Conditions d’utilisation

TERMS OF SERVICE: 

Overview

A. Use of Our Website & Services

SECTION 1 – ONLINE STORE TERMS & SOCIAL MEDIA USAGE TERMS

SECTION 2 – GENERAL CONDITIONS

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

B. Products, Services & Commercial Terms

SECTION 5 – PRODUCTS OR SERVICES

SECTION 6 – PROJECT-SPECIFIC TERMS AND ESTIMATES

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

SECTION 8 - OPTIONAL TOOLS

SECTION 9 – THIRD-PARTY LINKS & THIRD PARTY LIABILITY

 

C. User Content, Intellectual Property & Conduct

SECTION 10 – USER COMMENTS, FEEDBACK, CONTENT USAGE AND OTHER SUBMISSIONS

SECTION 11 - PRIVACY POLICY, CONFIDENTIALITY, PERSONAL & BUSINESS INFORMATION

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

SECTION 13 - COPYRIGHTS & TRADEMARKS

SECTION 14 - PROHIBITED USES

SECTION 15 - NO PARTNERSHIP, EMPLOYMENT, OR AGENCY

 

D. Disclaimers, Liability & Risk Allocation

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SECTION 17 - INDEMNIFICATION

 

E. Legal & Administrative

SECTION 18 - SEVERABILITY

SECTION 19 - TERMINATION

SECTION 20 - ENTIRE AGREEMENT

SECTION 21 - GOVERNING LAW

SECTION 22 - CHANGES TO TERMS OF SERVICE

SECTION 23 - CONTACT INFORMATION

OVERVIEW

0.1 Purpose and Scope

This website is owned and operated by Black Sand PR & Entertainment Inc. (a Québec, Canada based business). Throughout the site, the terms “we”, “us” and “our” refer to Black Sand PR & Entertainment Inc.. Black Sand PR & Entertainment Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

0.2 Jurisdiction Note

This website is hosted on the Shopify platform. While our company is based in Quebec, Canada, and Quebec and Canadian law applies to our operations, users accessing this site from other countries, including the United States, may also be subject to the laws of their jurisdiction.

For more information regarding Shopify’s privacy practices please see https://www.shopify.com/legal/privacy?utm_source=social&utm_medium=forum&utm_campaign=guru%2Bask  and also reference the Patriot Act. Shopify provide us with the online e-commerce platform that allows us to sell our products and services to you.

0.3 Age Requirement

The website www.blacksandpr.com is intended for adults. We do not knowingly collect personal information from individuals under the age of majority in their jurisdiction. Persons who have not reached the age of majority in their jurisdiction should not access this website, purchase any of our products, use any of our services, contact us, or provide us with any personal information.

0.4 Acceptance of Terms

By visiting our site or using our Services (as defined in these Terms) — including, without limitation, browsing the website, engaging in preliminary consultations (whether free or paid), or purchasing products or services from us — you agree to be bound by these Terms of Service ("Terms of Service," "Terms"), including any additional terms, conditions, or policies referenced herein or accessible via hyperlink.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not access the website or use any services.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service and any applicable Project Terms.

0.5 Project Terms/Estimate Note

If you engage us as a paying client, your project will be governed by separate project-specific terms (“Project Terms”), as set out in any Estimate, Proposal, Statement of Work, or similar document you sign (collectively, the “Estimate”). The Project Terms supplement these website Terms and apply concurrently for the duration of the project. In the event of any inconsistency between the Project Terms and these website Terms, the Project Terms will govern with respect to the applicable project.

0.6 Updates and Modifications

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

0.7 Applicability of Terms

These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content. In these Terms, “you” refers to the individual user or the business, company, or other entity on whose behalf you are acting, as well as their directors, officers, employees, agents, and representatives. These Terms, and the protections contained within them, apply to all interactions—whether formal or informal—and to all communications made by or with our company, including those involving our directors, officers, employees, or representatives, whether written, verbal, or electronic.

0.8 Client Relationship Disclaimer

Use of this website, any information provided, or any communications with Black Sand PR & Entertainment Inc. — including exploratory calls or preliminary discussions — does not create a client relationship or any obligation to provide services. All Website Terms, including, but not limited to, liability limitations, disclaimers, indemnification, and intellectual property protections, apply to all users.

 

A. Use of Our Website & Services

SECTION 1 – ONLINE STORE TERMS & SOCIAL MEDIA USAGE TERMS

1.1 Age Requirement
By accessing this website or our social media, purchasing any of our products, using any of our services, or agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction. Persons who have not reached the age of majority in their jurisdiction are not permitted to access this website or our social media, purchase our products, use our services, contact us, or provide any personal information.

1.2 Prohibited Uses

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

1.3 Breach of Terms

A breach or violation of any of the Terms will result in an immediate termination of your Services.

1.4 Social Media Guidelines

Our official social media pages are intended to be a fun, positive and helpful community where we share information about our events, products and promotions. It is also a place for us interact with our customers who can share their comments and feedback with us. In order to keep the pages useful and positive for our customers we have established the following guidelines for the usage of our social media:

• Any obscene, graphic, explicit or inflammatory posts are strictly prohibited, as are comments that are abusive, bullying, harmful, hateful, disrespectful, offensive or defamatory to any person or organization. Any post or comment that is deemed to be such, at Black Sand PR & Entertainment Inc.’s sole discretion, will be deleted without notice. We reserve the right to report the offending user to the appropriate authorities and/or take legal action where necessary.

