Terms of Service

Effective Date: September 3, 2025
Last Updated: September 3, 2025

Welcome to www.blackbirdcollective.ca (the “Site”), owned and operated by Blackbird Collective Inc. (“Blackbird Collective Inc.”, “we”, “us”, or “our”). By accessing this website or using any services or features provided by Blackbird Collective Inc., including purchasing products or interacting with content, you agree to be legally bound by these Terms of Service (“Agreement”).

If you do not agree to these Terms, please discontinue your use of this Site.

1. Changes to This Agreement

We may update or modify this Agreement at any time by posting the revised version on this Site, with the effective date indicated at the top. Your continued use of the Site after changes are posted constitutes your acceptance of those changes.

2. Products & Orders

a. Product Offerings
We may offer products or services for purchase through the Site (the “Products”). By placing an order, you agree to the terms outlined in this Agreement.

b. Proprietary Rights
All Products are protected by intellectual property laws. You may not reproduce, resell, or distribute any Product or design element (including layout, images, text, or branding) without our written permission.

c. Sales Tax
You are responsible for any applicable taxes associated with your purchase.

d. Customer Communication & Solicitation
Unless you opt out, you agree to receive marketing emails or calls from Blackbird Collective Inc. or its partners.

Opt-Out Methods:

Click the unsubscribe link in our emails.

Email us at: info@blackbirdcollective.ca

3. Use of the Website

a. Content Ownership
All content on the Site—whether created by us or provided via third parties—is protected under Canadian and international copyright, trademark, and intellectual property laws.

You may use the Site and its content only for personal, non-commercial purposes.

b. Third-Party Links
Links to external websites are provided for convenience. We do not control or endorse these sites and are not responsible for their content or your use of them.

c. Acceptable Use
You agree not to:

Use the Site for unlawful purposes;
Infringe on the rights of others;
Distribute spam or unsolicited communications;
Copy, modify, or resell Site content;
Harass, threaten, or defame other users.

d. User Content & Submissions
By submitting content to the Site (e.g., comments, messages), you grant Blackbird Collective Inc. a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, and distribute your content in any format.

We are not responsible for user-generated content, but we reserve the right to moderate or remove any content at our sole discretion.

4. Disclaimer of Warranties

Your use of this Site and any Products is at your sole risk.

All content, services, and Products are provided “as is” and “as available,” without warranties of any kind—express or implied. This includes, but is not limited to:

Accuracy or completeness of content;
Availability of third-party links;
Reliability of Products or performance outcomes;
That any defects or errors will be corrected.

Some jurisdictions may not allow the exclusion of certain warranties, so these limitations may not apply to you.

5. Limitation of Liability

To the maximum extent permitted by law, Blackbird Collective Inc. is not liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to:

Loss of data or profits;
Inability to access or use the Site;
Transactions or products obtained through the Site.

Our total liability shall not exceed the amount you paid (excluding shipping) for any Products purchased.

6. Indemnification

You agree to indemnify and hold harmless Blackbird Collective Inc. and its affiliates, officers, employees, and agents from any claims, liabilities, damages, and expenses (including legal fees) arising from:

Your use or misuse of the Site or Products;
Content you submit;
Your breach of these Terms.

7. Privacy

We respect your privacy. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information.

8. Termination

We reserve the right to terminate your access to the Site at any time and without notice if you breach any of these Terms. We may also cancel any outstanding orders at our discretion. All provisions of this Agreement survive termination.

9. Governing Law

This Agreement is governed by the laws of the Province of British Columbia, Canada. You agree that any legal action must be brought in the courts located in Victoria, BC. You waive any right to a jury trial or class action.

10. General Provisions

Force Majeure: We are not liable for delays or failures caused by events beyond our control (e.g., natural disasters, strikes, internet outages).
Entire Agreement: This document is the entire agreement between you and Blackbird Collective Inc.
Severability: If any part of this Agreement is deemed unenforceable, the rest remains valid.
No Waiver: Our failure to enforce any right does not mean we waive it.
Assignment: You may not assign this Agreement. We may transfer our rights and obligations at any time.
By using this Site or placing an order, you acknowledge that you have read, understood, and agreed to these Terms of Service.