Terms & Conditions
Effective date: May 16th, 2024
**1. Acceptance of Terms**
By accessing or using the content provided, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions. If you do not agree with these terms, you must refrain from accessing or using the content.
**2. Restrictions on Use**
You agree that the content and information provided ("Content") are proprietary and confidential. As such, you shall not, without prior written consent from Bowser Originals:
- Copy, reproduce, or create derivative works based on the Content;
- Save or store the Content in any form or format, including but not limited to digital or physical copies;
- Share, distribute, or transmit the Content to any third party, whether for commercial or non-commercial purposes;
- Display or publicly perform the Content in any manner.
**3. Ownership**
All rights, title, and interest in and to the Content, including all intellectual property rights, are owned by Bowser Originals. Nothing in these Terms and Conditions shall be construed as granting any license or right to use the Content beyond the scope explicitly permitted herein.
**4. Consequences of Breach**
Any unauthorized use of the Content will be considered a breach of these Terms and Conditions and may result in legal action. Bowser Originals reserves the right to seek any and all remedies available under law or equity for violations of these terms.
**5. Modifications**
Bowser Originals reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting. Your continued use of the Content after such modifications constitutes your acceptance of the revised Terms and Conditions.
**6. Governing Law**
These Terms and Conditions shall be governed by and construed in accordance with the laws of the British Columbia, Canada, without regard to its conflict of law principles.
**7. Contact Information**
For any questions or concerns regarding these Terms and Conditions, please contact:
Bowser Originals
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**Acknowledgement**
By accessing or using the Content, you acknowledge that you have read and agree to these Terms and Conditions.
**Confidentiality Agreement for Course Materials**
This Confidentiality Agreement (the "Agreement") is between **Bowser Originals** ("the Provider") and the undersigned customer ("the Customer"). By continuing to access, view, or use any materials, content, or resources related to the course ("the Course") provided by Bowser Originals, the Customer agrees to comply with the terms set forth in this Agreement.
- **Acceptance of Terms**
By accessing, using, or continuing to engage with the Course, the Customer agrees to be legally bound by the terms and conditions of this Agreement. If the Customer does not agree to these terms, they must immediately cease access to the Course and refrain from using any of the materials.
- **Confidentiality and Non-Disclosure**
The Course and all associated materials, including but not limited to videos, documents, PDFs, lesson plans, audio files, slides, and other content (collectively, the "Materials"), are proprietary and confidential. The Customer agrees not to share, distribute, or disclose the Materials to any third party, including but not limited to friends, family, colleagues, or any other person or entity, without the explicit written consent of Bowser Originals. This includes, but is not limited to, sharing login credentials, transferring course files, or making any part of the course publicly accessible.
- **Prohibited Sharing and Unauthorized Distribution**
The Customer acknowledges that any unauthorized sharing, reproduction, distribution, or public display of the Course or Materials constitutes a violation of this Agreement. Any breach of this confidentiality obligation may result in immediate termination of the Customer's access to the Course and may subject the Customer to legal action.
- **Loss of Profits Due to Breach**
In the event that the Customer breaches this Agreement by sharing, distributing, or otherwise violating the confidentiality and non-disclosure terms set forth herein, the Customer agrees to be responsible for and indemnify Bowser Originals for any and all **loss of profits**, damages, costs, or other financial losses suffered by Bowser Originals as a result of the breach. This includes but is not limited to any direct or indirect financial loss arising from the unauthorized distribution or misuse of the Materials, as well as any legal or administrative costs incurred to address the breach.
- The Customer further agrees that the financial consequences for any breach are not limited to direct loss, but also include lost future revenue, reputational harm, or any other economic damages that may arise as a result of the Customer's actions.
- **Limited License and Intellectual Property**
The Customer is granted a limited, non-transferable, non-sublicensable, and revocable license to access and use the Course and Materials solely for their personal, non-commercial educational purposes. All intellectual property rights in the Course and Materials, including copyrights, trademarks, and other proprietary rights, remain the exclusive property of Bowser Originals. The Customer agrees not to attempt to copy, reverse-engineer, distribute, or otherwise exploit the Course or Materials in any way not expressly authorized by Bowser Originals.
- **Enforcement of Terms**
In the event that the Customer breaches this Agreement by sharing or distributing the Course or Materials in violation of these terms, Bowser Originals reserves the right to take any necessary legal action, including but not limited to seeking financial damages, court orders, and other remedies as allowed by law. The Customer further agrees to indemnify Bowser Originals for any costs, damages, losses, or legal fees incurred as a result of their breach of this Agreement.
- **Termination of Access**
Bowser Originals reserves the right to terminate or suspend the Customer's access to the Course at any time, without notice, if the Customer violates any term of this Agreement. Upon termination, the Customer must immediately cease using the Materials and delete any copies in their possession.
- **Survival of Obligations**
The obligations set forth in this Agreement regarding confidentiality, non-disclosure, and indemnification for loss of profits shall survive the termination or completion of the Customer’s participation in the Course.
- **Governing Law**
This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles. Any disputes arising out of or related to this Agreement shall be resolved in the courts of BC, Canada.
**Acknowledgment**
By continuing to access or use the Course, the Customer acknowledges that they have read and understood this Agreement and agree to abide by its terms and conditions. No further action, signature, or written consent is required for these terms to be legally binding.
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By continuing to access or use the Course, the Customer is automatically bound by the terms of this Agreement, and Bowser Originals reserves the right to enforce these terms through legal means, including seeking compensation for any loss of profits, if necessary.
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Contact Us
If you have any questions, concerns or complaints about the Terms & Conditions, please contact us:
- By email: [email protected]