• Posts or comments containing politically motivated content, solicitations or advertisements for third parties will be deleted without notice.

• Any comments advocating, suggesting, inciting, or encouraging any illegal activities will be deleted without notice.

• We reserve the right to block users who violate these terms, across all platforms. 

1.5 Harassment and Abusive Contact

You may not contact us through the website, phone, or any other means in a harassing, abusive, or threatening manner. Violations may result in termination of services and/or legal action.

1.6 External Links

External links may be provided for convenience. Please see Section 9 for full disclaimers regarding third-party content and endorsements.

1.7 Portfolio and Featured Work

Featured portfolio items and clients reflect past and current work, which may have included direct work or work performed through third parties. No client endorsement or representation of current or past services, or of our company and its affiliates, is implied, and past projects may have involved varying levels of participation. Our portfolio reflects selected collaborations and projects. All content is presented in good faith to showcase our work. No non-disclosure agreement (NDA) restricts the sharing of these projects. To the maximum extent permitted by law, we are not liable for any claims arising from the inclusion of brands, trademarks, logos, or businesses. Should any featured brand, trademark, logo, or business request removal, we will promptly comply for all future usage.

Past projects may differ from the services we currently offer, and featuring a client or project does not imply endorsement or that all work involved the same level of participation.

By viewing or using the portfolio, you acknowledge and agree that you understand the nature of the work presented, including that levels of participation may vary, and that you will not make any claims, complaints, or allegations suggesting we overstated, misrepresented, or otherwise mischaracterized our relationship with any client, brand, or project featured.

SECTION 2 – GENERAL CONDITIONS

2.1 Right to Refuse Service

We reserve the right to refuse service to anyone for any reason at any time.

2.2 Transmission of Content

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 Restrictions on Use

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

2.4 Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2.5 Official Communications & Anti‑Impersonation Notice

This website is the only official online presence of our business. Any other website, profile, or digital platform claiming affiliation with us is not authorized and should not be trusted.

All legitimate communications from our business will only come from our official email addresses, our official office phone number, this website, and our verified Instagram account @blacksandpr.ent .
If you receive a direct message on social media, it will only come from @blacksandpr.ent .

Only individuals who officially work for our company are permitted to communicate with clients on our behalf.
We do not authorize any third parties, personal accounts, or outside individuals to contact clients, conduct outreach, request information, or represent the business in any capacity.

We may reach out to you regarding estimates, inquiries, or ongoing projects only after you have engaged with our business through our official channels.
However, we will never request private, financial, or sensitive information until you have had the opportunity to meet our founders and have received our official business documentation.

Any communication that bypasses these steps — especially if it requests payment, personal information, or urgent action — is not legitimate.

If you receive anything suspicious, do not engage. Please contact us directly through the official channels listed on this website so we can verify authenticity.

Protecting your trust, safety, and peace of mind is at the core of our mission. We are committed to safeguarding our clients and our community.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

3.1 No Guarantee of Accuracy

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material, products or services on this site is entirely at your own risk.

3.2 Historical Information
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

3.3 Changes and Updates
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

4.1 Pricing
Prices for our products and/or services (“Base Fees”) and availability information are subject to change without notice. All prices are quoted in United States Dollars (USD), unless otherwise stated. Any Estimates provided will specify the Base Fees, applicable taxes, and any additional fees.

4.2 Taxes, Additional Fees and Changes in Project Scope
In addition to the Base Fees, applicable sales taxes may apply depending on your geographic location. Depending on your method of payment and other factors, including but not limited to changes in project scope, additional fees may also apply. Any changes in project scope are subject to availability and written approval by a signing officer of Black Sand PR & Entertainment Inc.

4.3 Pricing Errors

In the event of an inadvertent error or omission in pricing, including failure to include applicable taxes or fees, you agree to pay the correct amount upon notification. Such adjustments are made to comply with applicable laws and regulations.

4.4 Changes and Modifications
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

B. Products, Services & Commercial Terms

SECTION 5 – PRODUCTS OR SERVICES

5.1 Online Availability

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy. To view our Refund Policy, please visit Refund Policy. 

5.2 Product and Service Descriptions and Accuracy

We have made every effort to display as accurately as possible the colours and images of our products that appear on the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. Similarly, while we strive to provide clear product and service descriptions, we cannot guarantee that you will interpret or understand them exactly as we intended. All descriptions are provided for general guidance only.

5.3 Sales Limitations

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

5.4 Pricing and Discontinuation

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

5.5 Quality Disclaimer

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5.6 Project Terms and Estimates

Please note that separate Project Terms or Estimates may apply to any services or campaigns you engage in, and those terms govern the use, cancellation, and payment rules for such projects.

