Terms & Conditions
Last revision: May 16, 2021
The following terms & conditions govern and apply to your use of or reliance on this website (the “Website”), which is maintained by Jetpack Creative Industries Inc. (the "Company").
Your access or use of the Website indicates that you have read, understand and agree to be bound by these terms & conditions and any other applicable laws, statutes and/or regulations. We may change these terms & conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised terms & conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Company is owned by us or our licensors, including materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Company, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company. All rights are reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website, including, but not limited to: documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Products or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Company. Nothing in these terms of use may be interpreted as granting any licence of intellectual property rights to you.
3. ACCOUNT
If your use of the Website requires an account identifying you as a user of the Website (an “Account”):
a) You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account;
c) You agree that Website content accessed via a subscription or paywall is for your access only, and that by sharing access to your Account you may lose your access and forfeit subscription fees already collected regardless of the subscription period remaining; and
d) You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
4. PAYMENT
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs — all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these terms, or if we believe doing so may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
If you are unhappy with a physical product sold on our Website:
a) For physical products shipped from the Company, you may request a refund after the return, at your own expense, of items that are: i) unopened and unused, or ii) defective.
b) For physical products purchased on the Website but produced and shipped by a third party (as noted on the product page), the purchaser may be directed to process their refund or replacement with the third party.
c) For digital content, all sales are final unless an item is demonstrably defective — in which case the item will be replaced, corrected, or refunded at the Company’s discretion. For web-based game content, the default course of action will be the correction of any errors or technical issues brought to our attention.
d) For subscriptions, all sales are final once payment is processed. You may cancel your subscription at any time, but your access to the subscription content will cease immediately. We cannot re-subscribe on your behalf — you’ll have to resubscribe to authorize renewals — and partial refunds are not offered.
6. AFFILIATE MARKETING & ADVERTISING
We, through the Website and its products and services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
7. ACCEPTABLE USE OF WEBSITE
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Company, the services or the general business of Jetpack Creative Industries Inc.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
8. UNLAWFUL REPRODUCTION
You agree not to record, replicate, reproduce, screenshot, or otherwise copy or distribute content viewed on or downloaded from this Website. You agree that posting answers, spoilers, step-by-step walkthroughs, or images and recordings of games produced by the Company — online in public forums, on third party websites, in journalistic reviews, or on social media — for any purpose, will devalue those properties, will cause the Company a loss, and may result in legal action against you.
9. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.
We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on the Website. We may also track certain passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
10. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
11. INDEMNIFICATION
You defend and indemnify Jetpack Creative Industries Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney fees which may arise from or relate to your use or misuse of the Website, your breach of these terms & conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish do so.
12. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
14. VARIATION
To the extent any part or sub-part of these terms & conditions is held ineffective or invalid by any court of law, the prior, effective version of these terms & conditions be considered enforceable and valid to the fullest extent.
15. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage, interruption of access to purchased products and services, or loss caused as a result of such downtime.
16. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as-is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through its services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
17. PRIVACY
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Company are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
18. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Jetpack Creative Industries Inc. arising from your use of the Website is limited to the amount you paid to Jetpack Creative Industries Inc. in the past six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
19. THANKS FOR BEING COOL!
No joke. We appreciate everyone for being a good sport in the games, for being interested in our creations, and for being patient if anything here is temporarily unavailable or on the fritz. You’re welcome to contact us with any questions, concerns, or feedback you have, or even just to introduce yourself. Welcome to Jetpack!