, product listings or any other written content on the Website nor are you permitted to download or copy any written content on the Website or account information for the benefit of yourself, another person or another entity. Any unauthorized use of the Website immediately terminates any access or license granted by Shifting Pictures to you.
You are not permitted to use the Website:
- to take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionate burden on the Website and servers;
- to interfere with or attempt to interfere with the functioning of the Website or any activities conducted on the Website;
- to bypass any measures we may set to prevent or restrict access to the Website;
- in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by the Terms;
- to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- to send through or post on the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- to use the Website to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
- to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
- to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
- to harass or interfere with any other Website user’s use and enjoyment of the Website;
- to use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website;
- to tamper with, modify, copy without express written permission, amend, make derivative or reverse engineer any part of the Website; or
- to license, sublicense, sell, rent or lease any part of the Website.
You consent to receiving electronic communication from us by email, through your User Account, text message or push notification.
You will be required to create a user account (“User Account”) with a valid email address, username, and password. You will use your User Account to access the course(s) (individually “Course”) delivered through the Website. By creating a User Account, you represent and warrant that all information is true and accurate. You agree to keep your User Account login details confidential and secure, and you acknowledge and agree that you are solely responsible for the confidentiality of your User Account. You are solely responsible for all activity on your User Account, including but not limited to all purchases of products and services through the Website even if, contrary to this Agreement, someone else uses your User Account.
You agree to immediately notify the Company of any unauthorized use of your User Account.
You acknowledge and agree that the Company may, to the extent permitted by applicable law, disclose your information if the Company is required to do so by law.
Upon full payment of all fees payable by you to Shifting Pictures for any services that will be delivered through the Website and written notice fourteen (14) days prior to the delivery of such service, you may postpone your attendance in such session or seminar to a date within the same year.
Shifting Pictures owns and retains all proprietary rights of the Website, and in all content, trademarks, trade names, documents and other materials, and other intellectual property and proprietary materials related thereto (the “Intellectual Property”). Subject to the limited licenses granted in this Agreement, no license is granted to you or any other party for the use of our Intellectual Property. No license to sell or distribute the Intellectual Property is granted or implied. You agree to not copy, modify, transmit or create any derivative works from, make use of, or reproduce the Intellectual Property in any way.
Any third-party trademarks or other intellectual property displayed on the Website are used with the authorization of the owner of the intellectual property. We cannot and do not authorize you to use, reproduce or modify any third-party intellectual property used on the Website.
THIRD-PARTY LINKS AND AFFILIATES
We may provide links through the Website to the applications and/or websites of third parties. Shifting Pictures does not endorse nor is Shifting Pictures affiliated with such third parties. These applications or websites are owned and operated by third parties over whom we do not have control. We have not thoroughly reviewed each application or website linked through the Website. We accept no responsibility for the contents or your use of such third-party applications and/or websites. The inclusion of any link does not imply endorsement by us of the applications and/or websites, and use of any such linked applications and/or websites is at your own risk.
You will not use Shifting Pictures’ name to imply our endorsement of any advertising or written material including but not limited to blog posts, newsletters, book(s), articles or programs, without our express written consent.
You may post reviews, comments and/or questions (collectively, “Post”) on the Website. If you make such a Post or if we request or permit you to submit content of any kind (“User Submission”), you agree that any Post and/or User Submission will abide by the Terms. Your Post or User Submission is not confidential, and you acknowledge and agree that we are not under an obligation to keep any Post or User Submission confidential. We do not endorse any Post or User Submission, and you will not claim that we endorse your Post or User Submission. We will not verify the creditability of any Post or User Submission.
You acknowledge and agree that your Post and/or User Submission will be your original work and will not infringe on any third party’s intellectual property right or privacy right. Your Post or User Submission will remain your intellectual property. By submitting the Post and/or User Submission, you grant Shifting Pictures a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content, in whole or in part, and in any form throughout the world in any media or technology, including all advertising, marketing, promotion, publicity and any other ancillary uses thereof.