5.7 Client Responsibility & Insurance Notice

By engaging with our business, you acknowledge and agree that:

1. You are responsible for obtaining adequate insurance coverage to protect against any loss, damage, or liability related to the full value of any project or agreement, or any decisions, implementations, or modifications you choose to pursue.
2. At all times, you are solely responsible for all costs and payments associated with the operation and facilitation of your business, including but not limited to third-party fees, taxes, insurance, employee compensation, products, rent, software, marketing, legal services, and any other expenses incurred before, during, and after our engagement. This includes both direct and indirect costs related to the services provided, as well as any additional costs that may arise throughout the course of our business relationship. At no time is Black Sand PR & Entertainment Inc. responsible for any fees, costs, or expenses related to your business operations.
3. You must provide true, complete, and accurate information at all times.
4. You will consult independent third-party experts as needed and accept full responsibility for all decisions, actions, or implementations, whether or not discussed with our team.

To the maximum extent permitted by law, our business cannot be held liable for any outcomes resulting from your decisions, actions, or the information you provide, nor for any inadvertent errors, omissions, or delays made by our team in providing our services.

For any claims, damages, or losses arising from your actions or decisions, please refer to SECTION 17 - INDEMNIFICATION this agreement, where the terms of your responsibility and liability are fully outlined.

5.8 Bespoke Programs

Please note: All services, areas, and inclusions mentioned on this website or elsewhere are examples for illustrative purposes only. Each program is bespoke and may include some, but not necessarily all, of the listed services or areas of focus. Specific inclusions in your unique project will be clearly outlined in any Estimate provided. 

Subject to availability.

5.9 Promotions Policy Reference

To view our Promotions Policy, please see Promotions Policy.

SECTION 6 -  PROJECT-SPECIFIC TERMS & ESTIMATES

6.1 Project Terms

Certain services we provide — including consulting, strategy, creative, and marketing projects — require a customized scope of work, deliverables, timelines, and pricing, among other terms (collectively, “Project Terms”). These Project Terms will be outlined in a separate Estimate, Proposal, or Statement of Work (collectively, “Estimates”).

All services, including bespoke options, are subject to certain limitations.

6.2 Incorporation of Project Terms

You acknowledge that all Estimates provided by us, whether labeled as Proposals, Estimates, Statements of Work, or otherwise, are binding once approved, signed, paid, or instructed to proceed. By doing so, you agree to be bound by the Project Terms for that specific Project and acknowledge that:

6.2.1 The Project Terms in the Estimate are expressly incorporated into and form part of these Terms & Conditions.

6.2.2 Both these Terms & Conditions and the Project Terms apply simultaneously, and you must comply with all of them.

6.2.3 If there is any inconsistency, the Project Terms take precedence but only for that specific project.

6.2.4 The Project Terms may include important details such as deliverables, exclusions, revision limits, timelines, approval processes, payment schedules, intellectual property rights, and responsibilities.

6.2.5 Work will not commence until the Estimate has been signed or electronically approved by you and accepted in writing (including email or electronic approval) by us, and any required deposit has been paid.

6.2.6 General Terms Remain in Effect:  Except where a Project Term expressly provides otherwise, all other sections of these Terms of Service—including limitations of liability, warranties, disclaimers, indemnification, and general conditions—remain in full force and effect.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

7.1 Order Acceptance and Limitations

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

7.2  Accuracy of Account and Payment Information

You agree to provide current, complete, and accurate information for all purchases and service engagements, including account details, payment information, and contact information. You also agree to promptly update this information, including email addresses, credit card numbers, and expiration dates, so that we can complete transactions and communicate with you as needed.

7.3  Refund Policy Reference

For more detail, please review our Refund Policy. https://www.blacksandpr.com/pages/refund-policy

SECTION 8 - OPTIONAL TOOLS 

8.1 Third-Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

8.2 “As Is” and “As Available” Access

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

8.3 No Liability for Third-Party Tools

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, except where prohibited by applicable law. Any such liability, if found, is limited to the extent outlined in the Limitation of Liability section of these Terms of Service.

8.4 Use at Your Own Risk

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

8.5 Future Tools and Services

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

SECTION 9 – THIRD-PARTY LINKS & THIRD PARTY LIABILITY

Certain content, products and services available via our Service may include materials from third-parties.

9.1 Third-Party Links

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Please note that any external links that may be shared on these pages, marketing material, or our website, does not constitute an official endorsement by Black Sand PR & Entertainment Inc.. In the same regard, it does not imply endorsement of Black Sand PR & Entertainment Inc. by any third parties unless expressly and explicitly stated. 

We do not endorse any third party merchandise, information, materials, products, or services, nor have we taken any steps to confirm the accuracy, completeness, or reliability of any of the information, content, or materials on any third-party website. You understand that you visit these third-party sites and perform actions and transactions with them at your sole risk. We are not responsible for examining the offerings of any third parties whatsoever, and you should carefully review all policies on their websites and consult qualified professionals before taking any actions or making any decisions. This also applies to any third-party services, platforms, or vendors recommended, linked to, or used in connection with any Project Terms or Estimates.

