Terms and Conditions of Use:
Last updated: July 08th, 2023
Build Hello (“Build Hello” or “we”, www.buildhello.ca, “our” or “us”) is both a Trade Name and Trade Mark, owned by Yuri Tricys. Build Hello operates the Build Hello website located at https://buildhello.ca, and engages in web technology consulting, web development, and web design services, collectively ‘The Services.’
The Services performed by Build Hello are subject to legally binding agreements made between Build Hello and clients before the commencement of service contracts.
These Terms and conditions of use (these “Terms”) constitute a legally binding agreement that governs your use of websites, applications and/or other online services that Build Hello may make available from time to time (collectively, and together with associated and successor websites, applications and services, the “Site”). By accessing, reading and making use of this Site, you agree, on your own behalf and on behalf of any entity on whose behalf you may be acting, to be bound by these Terms. If you do not wish to be bound by these Terms, you should not use this Site. By using or accessing the Site, you agree to be bound by these Terms.
1. Privacy
Use of the Site is also governed by Build Hello’s Privacy Policy, located here. Build Hello’s Privacy Policy is incorporated into and a part of these Terms. By using or accessing the Site, you agree to be bound by Build Hello’s Privacy Policy.
2. Changes To These Terms
Build Hello Reserves the right to change these Terms in any way and at any time. Modified Terms will be effective when posted on this Site. You should check these Terms frequently for changes. If any change to the Terms is not acceptable to you, you should discontinue your use of this Site immediately. Your continued use of this Site after changes to the Terms are posted thereon will constitute acceptance of the changes.
3. Ownership of Intellectual Property
3.1.
Copyright: All text, images, audio or visual recordings or web code ("Works") on this website and in all Build Hello publications are Copyright © Build Hello unless otherwise indicated, or otherwise owned. Build Hello and the Build Hello logos are trademarks of Build Hello and may not be used without the express written permission of Build Hello. Third Party Works found on or through the Build Hello website or paper publications which bear the name of or credit to a third party creator require the permission of the third party creator for any reproduction or other use unless otherwise indicated.3.2.
Aside from reposting, you agree not to copy, redistribute, publish or otherwise exploit Works from the Site without the express prior written permission of Build Hello.4. Exclusive Content License & Submission Policy
4.1.
All content or materials, including comments, photos, videos, feedback, suggestions, ideas, and other submissions (collectively, "User Content"), added, distributed, disclosed, submitted, or offered to Build Hello in connection with the use of the Site, by any means including, without limitation, via upload, e-mail, DM and/or posted comment, will be the exclusive property of Build Hello. You agree that unless otherwise prohibited by law Build Hello may use, sell, and disclose User Content in any manner, without restriction and without compensation to you.4.2.
By submitting or posting User Content to us or the Site in any manner, and in consideration for the opportunity to have User Content distributed on the Site, you automatically grant us and our contributors, or warrant that the owner of such content has expressly granted us, the perpetual, irrevocable, sublicensable and transferable, exclusive right and license to use, copy, reproduce, publish, distribute, license to others, perform, enforce, edit, modify, prepare derivative works of, and otherwise exploit User Content, and any clips, images, or portions thereof, in any and all media, formats and channels, including on our Site, and in merchandise related thereto.4.3.
For the sake of clarity, the rights granted with respect to User Content will include, without limitation, the exclusive right to (1) post User Content on our Site, (2) use User Content (or clips thereof) in advertising/ promotional material, (3) license User Content to third parties for their use in exchange for payment, (4) pursue advertising, brand integration, endorsement and sponsorship opportunities with respect to User Content; (5) pursue and receive fees and damages for past, present and future infringements of intellectual property rights in and to User Content, and (6) incorporate User Content, or images therefrom, in merchandise to be sold through the Site or otherwise (e.g., apparel).The rights granted by you to us are exclusive which means that after entering this license, you will have no right to grant rights in User Content to any third party and no right to continue to distribute User Content through your own digital or online channels (including your own social media accounts), unless we otherwise agree.
To the extent any of User Content you submit includes name, image, voice, or performance of you or anyone else, you acknowledge and agree that licenses herein shall apply to the same. Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any of the following potential claims based upon our use of User Content as described herein: (i) copyright infringement; (ii) violation of your rights of publicity; (iii) defamation, and/or (iv) “moral” rights or claims resulting from our alteration of User Content.
Subject to these grants, you retain any and all rights which may exist in User Content.
We do not guarantee that any of User Content will be exploited through the Site. We reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise manipulate User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to User Content or if we are concerned that User Content may violate this Agreement).
4.4.
You are prohibited from submitting or posting to the Site any content that:- Was taken from a third party, or includes a third party’s trademarks, content or material, without permission, or otherwise infringes upon a third party’s intellectual property rights of any kind.
- You have previously sold to or exclusively licensed to another party.
- Is defamatory, slanderous or libelous.
- Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, or stalking.
- Includes the name, image, voice or performance of any person who has not provided his or her consent to the foregoing being used for the purposes hereunder.
- Depicts or encourages dangerous activities.
- Is abusive, threatening, or obscene.
4.5.
You represent and warrant that User Content will not violate any of the prohibitions described above.Without limiting the foregoing, you further represent and warrant that:
- You did not, without necessary permission, copy, rip, download, or otherwise take User Content from any third party.
- You have not previously granted, nor will you in the future grant, any rights to User Content to any third party.
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use User Content in the manner contemplated by this Agreement and that User Content will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.
- You have the express consent of every party prominently featured in User Content to license User Content to us for the uses contemplated under this Agreement.
5. Linking Agreement
5.1.