Your Post and/or User Submission will not be commercial in nature, promotional, or advertise any other service, product, or person. Your Post or User Submission will not contain illegal, inappropriate, intimidating, defamatory, invasive, violent, sexually explicit, obscene or indecent messages. You will not submit or post a message that contains viruses, chain letters, political campaigns or spam. Your Post or User Submission cannot include negative comments relating to ethnicity, race, gender, sexual orientation and/or disability. You will not provide us with any false information, impersonate another individual or entity or make any misrepresentations to us or other users of the Website.
PLEASE REFRAIN FROM POSTING PERSONAL INFORMATION SINCE YOUR POST AND/OR USER SUBMISSION WILL BE PUBLICLY POSTED.
We may refuse to post, remove or edit any Post and/or User Submission for any reason and without notice to you.
Shifting Pictures may take photograph(s) or electronic media image(s) of you (collectively, “Images”). You acknowledge and agree that Shifting Pictures may use your Images for advertising, marketing or other promotional purposes. Shifting Pictures will not print or otherwise associate your name with any Images in any advertisement, marketing or promotional materials.
REPRESENTATIONS AND WARRANTIES
You are responsible for your Post and User Submission. You represent and warrant the following:
- you are of the age of majority in the jurisdiction you reside;
- any Post or User Submission you submit will not contain any misrepresentations or be unlawful, defamatory, obscene or violate any law;
- you own all of the rights to the content that you post;
- the content you post or submit is accurate; and
- the Post and/or User Submission does not violate the Terms and will not cause injury to any person.
You agree to indemnify, defend and hold harmless Shifting Pictures for any and all claims resulting from any such Post and/or User Submission.
While we aim to provide accurate and up-to-date information at all times, we make no representations or warranties about the accuracy or completeness of any information contained on the Website.
By accessing the Website, you acknowledge and agree that:
- Your use of the Website is at your own risk. The Website is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied.
- Any content or information that you transmit is at your sole discretion and risk. You are solely responsible for any loss or damage that may arise from such transmittal. We are not responsible for any incorrect, inaccurate or unreliable content in connection with the Website.
- We are not responsible for any user conduct, whether online or offline.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorized access to, or alteration of, the Website or any User Account(s).
We do not guarantee that:
- the Website will meet your requirements;
- access to the Website will be uninterrupted, timely, secure, or error-free;
- the quality or reliability of the Website will meet your expectations;
- defects will be corrected;
- the content is or will be free of viruses; and
- any information you provide to us or we collect will not be disclosed to third parties.
LIMITATION OF LIABILITY
You agree that we will not be liable for any harm, injury, loss, or damages of any kind incurred by you or anyone else, whether based in a contract, tort (including negligence), strict liability or otherwise, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, arising from, relating to, or connected with:
- your access to the Website;
- the use, reliance on, or inability to use the Website or contents thereof;
- reliance by a user on any information or content displayed or obtained from the Website;
- failure of performance, resulting from acts of God, communication failure, destruction, theft, unauthorized access;
- actions or inactions of any third party for any reason; or
- any other matter arising from, relating to or connected with the Website or the Terms
We will not be liable for damages or any failure or delay in performing under the Terms where such failure or delay is due to causes beyond our reasonable control, including but not limited to natural catastrophes, governmental acts or omissions, laws, orders or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns, the inability to procure supplies or materials or health emergencies such as an epidemic or pandemic.
You agree that the above disclaimers and these limitations of liability are an agreed-upon allocation of risk between you and Shifting Pictures. You acknowledge and agree that if you did not agree to these limitations of liability, you would not be permitted to access the Website and that such provisions are reasonable and fair.
You agree to indemnify, defend and hold harmless the Company, its subsidiaries and affiliates, and their respective shareholders, directors, officers, employees, contractors, partners, service providers, associates, joint ventures, agents, executors, administrators, successors and representatives, clients and customers (each an “Indemnified Party”), from any and all claims, debts, demands, suits, actions, proceedings, damages, loss, costs or expenses, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses incurred in connection with any investigation, third party claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your access or use of the Website, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of the Terms and/or any of the representations and warranties set forth above.