9.2 Third-Party Liability

To the maximum extent permitted buy law, we are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, representations, or any other transactions in connection with third-party companies, organizations, individuals, or websites. To the maximum extent permitted by law, Black Sand PR & Entertainment Inc. shall not be responsible or liable for the actions, representations, performance, or obligations of any third parties, including those introduced by Black Sand PR & Entertainment Inc. You should carefully review the third party’s policies and practices, ensure you understand them, and seek independent professional advice before engaging in any action or transaction. All complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

In addition, to the maximum extent permitted by law, Black Sand PR & Entertainment Inc. shall not be liable for any harm, damages, or losses arising from your interactions with third parties. This includes, but is not limited to, any third-party services, products, advice, information, or content provided through the website, linked websites, or otherwise. Any use of third-party services, products, or content is at your own risk. We do not endorse or assume responsibility for the accuracy, reliability, or legality of any third-party services or content, and you agree to indemnify Black Sand PR & Entertainment Inc. from any claims arising from your use of third-party services or interactions. You should independently assess the suitability, accuracy, and reliability of any third-party content or services before engaging with them in any capacity.

To the fullest extent permitted by law, this section is subject to the Limitation of Liability section outlined in these Terms of Service.

9.3 Information Transmission via Third Parties

You acknowledge that communications with us may be facilitated through third-party platforms, such as video conferencing tools, project management software, or design tools, and that these platforms are subject to their own terms of service, privacy policies, risks, and data practices. To the maximum extent permitted by law, we are not responsible for any actions, representations, or security practices of these third parties, including, but not limited to, hacking, data breaches, or other security incidents that may occur on those platforms.

Furthermore, Black Sand PR & Entertainment Inc. may use third-party hardware (such as computers, phones, etc.), platforms, or software (including, but not limited to, design software, project management tools, and cloud services) to deliver services and work on client accounts. You acknowledge and agree that to the maximum extent permitted by law, we are not responsible for any issues, security breaches, or other risks associated with the use of such third-party hardware, platforms, or software.

Black Sand PR & Entertainment Inc. is not liable for any harm, damages, or losses resulting from the use of third-party platforms, hardware, or services, to the fullest extent permitted by law. Any liability in this regard is subject to the Limitation of Liability section in these Terms of Service. You are advised to review and understand the terms and conditions, privacy policies, and potential risks associated with any third-party services before using them.

You agree to release and hold Black Sand PR & Entertainment Inc. harmless from any claims, damages, or losses arising from or related to the use of any third-party platforms, hardware, or services.

C. User Content, Intellectual Property & Conduct

 

SECTION 10 – USER COMMENTS, FEEDBACK, CONTENT USAGE AND OTHER SUBMISSIONS

10.1 Submissions and Ownership of Comments

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

10.2 No Obligation for Confidentiality, Compensation, or Response
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

10.3 Monitoring, Editing, or Removing Content

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

10.4 Illustrative Content

This website and our services may at times feature AI-generated content, including but not limited to text, images, and other media.

Some content on this website, including ‘The Reflections,’ may be edited for clarity or created for illustrative purposes. Statements in these sections are not intended to represent actual client testimonials and are provided only to illustrate the types of outcomes or experiences clients might have; results may vary.

You understand that the content presented on this website, including ‘The Reflections,’ is for illustrative purposes only and may be edited for clarity or created to demonstrate potential outcomes or experiences. These statements are not actual client testimonials and should not be interpreted as such. By using this site, you agree not to make any claims of misrepresentation, including but not limited to asserting that the content inaccurately represents results, outcomes, or client experiences.


10.5 User Responsibility for Comments

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

10.6 Accuracy and Liability for Comments

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PRIVACY POLICY, CONFIDENTIALITY, PERSONAL & BUSINESS INFORMATION

11.1 Confidentiality Obligations

You agree to keep all confidential information shared by Black Sand PR & Entertainment Inc., including but not limited to business strategies, marketing plans, proprietary content, correspondence, and any other non-public business or personal information, strictly confidential. You shall not disclose such information to any third party without Black Sand PR & Entertainment Inc.’s prior written consent, except as required by law. Black Sand PR & Entertainment Inc. is not bound by confidentiality unless explicitly stated in the Project Terms or Privacy Policy. By agreeing to these terms, you accept and acknowledge this condition and agree not to make any claims of misrepresentation or breach of confidentiality.

11.2 Restrictions on Recording and Distribution

You further agree not to record, transmit, publish, reproduce, or otherwise distribute any communications, correspondence, or calls with Black Sand PR & Entertainment Inc. without Black Sand PR & Entertainment Inc.’s explicit written permission. Unauthorized use or distribution may result in legal action, and we reserve the right to seek damages, including but not limited to any losses, costs, or expenses incurred, as well as any other remedies available under applicable law.

11.3 Submission of Personal & Business Information

Your submission of personal information (such as contact details, billing information, financial information related to purchases, etc.) or business information (such as business-related materials, documents, financial records, sales figures, etc.) through the store, email, website or otherwise is governed by our Privacy Policy. This also covers any information we collect about you, your interactions with our website, and any other personal or business data you provide. To view our Privacy Policy, please see Privacy Policy.