If you wish to link to this Site, you may do so, provided you agree to the link conditions described below ("Link Conditions"): A link may be established to the following home page of this Site ("Home Page") at https://buildhello.ca If you link to this Site, your website,i. may not imply that Build Hello is endorsing you or your products or services;
ii. may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of Build Hello;
iii. may not misrepresent your relationship with the Build Hello or present false or misleading impressions about Build Hello or its services;
and iv. may not contain content that may be interpreted as distasteful or offensive.
Build Hello shall have no responsibility or liability for any content appearing on your website. Build Hello may at any time, in its sole discretion, immediately terminate your right to link to this Site, with or without cause. If Build Hello exercises this right, you will immediately remove all links to this Site. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions.
5.2.
External Links Certain links on this Site may take you to other webSites. Build Hello provides these links only as a convenience. Build Hello is not responsible for the contents of any linked website. Build Hello makes no representations or warranties regarding, and does not endorse, any linked website, the contents thereof, the information appearing thereon or any of the products or services described thereon. Links do not imply that Build Hello sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for any linked website. If you decide to visit any linked websites, you will do so at your own risk.6. Disclaimers; Limitations; Waivers of Liability
6.1.
Any use of or reliance on the Site is at your sole risk. All content on the Site is on an "AS IS" basis without warranties of any kind, including but not limited to warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose. Build Hello makes no warranty as to the accuracy, quality or completeness of the contents of this Site, nor to the absence of any software virus or other harmful component. Build Hello does not warrant that this Site will continue to operate, will operate without interruptions, or that it will be error-free. None of the information provided on this Site is provided as legal advice and you agree that it will not be relied upon as such.6.2
Build Hello will not be liable for any direct, indirect, incidental, special, exemplary or consequential damages arising out of use of, or inability to use, the Site. You further acknowledge that Build Hello is not liable, and you agree not to hold Build Hello liable, for the conduct of third parties, including other users of the Site and operators of external Sites. To the fullest extent of the law, the disclaimers of liability contained herein apply to any and all damages whatsoever caused by or related to the use of, or inability to use, the Site under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort.7. Indemnification
You agree to defend, indemnify and hold harmless Build Hello from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Site and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms.
8. Governing Law and Venue
This Agreement and all aspects of the Site will be governed by and construed in accordance with the internal laws of Canada and the Province of British Columbia, regardless of your location.
9. Waiver/Severability
9.1.
The failure of Build Hello to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them will not be construed as a waiver or relinquishment of Build Hello's right to assert or rely upon any such provision or right in that or any other instance.9.2.
You and Build Hello agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.10. Miscellaneous
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Build Hello to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. These Terms contain the entire understanding of you and Build Hello, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Site by Build Hello. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
11. Copyright Infringement
11.1.
If you believe that your copyrighted work has been copied without your authorization and is available on or in the Site in a way that may constitute copyright infringement, you may provide notice of your claim to Build Hello as provided below. For your notice to be effective, it must include the following information:(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) a description of the copyrighted work that you claim has been infringed upon;
(c) a description of where the material that you claim is infringing is located in the Site;
(d) information reasonably sufficient to permit Build Hello to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11.2.
Notices of claims of copyright infringement should be sent to:12. Website Reviews
12.1.
Build Hello publishes to the Site videos and articles containing subjective opinion ('Reviews') about 'Works' published to the world wide Internet by other entities ('The Reviewed Entity'). Such publications are intended to be free of facts about the The Reviewed Entity, but may from time to time contain statements that are mistakenly untrue or no longer true.Such statements are intended solely for the education of our viewers and are not intended to adversely affect any manner of the conduct of The Reviewed Entities’ business, business plans or prospects, or business reputation.
Such statements are opinion and do not disparage or encourage others to disparage the Reviewed Entity. Such statements do not refer to the Reviewed Entities’ officers, owners, operations, clients, employees, products, or services.
12.2.
As a courtesy, and in good faith, Build Hello marks documents on the Site containing Reviews with 'noindex', and 'nofollow' meta tags, to ensure our reviews do not clutter the search engine territory of the Reviewed Entities; however, our Reviews, in addition to the Site, are published to YouTube, Facebook, and from time to time other social media and social news aggregation platforms, as well as distributed to our emailing lists via Email.If you are a representative of a Reviewed Entity and you believe our Reviews adversely affect your business, business plans or prospects, or business reputation, you may provide notice of your claim to Build Hello as provided below. For your notice to be effective, it must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the entitity who has been allegedly slandered or defamed;
(b) a description of the statements you claim are defamatory, slanderous or libelous;
(c) a description of where the material you claim is defamatory, slanderous or libelous is located on the Site;
(d) information reasonably sufficient to permit Build Hello to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(e) a statement by you that you have a good-faith belief that published Review contains material that is defamatory, slanderous or libelous;
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the entity that is allegedly defamed or slandered.
12.3.
You may also in addition to your formal complaint, email Build Hello informally requesting we remove the Review you claim constitutes slander or defamation from the Site, from YouTube, from Facebook, and refrain from continuing to include the Review in our email newsletters.Alternatively, you may request we include meta tags with ‘index’ and ‘follow’ instructions, to ensure the Review is indexed to search engines.
Please note anti-SLAPP laws, such as Cal. Civ. Proc. Code § 425.16 in California, and the Protection of Public Participation Act, in British Columbia Canada, may require you to pay Build Hello’s attorneys’ fees if you attempt to impose liability on Build Hello through legal proceedings, for publishing subjective opinion about any ‘Works’ published to the world wide Internet, by any entity, and visible to the public via the world wide Internet.