If you created a User Account through our Website, you are solely responsible for any and all activities that occur under your account. You agree to indemnify, defend and hold harmless any Indemnified Party for any liability or expense that arises from such use or misuse. You will immediately notify us in writing of any unauthorized use of your User Account or any other breach of security known to you.
If a dispute arises among you and another user, you hereby release Shifting Pictures and our directors, officers, shareholders, subsidiaries, partners, joint ventures, employees, contractors, agents, affiliates, executors, administrators, successors, representatives and assigns from any claim, demand, loss and damages of every kind and nature arising out of or relating to such dispute.
ANNUAL MEMBERSHIPS, REFUNDS AND COURSE CANCELLATION
- The annual membership fee (as described on our Website) is renewed each year. If you wish to cancel the annual membership, you will deliver written notice to Shifting Pictures of your intention at least seven (7) days prior to the membership renewal date (as listed on your invoice).
- Activation fees and fees for monthly professional development speakers (the “Non-Refundable Fees”) are non-refundable.
- If you cancel your membership with Shifting Pictures and re-activate your membership or create a new membership, then you will pay a new membership fee at that time.
- Upon delivery of written notice to Shifting Pictures at least eleven (11) days prior to the commencement of the Course, you may cancel your registration in the Course. Upon such notice, Shifting Pictures will refund you the Course fees within a reasonable period of time, except that Shifting Pictures will retain the following:
- a non-refundable administrative fee of $100.00 CAD plus applicable taxes; and
- the Non-Refundable Fees.
- Upon delivery of written notice to Shifting Pictures between three (3) to ten (10) days prior to the commencement of the Course, you may cancel your registration in the Course. Upon such notice, Shifting Pictures will refund you 50% of the Course fee within a reasonable period of time.
- If you cancel your registration in the Course within 72 hours prior to the commencement of the Course, Shifting Pictures will not refund any fees.
- Upon written notice 72 hours in advance to Shifting Pictures of your intention to cancel one (1) or more Courses which was/were purchased as a Course Combo or Special Package (as defined on our Website), Shifting Pictures will refund the Course with the lesser value within a reasonable period of time thereafter.
You acknowledge and agree that we, in our sole discretion, may suspend or terminate your access to the Website for any reason, including, without limitation, your breach of the Terms, potential harm to another user or the potential breach of any applicable law. You acknowledge and agree that we are not required to disclose the reason for termination to you, and we will not provide you with prior notice of the termination of your access to the Website. We may immediately deactivate or delete your account and prevent you from accessing the Website. We will not be liable to you or any third party for any loss, costs or damages of any kind for or resulting from any termination of your access to the Website. Upon termination, your information may be deleted or kept as necessary.
In the event a dispute arises out of or in connection with the Terms, the user and Shifting Pictures will attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period, then any or all outstanding issues will be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the user and Shifting Pictures. Each party will be responsible for costs, legal expenses, attorney’s fees and other fees it incurs as a result of the mediation. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority will be the BCICAC and the case will be administered by the BCICAC in accordance with its Rules. Each party will be responsible for costs, legal expenses, attorney’s fees and other fees it incurs as a result of the arbitration.
The Terms will be governed by and construed under, the laws of the Province of British Columbia.
In the event that any portion of the Terms is held to be unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions will remain in full force and effect.
No failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right.
The Terms constitute the entire agreement between you and us with respect to your use of the Website. The Terms supersede and cancel all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral or written between you and us with respect to your use of the Website.
The Terms will be binding on and enure to the benefit of the heirs, executors, administrators, successors, representatives and assigns of the parties.
The singular of any term includes the plural, and vice versa as the context requires. The use of any term referable to a particular gender is equally applicable to any gender as the context requires and, where applicable, a body corporate.
If you have any questions about the Terms, please contact us at: [email protected] by telephone: 1-604-336-0224 or by registered mail to:
1424 Commercial Drive, PO Box 21628
Vancouver, British Columbia, Canada V5L 3X0