Please also view our Cookies Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

12.1 General Disclaimer on Errors

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

12.2 Right to Correct Errors
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

12.3 No Obligation to Update Information

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

12.4 Update Date Disclaimer

No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - COPYRIGHTS & TRADEMARKS

13.1 Intellectual Property Respect

We firmly believe in protecting the rights of creatives and businesses across the world. While we strive to respect all intellectual property rights, third-party content may occasionally be used inadvertently or unintentionally due to misunderstanding, oversight, error, miscommunication, or technical issues. In such cases, we will promptly remove or correct it upon receiving notification where possible. We are not liable for any damages, losses, or claims arising from such inadvertent or unintentional use, to the maximum extent permitted by law.

All materials on this website — including text, images, videos, graphics, and other content — are provided for informational purposes only and are protected by applicable intellectual property laws. Unauthorized use, reproduction, or distribution of any content without our written consent is prohibited.

13.2 Notice of Copyright Infringement

If you believe that we have published a photograph, image, or other material that features copyrighted content, and you are the owner of said material, and wish it to be credited differently or removed, please email info@blacksandpr.com with proof of ownership at your earliest convenience. We will promptly review your request and take the necessary action.


13.3 Ownership and License of  Website Content

The material on this website, including but not limited to text, images, video, audio, software, graphics, illustrations, and other content, is owned by Black Sand PR & Entertainment Inc., provided by us, or used with permission (under license). Third-party names, trademarks, logos, and other marks are the property of their respective owners and are used solely for illustrative purposes. All content is protected by applicable copyright and intellectual property laws. Unauthorized use, reproduction, or distribution of any material from this website without express written consent is strictly prohibited. While we strive to ensure that all content complies with applicable intellectual property laws, we do not represent or warrant that such material does not infringe the rights of any third party.

13.4 Illustrative Use of Third-Party Content

From time to time, images, logos, or content featured on this website may include responsibly sourced stock images, third-party supplier content, or client names and logos. These are used solely for illustrative purposes in showcasing our portfolio and services, and do not imply ownership by Black Sand PR & Entertainment Inc. of any such third-party content.

13.5 Copyright Protection and Restrictions

All content on this website is protected under the Copyright Act of Canada and by applicable international copyright treaties. The material may not be copied, reproduced, downloaded, posted, republished, transmitted, modified, or distributed, in whole or in part, in any form, without the express written consent of Black Sand PR & Entertainment Inc..

13.6 Ownership of Strategies and Concepts

We remain the sole owners of any strategies, concepts, materials, or content that we provide or develop, whether independently or collaboratively. No rights, licenses, or ownership interests are transferred or granted to you unless expressly agreed to in writing.

13.7 Trademarks and Service Marks

Any trademarks, service marks, logos, or other proprietary marks (collectively referred to as "Marks") displayed on this website are registered or unregistered trademarks of Black Sand PR & Entertainment Inc. or other third parties, and are the property of their respective owners. Under no circumstances may these Marks be used without the written permission of the appropriate owner of such Marks.

13.8 Legal Remedies for IP Protection

Black Sand PR & Entertainment Inc. reserves the right to seek and obtain injunctive, provisional, or interim relief from the appropriate courts to protect its trademarks, intellectual property rights, and confidential information.

 

SECTION 14 - PROHIBITED USES 

14.1 - Prohibited Uses

You are prohibited from and may not use the site or its content for the following purposes:

14.1.1 Unlawful Purposes: 

For any unlawful purpose.

14.1.2 Solicitation: 

To solicit others to perform or participate in any unlawful acts.

14.1.3 Violating Laws: 

To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

14.1.4 Intellectual Property Violations: 

To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

14.1.5 Harassment or Discrimination: 

To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

14.1.6 False Information: 

To submit false or misleading information.

14.1.7 Malicious Code: 

To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

14.1.8 Tracking Personal Information: 

To collect or track the personal information of others.

14.1.9 Spamming and Scraping: 

To spam, phish, pharm, pretext, spider, crawl, or scrape.

14.1.10 Obscene or Immoral Purposes: 

For any obscene or immoral purpose.

14.1.11 Security Circumvention: 

To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

14.2 - Termination of Service

You acknowledge and agree that, in the event your access to the Service is suspended or terminated due to a violation of Section 14.1 or any other breach of these Terms, you are not entitled to any refunds of fees already paid. If you have entered into a separate contract or Project Terms agreement, any amounts owed for the remainder of the contract term shall remain due and payable in full, and we reserve the right to collect such amounts. You further acknowledge that these amounts represent a reasonable estimate of the losses and costs resulting from your breach. Upon termination, we are under no obligation to provide any outstanding or remaining services. All payment obligations that accrued prior to termination shall survive any suspension or termination of your access to the Service, subject to applicable law. 

You acknowledge that violations of any prohibited uses may result in suspension or termination of your access. Please refer to SECTION 19 – TERMINATION for additional information regarding the termination of these Terms of Service and/or any Project-specific agreement.

SECTION 15 - NO PARTNERSHIP, EMPLOYMENT, OR AGENCY

15.1 Relationship of the Parties

You acknowledge, understand and agree that your use of this website or our services does not create any joint venture, partnership, employment, or agency relationship between you and Black Sand PR & Entertainment Inc.. 

