Terms of Use

  1. Agreement

Grizzlies Wild Horses and More Ltd. (hereinafter referred to as “us”, “we” and/or “Grizzlies Wild Horses”), an Alberta Corporation, welcomes you to our website ( the “Site”).

By accessing and using the Site, you (the “User”) signify that you have read, fully understand and agree to be legally bound by these Terms of Use ("Terms of Use" or "Agreement") and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. This Site may be used only by persons who have reached the age of majority in the jurisdiction in which they reside. We suggest you print a copy of these Terms of Use for your records. 

We reserve the right, in our sole and absolute discretion, to modify all or a portion of these Terms of Use at any time without further notice and without incurring any liability or obligation.  If we do this, we will post the changes to these Terms of Use on the Site and will indicate at the top of this page the date these Terms of Use were last revised. Your continued access to and/or use of the Site after any such changes constitutes youracceptance of, and agreement to be legally bound by, these Terms of Use, as revised.  It is your sole responsibility to regularly check the Site to determine if there have been any changes to these Terms of Use and to review such changes. 

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

  1. Making Purchases through the Site

You may only make purchases via the Site if, and you hereby represent and warrant that you are, over the age of legal majority in the jurisdiction in which you reside. By making a purchase on this Site, you agree to pay in full the prices and any applicable taxes either by credit card or other permitted payment method, using a PayPal account. If payment for a purchase that you make on this Site is not received by us, you agree to pay all amounts due upon demand by us, and/or your purchase will be cancelled. Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars.

By making a purchase on the Site, Grizzlies Wild Horses  grants to you, in perpetuity, a non-exclusive license to use the digital photograph that is purchased (the “Photograph”), in whole or in part, for your personal, non-commercial use. For greater certainty, this limited license does not include permission to copy, redistribute, resell, reproduce or republish, in any form, any Photograph purchased on the Site. Without limiting the generality of the foregoing, and for greater certainty only, photographs may not be posted to, or reproduced or otherwise not be used on, or for the purposes of advertising, any website, including without limitation, other wildlife related websites or commercial sites.

Purchasing an item on the Site requires registration. Should you choose to order any item on the Site, you agree to provide accurate and current information about yourself as required by registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or purchasing an item on the Site, and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. Grizzlies Wild Horses  shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

In order to complete a purchase on the Site or register for the Site, you will need to provide certain information that is required to process your order, including your name, a valid billing address in Canada, and your email address(all such foregoing information, collectively, is “Data”). If you make multiple purchases with us, you must provide and keep us up to date with accurate Data, including any changes to your address, and email address.

In addition, you will be required to provide your valid payment information, including a valid accepted credit card number and expiration dates (“Financial Information”), to PayPal to facilitate payment. To complete your purchase using PayPal, you may be required to complete the PayPal registration page and provide any additional information that PayPal requires to process payment, and accept the PayPal Terms and Conditions. Your Financial Information, including your credit card information, will NOT be viewed or collected by us(Grizzlies Wild Horses). Once your payment has been processed by PayPal, PayPal will send an email confirmation using the email address that you provided to PayPal. It is RECOMMENDED that you use the same email address that you provided to us. If for any reason PayPal can’t complete the processing of your payment either by Credit Card or through your PayPal account, any item(s) that you purchased will not be available for download.

PayPal Terms and Conditions can be viewed by visiting https://cms.paypal.com/us/cgi-bin/?cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=en_US.
We reserve the right to verify the validity of all purchases and cancel any order if we find evidence of fraud or any other tampering with the purchase process or any other violation of these Terms of Use. We reserve the right to suspend or terminate this Site in the event that improper or fraudulent purchases are detected. Incomplete or improperly completed purchases will not be accepted or acknowledged.
All sales are final.

  1. Intellectual Property Rights (Re: Site Content)

The Site consists of various graphics, texts, icons and buttons that have been provided by Grizzlies Wild Horses  and/or other entities under our direction (e.g. site designers). All such content is owned by Grizzlies Wild Horses  and/or the applicable third party entity. For greater certainty, Grizzlies Wild Horses and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”). You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws.  Your use of the Site does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of Grizzlies Wild Horses’ or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Grizzlies Wild Horses. For greater certainty, you agree that you will not take any action that is inconsistent with Grizzlies Wild Horses ownership of the Site and/or Grizzlies Wild Horses’ ownership of, or any third party’s ownership of, any Site Content.  Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Site Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Site Content in any manner without the prior written consent of Grizzlies Wild Horses. Grizzlies Wild Horses hereby grants each user of this Site a limited, non-exclusive and revocable license to make personal and non-commercial use of the Site and its Site Content. For greater certainty, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). Purchasing a Photograph on the Site for your personal use is not a prohibited commercial use of the Site. This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content or Photographs contained within this Site.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Grizzlies Wild Horses or other entities.  Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by Grizzlies Wild Horses are the property of their respective owners, and, where used by Grizzlies Wild Horses are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistentwith Grizzlies Wild Horses ownership of, or any third party’s ownership of, the Trade-marks.

  1. Indemnification and Release by User

By using the Site, youhereby agree to indemnify, defend, release and hold harmless Grizzlies Wild Horses and each of its parents, subsidiaries, related companies, agents, employees, directors, successors, assigns and any fulfillment agencies (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Site, any Photograph purchased on the Site, and/or any breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.

  1. Disclaimer and Limitation of Liability

THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE, INCLUDING WITHOUT LIMITATION ANY PHOTOGRAPH PURCHASED ON THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS AS TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, OTHER THAN THOSE REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. THE RELEASEES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT PHOTOGRAPHS OR THE SITE, OR THE FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL MEET USERS’ REQUIREMENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT Grizzlies Wild Horses HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Grizzlies Wild Horses. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

  1. Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information).  In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

  1. Privacy
  2. Without limiting the generality of these Terms of Use, your use of the Site is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use.  Please carefully review our Privacy Policy.  By using the Site, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy. 
  3. Accuracy and Changes
  4. Facts and information provided by Grizzlies Wild Horses on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information on the Site without prior notice. Please consult Grizzlies Wild Horses for complete and up-to-date information on its products.
  5. Governing Law and Jurisdiction

These Terms of Use, your use of the Site, and all related matters shall be governed solely by the laws of the Province of Alberta, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. Youhereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta in the City of Calgaryin relation to all disputes arising from or related to this Agreement, your use of the Site and any related matters. 

  1. Links

This Site may contain links to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.  Any links from this Site to other websites, or references to products, services or publications other than those of Grizzlies Wild Horses, do not imply the endorsement or approval of such websites, products, services or publications by Grizzlies Wild Horses.

  1. Termination

If you breach any provision of these Terms of Use or Privacy Policy  you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.  If these Terms of Use or your permission to use the Site is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site.

  1. General

These Terms of Use constitute the entire agreement between us and you pertaining to your use of this Site, and supersede any prior agreements between you and us with respect to the subject matter hereof. If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.  These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

  1. Contact Us

If you need further assistance, or have any questions regarding this Site, please contact us via email at: grizzlywild@yahoo.com.
You may also contact us at:
Grizzlies Wild Horses and More Ltd.
Attn. Peter Hospodarec
34 Abergale Close NE
Calgary, Alberta T2A 6J1
1-403-569-0004

 

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