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Terms of Use and Agreements

Change to Terms of Use

The last time this Terms of Use was updated is located at the bottom of this page. The Terms of Use may change from time to time and use of the site is under the current rules at the time of the visit.

Introduction

Pencil/Shutter (stylized as such and in any variation [e.g. “PencilShutter”, “Pencil-Shutter”, “Pencil Shutter”], “we”, “us”, “our”) is a public-facing website (the “Website”) managed by administrative members of Pencil/Shutter (the “Team”) and ran by the owner of Pencil/Shutter (the “Owner”). In this agreement, words expressed in the singular include the plural and vice versa. This Terms of Use document lists the terms that you agree to by utilizing this Website. The information on this website provides information, opinions, references, and links (collectively, the “Content”) If you do not agree to the terms listed on this page, do not access or use this Website (including reviewing Content, uploading Content, or downloading Content) for any reason.
Pencil/Shutter has the right to amend the Terms of Use by updating this page directly at any time. As a user of this website, please check back to this page frequently for any updates to the Terms of Use. The Terms of Use are valid on the date listed in the first sentence of this paragraph under “Change to Terms of Use” and access to this Website on or after that day constitutes acceptance of the Terms of Use available on that date. If you do not agree to any amendments to the Term of Use, do not access or use the Website (including reviewing Content, uploading Content, or downloading Content) for any reason.

Terms of Use for Private Clients

The Terms of Use on this page is applicable to all users of this website. Private clients of Pencil/Shutter may have additions, deletions, or modifications to the Terms of Use that is only applicable to that individual and the individual alone. In these situations, the client will receive an individualized Terms of Use document that will act as supplementary to this one.

Ownership of Content

All Content on this website is operated by the team at Pencil/Shutter, with the exception of our authentication/authorizing software which is powered by Kinde. On occasion, other external Content may be used on this website, including text, data, graphics, images, software code, and other digital material. The respective copyright owners, if one exists, will be attributed accordingly.
Unless otherwise specified, the Website is the sole property of Pencil/Shutter and is protected by Canadian Act of Canada and international copyright or other laws governing property rights. This includes all writing and images that are available for view on this website.
The idea, image, and concept of Pencil/Shutter is solely copyright by the owner of this website.

Limited License

A limited license is available for personal, non-commercial use which allows a user non-exclusive access, view, and use of the Website. Non-Image Content may be downloaded for personal, non-commercial use. Image Content may be downloaded for personal, non-commercial use if a designated link for download is available. However, this content must not be uploaded, reposted, or otherwise shared without express prior written consent by Pencil/Shutter and/or the Team.

Restricted and Prohibited Use

You are prohibited from performing any of the following activities when accessing and using this Website:
  • Gaining unauthorized access to any portion of the Website or its server.
  • Probe or test vulnerabilities to any portion of the Website or its server.
  • Introducing viruses, malware, or ransomware to the Website, its code, or its server.
  • Circumvent the navigational structure of this Website using “page-scrapers”, “robots”, or other automatic programs, algorithms, or devices.
  • Attempt to intervene with the working of the site via software or routines, including attempting to overload the bandwidth of this Website.
  • Misidentify self when engaging with Pencil/Sutter or its team, or otherwise commit any other fraudulent activity on this Website.
  • Engage in criminally illegal behaviour against Pencil/Shutter, its Owner, or its Team, as defined by the laws of British Columbia and Canada.

Accuracy, Warranty, and Liability

Website use is provided AS-IS and AS AVAILABLE and use of this Website and its Content is an acknowledgment that it is at your own risk and liability. We are aware that the Content on this page must be as accurate as possible and so the Team aims to ensure that the information is correct and timely as of the time of publication. The Team makes no representations or warranties of any kind, whether express or implied, that the Content available and this Website is:
  • Completely accurate, reliable, or correct without error.
  • Suitable for all purposes or useful for a specific situation.
  • Available at all times and in all locations.
  • Available without interruption.
  • Free from viruses or harmful components.
  • Completely secure.
On occasion, there may be links or references on the Website to other third-party websites. While we make efforts to be aware of the content on these sites, we do not fully review content, advertising, products, services, or any other material available from third-party websites. As such, under no circumstances will Pencil/Shutter, including its Owner, its Team, its associates, or any representatives of Pencil/Shutter, be liable for any loss, injury (both personal or medical), wrongful death, improper treatment, or damage of any kind from the use of, or inability to use, third-party websites. Links or references to third-party websites are not an endorsement of its content by the Team. Users are responsible to review the Terms of Use and Privacy Policy on all linked or referenced third-party websites before using their website.

Indemnity

By using this Website, you agree to defend, indemnify, and hold harmless Pencil/Shutter, its Owner, its team members, and its associates from any and all damages, expenses, and liabilities arising from any claims, actions, causes of action, demands, mediation, arbitration or any similar proceedings, including, without limitation, reasonable legal fees, and other expenses, whether in tort, contract or otherwise, relating to or arising out of your use of this Website (or any of its Content) or any alleged violation by you of these Terms of Use.

Trademarks

Pencil/Shutter, on occasion, may utilize trade names or trademarks for identification and reference purposes only. Pencil/Shutter does not have any affiliation with any of these companies or brands that own these trade names or trademarks.

Governing Law

The Owner operates this Website from the province of British Columbia, Canada, and is governed by the laws of British Columbia and the laws of Canada, as may be applicable. Your use of this Website shall be treated as though it were performed in British Columbia Canada, without regard to any principles of conflicts of law. Any dispute or claim arising between the Terms of Use and all applicable laws are subject to the jurisdiction of the court and laws of British Columbia and Canada. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of British Columbia (and the Supreme Court of Canada) to adjudicate or determine any suit, action, or proceedings arising out of or in connection with this agreement.
Note that this Website may not represent the laws for jurisdictions outside of British Columbia, Canada. Users are responsible for ensuring that the use of this website follows local laws and are responsible for determining what those laws are. Use of this Website is not allowed in locations where this Website violates any local laws or regulations.

General

Where applicable, any breach of any provision of this Agreement (whether consented or not) does not constitute consent or waiver to any other breach of the Agreement. If any provision of this Agreement is deemed unenforceable or invalid, that specific provision will be deemed severable from the rest of this Agreement and will not affect the validity or enforceability of any other provision contained within this Agreement.
Last Updated: 2024/02/23