15.2 Third-Party Introductions

If we introduce you to third parties, we are acting solely as a connector and are not responsible or liable for their actions, representations, performance, or obligations, to the maximum extent permitted by law. Additional fees may apply for such introductions, including but not limited to commissions, royalties, or other applicable charges, and these will be detailed in the relevant Estimate or Project Terms.

All communication between you and any third parties introduced by Black Sand PR & Entertainment Inc. must be conducted through Black Sand PR & Entertainment Inc., unless expressly agreed otherwise in writing by Black Sand PR & Entertainment Inc..

Refer to SECTION 16 – DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY for additional information regarding Liability and Third-Party Introductions.

15.3 Authority
Our services are provided pursuant to these Terms of Service and/or Project Terms, and nothing herein grants you authority to act on our behalf.

D. Disclaimers, Liability & Risk Allocation

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

16.1 Informational Purposes
All advice, information, content, consultations, or services provided on this website, during preliminary discussions, our services, consultations, or in any other context, are offered in good faith for informational and general guidance purposes only. Although Black Sand PR & Entertainment Inc. may share strategies, insights, or recommendations related to business growth, marketing, or operations, such information does not constitute professional, business, legal, financial, accounting, or other specialized advice. You should not rely on such information as a substitute for obtaining independent professional advice tailored to your specific circumstances. Black Sand PR & Entertainment Inc. makes no representation or guarantee regarding the accuracy, completeness, applicability, or results of any information provided.

You acknowledge that any interactions with Black Sand PR & Entertainment Inc., whether before, during, or after engagement, are at your sole risk. You remain solely responsible for seeking independent professional advice and for any actions taken based on information, consultations, advice, recommendations, materials, products, services, or any other interactions with Black Sand PR & Entertainment Inc..

All consultations, advice, and recommendations provided by Black Sand PR & Entertainment Inc. are based on the information available at the time. You acknowledge that Black Sand PR & Entertainment Inc.’s services are not a substitute for professional advice in areas such as law, finance, health, tax, or any other specialized field. You agree to seek independent professional advice before making any decisions or taking any actions. While Black Sand PR & Entertainment Inc. may provide guidance and strategies, the final decisions, execution, and responsibility for implementation rest solely with you.

16.2 Non-Reliance
You acknowledge and agree that you are not relying on, and have not relied on, any statement, representation, assurance, or information of any kind made by Black Sand PR & Entertainment Inc. or its directors, officers, employees, contractors, or representatives, whether written, verbal, electronic, or otherwise, except as expressly set out in these Terms or in a written agreement signed by an authorized officer of Black Sand PR & Entertainment Inc..

Any informal discussions, general information, or guidance provided by Black Sand PR & Entertainment Inc. do not constitute professional advice and shall not create any reliance, obligation, or liability. You are solely responsible for obtaining independent professional advice before acting on any information or making any decisions.

You acknowledge and agree that you proceed at your sole risk in all circumstances when using the website, content, information, materials, consultations, advice, products, services, or otherwise interacting with Black Sand PR & Entertainment Inc..

16.3 No Warranty / “As-Is” Disclaimer
The services, website, content, materials, and products are provided “as-is” and “as-available,” without any representation, warranty, or condition of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.

Black Sand PR & Entertainment Inc. does not guarantee that your use of the service will be uninterrupted, timely, secure, or error-free. Black Sand PR & Entertainment Inc. makes no warranty that results obtained from the website, consultations, advice, recommendations, materials, information, products, services, or any other interactions will be accurate, reliable, guaranteed, or meet your expectations. Results may vary in all circumstances.

For clarity, this disclaimer applies to all interactions with Black Sand PR & Entertainment Inc., including but not limited to preliminary discussions, website use, consultations, advice, recommendations, materials, products, services, and any third-party interactions, regardless of whether professional advice was sought or relied upon.

Black Sand PR & Entertainment Inc. is not responsible or liable for any errors, omissions, or inaccuracies in the information provided, nor for any losses, damages, or other consequences arising from reliance on such errors or omissions, to the maximum extent permitted by law. You accept full responsibility and risk for all decisions, actions, or outcomes resulting from your use of the website, consultations, advice, recommendations, materials, information, products, services, or any other interactions with Black Sand PR & Entertainment Inc., whether free or paid, and whether or not you have sought professional advice.

16.4 Third-Party Services & Introductions

To the maximum extent permitted by law, Black Sand PR & Entertainment Inc. shall not be responsible or liable for the actions, representations, performance, or obligations of any third parties, and you acknowledge that any interactions with such third parties are at your sole risk.

Additional fees may apply for introductions, including but not limited to commissions, royalties, or other charges, as detailed in Estimates or Project Terms. All communication between you and third parties introduced by Black Sand PR & Entertainment Inc. must be conducted through Black Sand PR & Entertainment Inc., unless expressly agreed otherwise in writing by Black Sand PR & Entertainment Inc..

