Terms and Conditions

• 4.1 We reserve the right to refuse service to anyone for any reason at any time.
• 4.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• 4.3 You must not transmit any viruses or any code of a destructive nature.
• 4.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
• 4.5 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• 4.6 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
• 4.7 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

• 5.1 This site may include a variety of features that allow feedback to us and real-time interaction between us and members. We do not control the information posted by members and are not responsible for the content of such information. It is a condition of your use of the site that you do not:

• Restrict or inhibit any other user from using and enjoying the site.
• Use the site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the site.
• Use the site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the site, or any account, computer system, or network connected to this site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.
• Use the site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages.
• The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.
• You must not impersonate other people, particularly employees and representatives of Blueberry Studio or Our affiliates.

• 5.2 Blueberry Studio may host message boards, chats and other public forums on its site. Any user failing to comply with the terms and conditions of this agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Blueberry Studio or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Blueberry Studio staff, Blueberry Studio’s outside contributors, or by users not connected with Blueberry Studio, some of whom may employ anonymous user names. Blueberry Studio expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Blueberry Studio or any of its subsidiaries or affiliates.
• 5.3 Blueberry Studio has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, reviews or other public forums on the site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
• 5.4 Blueberry Studio reserves the right to monitor any and all communications made to Us or using Our System. Blueberry Studio may retain copies of any and all communications made to us or using our System.

• 6.1 To access certain features of the site, we may ask you to provide certain personal information, including your name, email address, telephone number, and employment or educational information. You agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
• 6.2 To use certain features of the site, you will need a username and password. When choosing your username you are required to adhere to the terms set out above in Clause 5. Any failure to do so could result in the suspension and/or deletion of your Account. You are responsible for maintaining the confidentiality of the password and account, and to ensure that you exit from your account at the end of each session. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any suspected unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect Blueberry Studio or third parties as a result of the incorrect use, loss or theft of your password or account.

• 7.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
• 7.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

• 8.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Blueberry Studio correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
• 8.2 Where appropriate, you may be required to select the required Plan of Services.
• 8.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
• 8.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
• 8.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

• 9.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Blueberry Studio and you.
• 9.2 Order confirmations under sub-Clause 9.1 will be sent to you before the Services begin and shall contain the following information:

• Confirmation of the Services ordered including full details of the main characteristics of those Services;
• Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
• Relevant times and dates for the provision of the Services; and
• User credentials and relevant information for accessing those services.

• 9.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
• 9.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
• 9.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so.
• 9.6 Blueberry Studio shall use all our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake.
• 9.7 Additional terms and conditions may apply to the provision of certain Services (hereinafter “Specific Terms”). You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
• 9.8 Blueberry Studio may provide technical support via our online support forum. Blueberry Studio makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

• 10.1 We want you to be completely satisfied with the Products or Services you order from Blueberry Studio. If you need to speak to us about your Order, then please contact customer care by email at info@blueberrystudio.ca. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply. 
• 10.2 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Blueberry Studio and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform us immediately using the following email: info@blueberrystudio.ca. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 10.3.
• 10.3. If the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:

• If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
• If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform us that you wish to cancel.
• Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
  

• 11.1 Subject to the exceptions in Clause 12 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Blueberry Studio, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Canadian and International intellectual property and other laws.
• 11.2 Subject to Clause 13 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.

• 12.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
• 12.2 Subject to Clause 13 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Material from the Website may be re-used without written permission where any of the exceptions of “fair use” or “Fair Dealing” apply under local copyright legislation.

• 14.1 Either Blueberry Studio or you may terminate your Account.
• 14.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
• 14.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

• 15.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• 15.2 You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• 15.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• 15.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

• 16.1 Certain content, products and services available via our Service may include materials from third-parties.
• 16.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
• 16.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

• 19.1 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
• 19.2 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable, including without limitation the accuracy of any credentials provided by any user of the site whether provided to us, by us or otherwise produced to you.
• 19.3 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• 19.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
• 19.5 No part of this Website is intended to constitute a contractual offer capable of acceptance.
• 19.6 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Blueberry Studio, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

• 24.1 All notices / communications shall be given to us by email to info@blueberrystudio.ca. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
• 24.2 We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.