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Software Licenses and Ownership.
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Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Other than the limited license granted herein, nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software.
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By posting or uploading Submissions to the Web site, you grant Artsculture.ca a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of Artsculture.ca; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Artsculture.ca is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential.
While Artsculture.ca cannot and will not review Submissions before they are posted, Artsculture.ca reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that Artsculture.ca may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site.
Artsculture.ca responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Artsculture.ca.
While Artsculture.ca is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party’s right to access and use the Web site (or any portion thereof).
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Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. Artsculture.ca, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Artsculture.ca, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. Artsculture.ca, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, Artsculture.ca, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). Artsculture.ca is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by Artsculture.ca.
You release Artsculture.ca and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site.
Notice and Procedure for Making Claims of Copyright Infringement.
It is the policy of Artsculture.ca to respond to claims of intellectual property infringement. Artsculture.ca will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to firstname.lastname@example.org
To be effective, the notification of infringement must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to indemnify, defend and hold harmless Artsculture.ca and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Web site or any Web site to which the Web site is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Web site; and/or (iv) your violation of any law or regulation.
To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Artsculture.ca has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Artsculture.ca has the right to suspend or terminate your access to and use of the Web site (or any portion thereof).
To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Artsculture.ca immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Artsculture.ca cannot and will not be liable for any loss or damage arising from Artsculture.ca’S failure or your failure to protect your password or account information.
Please note that information sent or received over the Internet is generally unsecure and Artsculture.ca cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
Artsculture.ca may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). Artsculture.ca may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction.
The Web site (excluding linked Web sites) is controlled by Artsculture.ca from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Any consent by Artsculture.ca to, or waiver of, a breach of this Agreement, which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Artsculture.ca that expressly reference this Agreement, this is the entire agreement between you and Artsculture.ca relating to the matters contained herein.
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