TERMS AND CONDITIONS
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Art Just for Me owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
· republish material from this website (including republication on another website);
· sell, rent or sub-license material from the website;
·
show
any material from the website in public;
·
reproduce,
duplicate, copy or otherwise exploit material on this website for a commercial
purpose;
·
edit or
otherwise modify any material on the website;
·
redistribute
material from this website except for content specifically and expressly made
available for redistribution.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host,
transmit, send, use, publish or distribute any material which consists of (or
is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data
collection activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to this website without Art
Just for Me’s express written consent.
You must not use this website to transmit or send
unsolicited commercial communications.
You must not use this website for any purposes related
to marketing without Art Just for Me’s express written consent.
User content
In these terms and conditions, “your user content”
means material (including without limitation text, images, audio material,
video material and audio-visual material) that you submit to this website, for
whatever purpose.
You grant to Art Just for Me a worldwide, irrevocable,
non-exclusive, royalty-free license to use, reproduce, adapt, publish,
translate and distribute your user content in any existing or future
media. You also grant to Art Just for Me
the right to sub-license these rights, and the right to bring an action for
infringement of these rights.
Your user content must not be illegal or unlawful, must
not infringe any third party's legal rights, and must not be capable of giving
rise to legal action whether against you or Art Just for Me or a third party
(in each case under any applicable law).
You must not submit any user content to the website
that is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
Art Just for Me reserves the right to edit or remove
any material submitted to this website, or stored on Art Just for Me’s servers,
or hosted or published upon this website.
Notwithstanding Art Just for Me’s rights under these
terms and conditions in relation to user content, Art Just for Me does not
undertake to monitor the submission of such content to, or the publication of
such content on, this website.
No warranties
This website is provided “as is” without any
representations or warranties, express or implied. Art Just for Me makes no representations or
warranties in relation to this website or the information and materials
provided on this website.
Without prejudice to the generality of the foregoing
paragraph, Art Just for Me does not warrant that:
l this website will be constantly available,
or available at all; or
l the information on this website is complete,
true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to
constitute, advice of any kind. [If you
require advice in relation to any [legal, financial or medical] matter you
should consult an appropriate professional.]
Limitations of liability
Art Just for Me will not be liable to you (whether
under the law of contact, the law of torts or otherwise) in relation to the
contents of, or use of, or otherwise in connection with, this website:
l to the extent that the website is provided
free-of-charge, for any direct loss;
l for any indirect, special or consequential
loss; or
l for any business losses, loss of revenue,
income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of
information or data.
These limitations of liability apply even if Art Just
for Me has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or
limit any warranty implied by law that it would be unlawful to exclude or
limit; and nothing in this website disclaimer will exclude or limit Art Just
for Me’s liability in respect of any:
l death or personal injury caused by Art Just
for Me’s negligence;
l fraud or fraudulent misrepresentation on the
part of Art Just for Me; or
l matter which it would be illegal or unlawful
for Art Just for Me to exclude or limit, or to attempt or purport to exclude or
limit, its liability.
Reasonableness
By using this website, you agree that the exclusions
and limitations of liability set out in this website disclaimer are
reasonable.
If you do not think they are reasonable, you must not
use this website.
Unenforceable provisions
If any provision of this website disclaimer is, or is
found to be, unenforceable under applicable law, that will not affect the
enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Art Just for Me and undertake to
keep Art Just for Me indemnified against any losses, damages, costs,
liabilities and expenses (including without limitation legal expenses and any
amounts paid by Art Just for Me to a third party in settlement of a claim or
dispute on the advice of Art Just for Me’s legal advisers) incurred or suffered
by Art Just for Me arising out of any breach by you of any provision of these
terms and conditions, or arising out of any claim that you have breached any
provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Art Just for Me’s other rights
under these terms and conditions, if you breach these terms and conditions in
any way, Art Just for Me may take such action as Art Just for Me deems
appropriate to deal with the breach, including suspending your access to the
website, prohibiting you from accessing the website, blocking computers using
your IP address from accessing the website, contacting your internet service
provider to request that they block your access to the website and/or bringing
court proceedings against you.
Variation
Art Just for Me may revise these terms and conditions
from time-to-time. Revised terms and conditions
will apply to the use of this website from the date of the publication of the
revised terms and conditions on this website.
Please check this page regularly to ensure you are familiar with the
current version.
Assignment
Art Just for Me may transfer, sub-contract or otherwise
deal with Art Just for Me’s rights and/or obligations under these terms and
conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal
with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is
determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable
provision would be lawful or enforceable if part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in
effect.
Entire agreement
These terms and conditions, together with the Privacy
Statement and Copyright Notice, constitute the entire agreement between you and
Art Just for Me in relation to your use of this website, and supersede all
previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and
construed in accordance with Canadian Law, and any disputes relating to these
terms and conditions will be subject to the exclusive jurisdiction of the
courts of Canada.
Credit: This
document was created using a Contractology template available at
http://www.freenetlaw.com.