16.5 Theft, Loss, Damage, or Hacking of Property or Data

To the maximum extent permitted by law, Black Sand PR & Entertainment Inc. is not liable for any theft, loss, damage, or unauthorized access (including hacking) to physical or digital equipment, data, or materials, whether belonging to Black Sand PR & Entertainment Inc. or you, that occurs during the provision of services or otherwise (whether before, during, or after). This includes, but is not limited to, the theft, loss, damage, or hacking of data, intellectual property, or physical equipment (such as computers, hard drives, or documents) either in transit, during storage, or while being used in connection with our services. You must maintain adequate insurance coverage and take appropriate precautions to protect your own data and property, including safeguarding against unauthorized access or cyberattacks.

16.6 Limitation of Liability
To the maximum extent permitted by law, Black Sand PR & Entertainment Inc., its shareholders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, savings, brand reputation, data, or business opportunities, arising from your use of any service, product, website, consultation, advice, recommendations, materials, information, or other interactions with Black Sand PR & Entertainment Inc. or third parties, whether free or paid, and whether or not you have sought professional advice.

For clarity, this limitation applies to all interactions with Black Sand PR & Entertainment Inc., including but not limited to preliminary discussions, website use, consultations, advice, recommendations, materials, and paid services, and applies before, during, and after any engagement, regardless of whether professional advice was sought or relied upon. This includes, but is not limited to, theft, loss, damage, or unauthorized access (including hacking) to data, equipment, intellectual property, or materials, whether physical or digital, whether in transit, during storage, or while being used in connection with our services, and whether occurring before, during, or after the provision of such services.

In jurisdictions that do not allow exclusion or limitation of liability for certain damages, our liability shall be limited to the maximum extent permitted by law. In no event shall the total liability of Black Sand PR & Entertainment Inc. exceed the amount paid by you for the specific service giving rise to the claim. This limitation applies to all claims, regardless of the cause, including errors, omissions, delays, damages, or any other claims based in contract, tort, strict liability, or otherwise.

16.7 Indemnification

You agree to indemnify and hold harmless Black Sand PR & Entertainment Inc. as set forth in SECTION 17 – INDEMNIFICATION.

16.8 Force Majeure

To the maximum extent permitted by law, Black Sand PR & Entertainment Inc. shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, strikes, governmental actions, hacking, illness, death, technological failures, or other unforeseen disruptions. Black Sand PR & Entertainment Inc. will make reasonable efforts to resume services as soon as possible and may attempt to reschedule or complete services. If unable to do so, Black Sand PR & Entertainment Inc. may cancel the service or project. In the case of paid services, Black Sand PR & Entertainment Inc. may, at its sole discretion, issue a partial refund for services not rendered. You agree that you have no right to cancel the service or seek damages or refunds arising from force majeure events.

16.9 Cross-References to Related Policies

You expressly acknowledge and agree that your use of the website, services, products, or materials is subject to, and incorporates by reference, the terms and provisions set forth in, including but not limited to:

• SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
• SECTION 9 – THIRD-PARTY LINKS & THIRD-PARTY LIABILITY
• SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
• SECTION 13 – COPYRIGHTS AND TRADEMARKS
• SECTION 17 – INDEMNIFICATION
  
• Any other relevant policy, guideline, indemnification, or section of these Terms of Service or other agreements made available by Black Sand PR & Entertainment Inc.

By using our services, you expressly agree to comply with, and be bound by, these sections and policies in addition to the liability, disclaimer, and indemnification provisions set forth herein.

16.10 Survival & Catch-All

To the maximum extent permitted by law, Black Sand PR & Entertainment Inc., its shareholders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind, including, without limitation, lost profits, revenue, savings, data, business opportunities, or brand reputation, arising from or related to your use of the website, consultations, advice, recommendations, materials, information, products, services, or any other interactions with Black Sand PR & Entertainment Inc. or third parties, whether free or paid, and whether or not professional advice was sought.

This limitation applies to all claims, regardless of cause, circumstance, or legal theory, including but not limited to contract, tort, strict liability, or any other theory, and includes errors, omissions, delays, miscommunications, reliance on guidance, or any other act or omission.

All disclaimers, limitations of liability, and indemnification obligations survive termination, expiration, or completion of any agreements, engagements, or interactions with Black Sand PR & Entertainment Inc.. The limitations and protections contained in this section apply to all interactions with Black Sand PR & Entertainment Inc. or third parties, whether free or paid, whether before, during, or after engagement, and whether professional advice was sought or relied upon.

