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BC Artisan Terms Of Service |
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The website "bcartisan.ca" is a free promotional site featuring artists, crafters and galleries from British Columbia, Canada.
Artists, crafters, galleries featured on BC Artisan and visitors to
any web page on the BC Artisan web site who view "content" which
includes text, images, and other media, may be subject to all or
part of these Terms.
REGISTRATION CANCELLATION POLICY
Clients may cancel their web pages by one of the following methods:
All cancellations will result in the removal and destruction of the
client's web pages and original art/photos supplied. However, any
photos of art used in collages or the promotion and/or design of the
BC Artisan website and webpages will remain the property of BC
Artisan for the sole purpose of enhancing and promoting the website/webpages. SECURITY
Clients and any person authorized to act on behalf of the Client must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Clients understand that the accuracy of all information, data, text, photographs, graphics, goods, products, services or other materials ("Content") is the sole responsibility of the Client.. Clients are responsible for all risks associated with the use of any Content. By the Client's submission, use and viewing of Content, Clients understand that BC Artisan has complete rights to remove, alter, replace, or reproduce all Content. BC Artisan staff will practice due diligence in designing Client web pages according to any special requests. BC Artisan does not guarantee the accuracy, integrity or quality of such Content. In no way and under no circumstances will BC Artisan be liable for any Content.. BC Artisan is not responsible for the Content submitted by Clients. BC Artisan reserves the right to remove any Content based on their sole discretion. BC Artisan reserves the right to decide what content is appropriate and will only publish what is deemed acceptable by BC Artisan and their staff and Canadian and Provincial law.
Clients may supply new or updated information including photos seasonally (four times a year).
All BC Artisan art elements, including but not limited to backgrounds, graphics, art elements, bullets, and photos created by BC Artisan published on the BC Artisan web site pages, are copyrighted material and not for resale. Such items may not be copied, duplicated, or used without obtaining license from BC Artisan. Unauthorized use of said elements may result in legal action.
The BC Artisan promotional service is provided to clients "as is" and "as available" with no warranty. BC Artisan disclaims all warranties or conditions of any kind, whether expressed, implied or assumed, including, but not limited to, the implied condition of satisfactory quality. Clients, visitors and users acknowledge that to rely on any information or content on the BC Artisan website or web pages, is to do so solely at your own risk.
Notwithstanding any provision of this agreement to the contrary, regardless of the form or cause of action whether in contract or tort or the number of claims, whether or not such damages are foreseeable or BC Artisan has been advised of the possibility of such damages, and whether in respect of a breach or default in the nature of a breach of condition or fundamental term or a fundamental breach: (A) neither BC Artisan nor any of its directors, officers, employees, agents or representatives shall have any liability to the Client for any economic, consequential, indirect, incidental or special damages (including, but not limited to, any lost revenues or profits) arising out of or related to this agreement, and (B) BC Artisan’s entire liability for any claim arising out of or related to this agreement shall be limited to actual, direct, provable damages not to exceed the amount received by BC Artisan from the Client for their registration for advertising services on BC Artisan for the current year for which the claim arises. For greater certainty, and without limiting the generality of the foregoing, this exclusion of liability shall apply to any costs, losses or damages of any kinds whatsoever arising from or related to access delays or interruptions to the BC Artisan web site, the Client’s web pages on the BC Artisan website, or links to the Client’s email or existing website, or BC Artisan’s failure or refusal to register, renew, transfer, maintain, modify or cancel a Client’s registration.
By using Services under these Terms, the Client agrees, at your own expense, to indemnify, defend and hold harmless BC Artisan and its affiliates, officers, directors, employees, consultants, agents, suppliers, licensors, co-branders, and other partners from and against any and all third-party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; (c) your violation of any applicable law; and (d) your Content, use of Services, connection to Services, or your violation of any other rights of any other party; regardless of whether you are registered as a Client. BC Artisan will not be liable for any of its services. BC Artisan has the right to cancel our service at any time, and we will not be liable for any files that are lost and/or corrupted which may occur (including, for example, from a system crash, security breach, or hard disk failure). To the full extent permissible under the applicable law, BC Artisan shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use BC Artisan services.
The legal relationship between BC Artisan and the Client is that of service provider/client. Under no circumstances shall this Agreement be construed to create a partnership, agency or joint venture between BC Artisan and the Client. Neither party shall have any right, power or authority to act on behalf of the other party and neither party shall create any express or implied obligations or financial commitments on behalf of the other party.
These terms of use shall be governed by and construed in accordance with the laws of British Columbia. Both parties submit to the personal jurisdiction in British Columbia, Canada. These Terms of Use constitute the entire agreement between you and BC Artisan with respect to the Service. You acknowledge and agree that you have read and understand the provisions of these terms of use. By completing the Registration Agreement and advertising on this site, you consent to the terms of use described herein, including any updates. BC Artisan reserves the right to vary these terms of use from time to time and will update the "Effective Date" shown below when such changes are made. Updated: October 24,2010
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