Terms of Service for relentlessCurious

1. Agreement to Terms

Welcome to relentlessCurious ("we," "us," "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "user") and Ian McKenzie, the operator of relentlessCurious.

These Terms govern your access to and use of the website relentlesscurious.com, including any content, functionality, and services offered on or through it, such as our blog, digital toyshop, physical artwork sales, and any future community features (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

2. Eligibility

The Services are intended for users who are at least sixteen (16) years of age. By creating an account or using the Services, you represent and warrant that you are 16 years of age or older and have the legal capacity to enter into this agreement.

3. User Accounts

To access certain features of the Services, you may be required to create an account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Purchases and Payments

A. General

We offer products and services for purchase, which may include one-time purchases (e.g., digital products, physical artwork) or automatically renewing subscriptions (e.g., access to premium content). You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

B. Subscriptions

If you purchase a subscription, it will automatically renew at the end of the applicable subscription period unless you cancel it. You may cancel your subscription at any time through the self-service options on our website. The cancellation will take effect at the end of the current billing cycle.

C. Refund Policy

Generally, all sales are final, and we do not offer refunds.

• App Store Purchases: If you purchase a product or service through a third-party application store (e.g., Apple App Store, Google Play Store), that store's refund policy may supersede this one. Please refer to the terms of the respective app store.
• A Note from the Creator: relentlessCurious is operated by a single person who dedicates his time to this work while managing a significant health condition (schizophrenia). The "no refunds" policy allows him to focus his energy on creating and maintaining the Services. We appreciate your understanding and support of an independent artist.

5. Intellectual Property Rights

The Services and all of their original content (including but not limited to text, artwork, illustrations, graphics, logos, and code, but excluding User-Generated Content), features, and functionality are and will remain the exclusive property of Ian McKenzie and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

6. User-Generated Content (UGC)

If you post, upload, or otherwise make available any content on the Services ("User-Generated Content"):

• Ownership: You retain ownership of your User-Generated Content.
• License Grant to Us: By providing User-Generated Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with operating and providing the Services.
• Our Rights: We reserve the right, but not the obligation, to monitor, edit, or remove any User-Generated Content at our sole discretion, for any reason, including for a violation of these Terms.

7. Prohibited Conduct

You agree not to use the Services to:

• Violate any applicable national or international law or regulation.
• Transmit any unsolicited or authorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation.
• Impersonate or attempt to impersonate us, another user, or any other person or entity.
• Engage in any form of harassing, threatening, hateful, or otherwise objectionable behavior.
• Upload or transmit viruses, Trojan horses, worms, or any other malicious or technologically harmful material.
• Infringe upon the intellectual property rights of others.
• Scrape, data-mine, or systematically collect data from the Services without our express written permission.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

Exception for Security Research: The prohibition against interfering with or disrupting the service does not apply to good-faith, unsolicited security research and penetration testing. All such activities must be conducted in accordance with our security policy, available at: https://www.relentlesscurious.com/security-policy.

8. Termination

A. Termination by You

You may terminate these Terms at any time by deleting your account and ceasing all use of the Services.

B. Termination by Us

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.

9. Survival

Upon termination of these Terms, any provisions that by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section 5), User-Generated Content licenses (Section 6), disclaimers (Section 10), limitations of liability (Section 11), indemnification (Section 12), and governing law and dispute resolution (Section 13).

10. Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding the operation or availability of the Services, or that they will be uninterrupted, secure, or error-free.

11. Limitation of Liability

To the fullest extent permitted by law, in no event shall relentlessCurious or Ian McKenzie be liable for any indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with your use of the Services. Our total liability to you for any and all claims arising from your use of the Services is limited to the greater of the amount you have paid to us in the six (6) months prior to the claim, or one hundred Canadian dollars ($100.00 CAD).

12. Indemnification

You agree to defend, indemnify, and hold harmless relentlessCurious and Ian McKenzie from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use of and access to the Services, or a breach of these Terms.

13. Governing Law and Dispute Resolution

A. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.

B. Dispute Resolution

You agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be determined by binding arbitration. The arbitration shall be conducted in Vancouver, British Columbia, Canada. You agree to waive your right to a trial by jury or to participate in a class action.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]