Hid­den Spec­trum Inc. TERMS & CONDITIONS

Hid­den Spec­trum Inc. and/or its affil­i­ates (“Hid­den Spec­trum Inc.”) offers this web­site and all infor­ma­tion,  prod­ucts and ser­vices avail­able from this web­site or offered as a part of or in con­junc­tion with this web­site (col­lec­tively, the “Web­site”) to you, the user, con­di­tioned upon your accep­tance of all of the terms, con­di­tions, poli­cies and notices set forth below, includ­ing the sep­a­rately posted Pri­vacy State­ment (col­lec­tively, the “Terms and Con­di­tions”). YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.

CHANGES

Hid­den Spec­trum Inc. reserves the right to make changes to any or all of the Terms and Con­di­tions or to add new terms and con­di­tions effec­tive imme­di­ately upon notice, which may be given by any means, includ­ing by post­ing the changed or new Terms and Con­di­tions on the Web­site. It is your respon­si­bil­ity to review the Terms and Con­di­tions from time to time to make sure you are aware of any changes. BY CONTINUING TO USE THE WEBSITE AFTER THE DATE OF ANY CHANGE, YOU ARE AGREEING TO SUCH CHANGE MADE BY HIDDEN SPECTRUM INC.

Hid­den Spec­trum Inc. reserves the right to mod­ify the infor­ma­tion con­tained in the Web­site with­out notice, and makes no com­mit­ment to update the infor­ma­tion con­tained in the Website.

LINKS TO THIRD PARTY WEBSITES

The Web­site may con­tain hyper­links to other web­sites. Such links are meant solely for your con­ve­nience and are accessed at your own risk. Hid­den Spec­trum Inc. has no con­trol over, and is not respon­si­ble for the con­tent found on, exter­nal web­sites. Links to such third party web­sites, includ­ing links to Hid­den Spec­trum Inc.’s affil­i­ates, part­ners, deal­ers, dis­trib­u­tors and related enti­ties, do not con­sti­tute spon­sor­ship, endorse­ment or approval of such web­sites or the con­tents thereof.

ELECTRONIC COMMUNICATIONS

When you visit the web­site or send e-mails to us, you are com­mu­ni­cat­ing with us elec­tron­i­cally. You con­sent to receive com­mu­ni­ca­tions from us elec­tron­i­cally. We will com­mu­ni­cate with you by e-mail or by post­ing notices on the Web­site. You agree that all agree­ments, notices, dis­clo­sures and other com­mu­ni­ca­tions that we pro­vide to you elec­tron­i­cally sat­isfy any legal require­ment that such com­mu­ni­ca­tions be in writing.

PRIVACY

For infor­ma­tion con­cern­ing Hid­den Spec­trum Inc.’s pri­vacy pol­icy, please read its Pri­vacy Pol­icy.

INDEMNIFICATION

You agree to defend, indem­nify, and hold harm­less Hid­den Spec­trum Inc. and its affil­i­ates, direc­tors, offi­cers, employ­ees and agents from and against any and all claims, losses, dam­ages, lia­bil­i­ties, and costs (includ­ing but not lim­ited to rea­son­able attor­neys’ fees and court costs) aris­ing out of or relat­ing to your breach of the Terms and Con­di­tions or your access to or use of the Website.

TERMINATION

Hid­den Spec­trum Inc. reserves the right to ter­mi­nate at any time with­out notice: (i) your use of all or any por­tion of the Web­site, (ii) all or any por­tion of the Web­site, or (iii) all or any por­tion of the Terms and Con­di­tions. The dis­claimers, indem­ni­ties and lim­i­ta­tions of lia­bil­ity in the Terms and Con­di­tions shall sur­vive ter­mi­na­tion of any of the foregoing.

NO WARRANTIES

THE INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS AS TO ACCURACY, COMPLETENESS OR TIMELINESS. HIDDEN SPECTRUM INC. DOES NOT WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF MATERIALS OR IMAGES DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES UNRELATED TO HIDDEN SPECTRUM INC. HIDDEN SPECTRUM INC. DOES NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM HIDDEN SPECTRUM INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USE THE WEBSITE AT YOUR OWN RISK. ALL PRODUCTS SOLD BY HIDDEN SPECTRUM INC. ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS AS SET FORTH IN THE GENERAL TERMS AND CONDITIONS OF SALE FOR THOSE PRODUCTS AND SERVICES. EXCEPT AS EXPRESSLY STATED THEREIN, HIDDEN SPECTRUM INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, ONLY THE EXCLUSIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL HIDDEN SPECTRUM INC. OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. HIDDEN SPECTRUM INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OPERATION OF THE WEBSITE. HIDDEN SPECTRUM INC. ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY FILES, IMAGES, TEXT OR OTHER MATERIALS FROM THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF HIDDEN SPECTRUM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES; THEREFORE, ONLY THE EXCLUSIONS OR LIMITATIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF HIDDEN SPECTRUM INC. WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that we have pub­lished an image or text that con­sti­tutes copy­right infringe­ment or your intel­lec­tual prop­erty rights have oth­er­wise been vio­lated, please pro­vide us with writ­ten notice con­tain­ing the fol­low­ing information:

1. your name, address, tele­phone num­ber, fac­sim­ile num­ber and e-mail address;

2. the name and an elec­tronic or phys­i­cal sig­na­ture of the per­son autho­rized to act on behalf of the owner of the copy­right or other intel­lec­tual prop­erty interest;

3. a descrip­tion of the copy­righted work or other intel­lec­tual prop­erty that you claim has been infringed;

4. a descrip­tion of the image or text you claim is infringing;

5. the exact per­ma­nent URL for the page or a descrip­tion of where the image or text that you claim is infring­ing is located on the Website;

6. evi­dence and infor­ma­tion estab­lish­ing or sup­port­ing own­er­ship of a copy­right or intel­lec­tual prop­erty right which is being infringed upon;

7. a state­ment by you that you have a good faith belief that the dis­puted use is not autho­rized by the copy­right or other intel­lec­tual prop­erty owner, its agent, or the law; and

8. a state­ment by you, under penalty of per­jury, that the above infor­ma­tion in your notice is accu­rate and that you are the copy­right or other intel­lec­tual prop­erty owner or are autho­rized to act on behalf of the copy­right or other intel­lec­tual prop­erty owner.

Notices of claims of copy­right or other intel­lec­tual prop­erty infringe­ment should be directed to:

WEB MANAGER
Hid­den Spec­trum
#102 — 4867 Main Street
Van­cou­ver B.C.
CANADA   V5V 3R9
studio@hiddenspectrum.com

SEVERABILITY — NO WAIVER

If any pro­vi­sion of the Terms and Con­di­tions is held unen­force­able or invalid, such pro­vi­sion will be removed with­out affect­ing any other pro­vi­sion and the remain­ing pro­vi­sions will con­tinue to be valid and enforce­able and con­strued in accor­dance with applic­a­ble law as nearly as pos­si­ble to reflect the orig­i­nal inten­tions of Hid­den Spec­trum Inc. Fail­ure by Hid­den Spec­trum Inc. to enforce any pro­vi­sion of the Terms and Con­di­tions shall not be con­strued as a waiver of any pro­vi­sion or right.

ENTIRE AGREEMENT

The Terms and Con­di­tions con­sti­tute the entire agree­ment and under­stand­ing between you and Hid­den Spec­trum Inc. with respect to use of the Web­site, super­sed­ing all prior or con­tem­po­ra­ne­ous agree­ments, com­mu­ni­ca­tions and/or proposals.