In the event of any ambiguity, misinterpretation, or conflict between this section and any other provision of these Terms, this section shall prevail to the maximum extent permitted by law, and Black Sand PR & Entertainment Inc. and its representatives shall remain fully protected from liability.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Black Sand PR & Entertainment Inc., its parent, subsidiaries, shareholders, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, interns, and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, or expenses, including reasonable attorneys’ fees and litigation costs, arising out of or relating to:

1. Your breach of these Terms of Service, any Project Terms, Estimate, or project-specific agreement;
2. Your violation of any applicable law, rule, or regulation;
3. Any act, omission, negligence, inadvertent act, or misconduct by you or any third party acting on your behalf, including subcontractors, vendors, or other agents;
4. Any claim relating to Client Materials, including materials, content, data, instructions, specifications, or other items provided by you, alleging infringement, misappropriation, or violation of intellectual property rights, proprietary rights, privacy rights, or other rights of any third party;
5. Claims arising from or related to your use of the Services, including your interactions with any third parties, whether introduced by Black sand PR & Entertainment Inc. or otherwise;
6. Claims arising from content, communications, campaigns, or materials published, posted, or shared by you in connection with the Services;
7. Claims arising from data breaches, unauthorized access, or failure to comply with security obligations, whether caused by you or any third party under your direction;
8. Any direct or indirect consequences, including lost revenue, business opportunities, or reputational harm, arising from your acts or omissions, whether intentional, negligent, or accidental.
9. Any content or materials you provide to us, including any representations or warranties regarding the ownership of and the right to use such content and materials, and that they do not infringe upon third-party intellectual property, privacy, or other rights;
   
10. Any third-party claims or damages arising from your use of our services or website, including any third parties acting on your behalf, such as contractors, subcontractors, or agents.
11. You agree to ensure that any third parties you engage (e.g., contractors, subcontractors, agents, or affiliates) are bound by these indemnification obligations, and you will take full responsibility for any claims arising from their actions as if they were your own.
    

This indemnification obligation applies regardless of whether claims are caused in whole or in part by the negligence or fault of any Indemnified Party, except to the extent prohibited by law. It is in addition to, and not in lieu of, any other rights or remedies available to Black Sand PR & Entertainment Inc. at law or in equity.

However, nothing in this indemnification clause shall be construed to make the Indemnified Parties responsible for any claims, damages, or losses arising from the actions or decisions of you or any third party engaged by you, except in cases where such claims result from the gross negligence or fraudulent actions of the Indemnified Parties.

This indemnification is intended to apply to the maximum extent permitted by law and survives termination, expiration, or completion of your use of our website and services. In the event of any conflict between these Terms of Service and any other agreements, the Terms of Service shall take precedence.

E. Legal & Administrative

SECTION 18 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 19 - TERMINATION

These Terms of Service govern your use of our website and Services.

Non-Project Users:

• If you have not signed an Estimate for a service or project, you may cease using the website or Services at any time.

Project Users:

• If you have signed an Estimate for a service or project, the Project Terms set out in that Estimate also apply.
• Both these Terms of Service and the Project Terms apply concurrently, and you must adhere to both for the duration of the project (or longer if specified).
• Ceasing use of the website does not release you from any obligations under the Project Terms, including limits on cancellation, refunds, or modifications.
• Signing a Project Terms Estimate does not exempt you from these Terms of Service, which continue to govern your use of the website and Services.
  
  We reserve the right to deny or suspend access to our Services in the event of non-compliance with these Terms of Service or any Project Terms. Such denial or suspension does not release you from any obligations, including payment, indemnification, or other rights and remedies available to us under these Terms of Service or the Project Terms.

In rare cases beyond our control (such as illness, technical failures, or other unforeseen events), we may be temporarily unable to provide Services.

You acknowledge and agree that termination or suspension of access to our Services may occur in accordance with SECTION 14 – Prohibited Uses, including SECTION 14.2 – Termination of Service, and you expressly agree to the provisions set forth therein.

SECTION 20 - ENTIRE AGREEMENT

20.1 Entire Agreement
These Terms of Service, together with any policies or operating rules posted by us on this site or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms.

20.2 Project Terms

Important: If you have signed an Estimate or entered into Project Terms for a service or project, those Project Terms also apply. The website Terms of Service and Project Terms run concurrently, and both must be adhered to for the duration of the project (or longer if specified). Ceasing use of the website does not release you from any obligations under the Project Terms, including any limits on cancellation, refunds, or modifications. Signing a Project Terms Estimate does not exempt you from these Terms of Service.

20.3 Interpretation & Waiver

The Section Headings in these Terms of Service are for reference purposes only and shall not affect the interpretation of this agreement.

The failure of Black Sand PR & Entertainment Inc. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized officer of Black Sand PR & Entertainment Inc.. Any waiver by Black Sand PR & Entertainment Inc. is limited to the specific instance and shall not constitute an ongoing or future waiver of that right or provision.

20.4 Acknowledgment

By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

SECTION 21 - GOVERNING LAW 

These Terms of Service and any Project Terms or other separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein. Any dispute, claim, or controversy arising out of or in connection with these Terms, the Project Terms, or the Services must be brought exclusively before the courts of Québec, Canada, and you hereby consent to the jurisdiction of such courts.

Prior to commencing any legal proceedings, the parties shall attempt in good faith to resolve any dispute through negotiation or mediation in Québec.

We make no representation that the materials on this website are appropriate or available for usage in other jurisdictions. Those who access the website from other locations do so at their own discretion and risk, and are solely responsible for adhering to their local laws.

Language of the Service & Terms

Our services are provided in English, and these Terms of Service are made available in both English and French. To the extent permitted by law, if the French version differs from the English version, the English version shall govern and prevail. You acknowledge that you have read and understood these Terms in the language of your choice.

SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@blacksandpr.com.

Last Updated: December 10th 2025