Terms & Conditions

Terms of Service
Last updated: March 11, 2025

The following terms and conditions govern all use of all products, websites, mobile applications and services (“Applications”) related to the website at www.PUSHdesign.studio or www.PDShalifax.com. www.PUSHdesign.studio and www.PDShalifax.com are owned and operated by PUSH Design Studio Inc.(“PDS”). The websites, products, services and applications are offered subject to your acceptance without modification of any of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PDS’s Privacy Policy as noted on the website at www.PUSHdesign.studio) and procedures that may be published from time to time on this or any other site by PDS (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Applications. By accessing or using the Websites, Products, services or Applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Websites, Products, Services or Applications. If these terms and conditions are considered an offer by PDS, acceptance is expressly limited to these terms. The Applications are available only to individuals who are at least 13 years old.

Your PDS Account.
If you create a PUSHdesign.studio account, you are responsible for maintaining the security of your account passwords, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify PDS of any unauthorized uses of your account, loss or theft of your login information or passwords, or any other breaches of security. PDS will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.
If you create or submit any content whatsoever (“Content”) to the Websites or Applications, or allow any third party to create or submit Content to the Websites or Applications, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, location data, or binary data.
By submitting Content, you represent and warrant that:
•    the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
•    if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
•    you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
•    the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
•    your account is not named in a manner that misleads another user into thinking that you are another person. For example, your name, phone number, and/or email address do not belong to someone other than yourself.

Submitting Content.
By submitting Content to PDS for inclusion in the Applications, you grant PDS a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
Without limiting any of those representations or warranties, PDS has the right (though not the obligation) to, at PDS’s sole discretion (i) refuse or remove any content that, in PDS’s reasonable opinion, violates any PDS policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Applications to any individual or entity for any reason, at PDS’s sole discretion. PDS will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website or Application Users.
PDS has not reviewed, and cannot review, the Content submitted to the Website or associated Applications, and cannot therefore be responsible for that Content’s content, use or effects. By operating the Applications, PDS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website and associated Applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites and associated Applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PDS disclaims any responsibility for any harm resulting from the use by users of the Websites or associated Applications, or from any uploading or downloading by those users of content there posted.

Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Websites or associated Applications link, and that link to the Websites or associated Applications. PDS does not have any control over those non-PDS websites, and is not responsible for their contents or their use. By linking to a non-PDS website or webpage, PDS does not represent or imply that it endorses such website or webpage. PDS disclaims any responsibility for any harm resulting from your use of non-PDS websites, products services or applications.

Intellectual Property.
This Agreement does not transfer from PDS to you any PDS or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with PDS. PDS and all other associated trademarks, service marks, graphics and logos used in connection with the Websites and associated Applications, Products or Services are trademarks or registered trademarks of PDS or PDS’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites or associated Applications may be the trademarks of other third parties. Your use of the Websites or associated Applications grants you no right or license to reproduce or otherwise use any PDS or third-party trademarks, artwork, graphics or other intellectual material.

Advertisements.
PDS reserves the right to display advertisements in the Websites or associated Applications.

Changes.
PDS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility as the user to check this Agreement periodically for changes. Your continued use of or access to the Websites, Products, Services or associated Applications following the posting of any changes to this Agreement constitutes acceptance of those changes. PDS may also, in the future, offer new services and/or features through the Websites and/or associated Applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.
PDS may terminate your access to all or any part of the Websites or associated Applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PDS account (if you have one), you may simply discontinue using the Website, Products, Services or associated Applications, or you may request account deletion by emailing support@PUSHdesign.studio. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.
The Websites, Products, Services and/or associated Applications are provided “as is”. PDS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, unless otherwise specified. Neither PDS nor its suppliers and licensors, makes any warranty that the Websites, Products, Services or associated Applications will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites or associated Applications at your own discretion and risk.

Limitation of Liability.
In no event will PDS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PDS under this agreement during the twelve (12) month period prior to the cause of action. PDS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.
You represent and warrant that (i) your use of the Websites, Products, Services and/or associated Applications will be in strict accordance with the PDS Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside) and (ii) your use of the Websites, Products, Services and/or associated Applications will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless PDS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, Products, Services and/or associated Applications, including but not limited to your violation of this Agreement.

Miscellaneous.
This Agreement constitutes the entire agreement between PDS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PDS, or by the public posting by PDS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Applications will be governed by the laws of the province of Nova Scotia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Halifax, Nova Scotia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Ontario Arbitration Act, 1991, and in the case of federal corporations, by the Commercial Arbitration Act. The arbitration shall take place in Halifax, Nova Scotia in the English language and the arbitral decision may be enforced in any court. If PDS is the prevailing party in any action or proceeding to enforce this Agreement, PDS shall be entitled to reimbursement of all costs and attorneys’ fees. By using the Websites, Products, Services or associated Applications you agree to release PDS from any responsibility to reimburse you for any costs or attorney’s fees required to pursue legal actiuon against PDS. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PDS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.  By downloading, installing and using PDS Websites, Products, Services, or associated Applications, you agree that the maximum damages to be paid by PDS for any dispute arising from the use of PDS Websites, Products, Services, or associated Applications will not exceed the total user, product or service fees paid by the individual pertaining to the dispute.

Questions?
Please contact us at support@PUSHdesign.studio if you have any questions about our terms of service.