Changes to the Terms and the Website
- We reserve the right, in our sole discretion, to add to, modify, remove or otherwise change any part of the Terms in whole or in part at any time. You should check the Website periodically for changes to the Terms. Changes will be effective when notice of such change is posted at the Website. If any change is not acceptable, you must discontinue your use of the Website immediately. You agree that your continued use of the Website after any such changes are posted will constitute acceptance by you of such changes. No change to the Terms that is not posted to the Website by us is valid unless it is in writing and signed by an authorized signing officer of Elissa Cristall Gallery.
- We have developed and continue to develop this Website for the use of our customers, patrons, clients, vendors, suppliers, prospective customers, the general public and anyone else interested in Elissa Cristall Gallery, its products and services. We may modify, correct, add, suspend, terminate, discontinue, impose limits, restrict your access or otherwise change any aspect of the Website, including the availability of any features and any User Submissions or other content or materials, at any time without notice or liability.
- You are free to utilize and download any of the material posted on this Website for personal, non-commercial purposes and uses only, to store it temporarily on a single computer, and to print it solely for your own personal use. You agree to abide by any and all copyrights associated with the information contained in this Website and abide by any restrictions contained in and among any content on this Website. You also agree that you are solely responsible for any actions and communications undertaken or transmitted in relation to your use of this Website, including your own User Submissions.
- Except as expressly permitted by the Terms, and as a condition of your use of this Website, you may not, you may not attempt to, nor may you allow or encourage, promote or advise others to, directly or indirectly:
- print, download or otherwise save to any storage device or fix to any medium, any of the content of this Website;
- reproduce, produce, display, broadcast, perform, translate, reverse engineer, copy, sell or distribute, transmit, create derivative works, modify or attempt to modify this Website in any way, except through any function specifically provided by this Website to do so;
- use this Website for any commercial purposes including but not limited to any commercial solicitation;
- transfer or send any downloaded material to any other person;
- use this Website for an unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party or in a manner that could disable, damage or impair this Website;
- disable, interfere, or circumvent the security of, or in any way abuse, this Website or any system resources, services, accounts, servers or networks connected to or accessible through this Website an affiliated or linked site, including any and all security features or functions of this Website;
- interfere or disrupt with any other individual’s enjoyment of or use of this Website and/or any affiliated or linked Websites, Applications or Plugins;
- except for the purposes of indexing this Website to create search functions available to the public, use any spider, robot or any other automatic program or device, or manual process, to monitor, copy, summarize, scrape or otherwise extract information from this Website;
- use another individual’s email address, password or any other information without that individual’s consent and the prior written authorization of an authorized representative of the Art Office, create and/or use any false identities on this Website, impersonate another individual or otherwise misrepresent your status, identity, affiliations or qualifications;
- transmit any junk mail, spam, chain letter or any other type of commercial solicitation or unsolicited mass email or message to or from this Website;
- attempt to obtain unauthorized access to this Website or any portion of this Website which is restricted or access is limited; or
- harvest and/or collect any information about any other user of this Website.
- We reserve all right, immediate and without any prior notice, to terminate or suspend access to this Website. We also reserve the right to restrict, limit, and/or decline registration for this Website in whole or in part at our sole discretion. If your registration on this Website is terminated, you may not re-register on this Website (including and without any limitation use another email address) without the prior written consent of Elissa Cristall Gallery.
- Certain logos, icons, names, words, titles, marks, phrases, graphics and designs on this Website constitute trade-names, trade-marks or service marks of the Art Office, and our affiliates, are protected by law and may not be used, copied, imitated or used (including without limitation use in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owners.
- Any unauthorized copying, downloading, transmission, publication or modification of this Website, including trademarks, trade names and service marks, may violate international, federal, provincial, state, common or civil law trade-mark law and copyright law, and may result in legal action.
- If you believe that any of the content used or displayed on this Website may infringe on copyright or other intellectual property rights held by you or a third party, please contact us immediately. We will take steps to investigate and, if appropriate, remedy any such infringement or potential infringement.
- If you submit, transmit or upload suggestions, ideas, notes, text, graphics, images, photographs, videos or other audio-visual material, concepts, data, applications, software, code, programmed instructions or other information (collectively, the “User Submissions”) to the Website, or to us by email, through the Website or by other means of communication, ownership of such User Submissions shall remain with you, provided that the communication of such User Submissions shall be deemed to be your permission and grant:
- to us and our successors, assigns and applicable affiliates, of a perpetual, worldwide, irrevocable, non-exclusive license, without compensation, reimbursement or any other payment, to publish, copy, perform, communicate, distribute, display, create derivative works, sublicense, translate, adapt and otherwise use any Submission without restriction and for any purpose whatsoever, whether commercial or otherwise; and
- You hereby waive any moral rights in or to such User Content Submissions all in favour of Elissa Cristall Gallery.
- You represent, warrant and covenant that:
- you own or have the unencumbered right to submit to us your User Submissions and grant us the rights set forth above, including, without limitation, that you have all applicable licenses, consents, permits, permissions, clearances and waivers, whether in respect of intellectual property rights, proprietary rights, moral rights, personality rights, personal information rights, confidentiality restrictions or otherwise.
- None of the User Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of the User Submissions. You acknowledge and agree that you are solely responsible for your User Submissions and the posting, transmission or publication thereof on or through the Website.
- You agree not to upload, post, distribute or otherwise transmit on, through or to the Website:
- any virus, worm, backdoor, trojan, trojan horse, shutdown mechanism or similar software, code, script or program which is intended to, is likely to or has the effect of disabling, denying access to, damaging or destroying, corrupting or affecting the normal use of the Website or any data, software or equipment stored thereon or used in conjunction therewith;
- any material that contains any error, deficiency, omission, misstatement or misrepresentation;
- any material that is or is reasonably likely to be construed as threatening, intimidating, abusive, harassing, violent, hateful, degrading, prejudice, deceptive, fraudulent, libellous, defamatory, obscene, pornographic, profane or harmful to individuals, or that may otherwise result in regulatory, criminal or civil liability;
- any material that is or is within reason likely to contravene any law, regulation, decree, statute, order or similar rule;
- any material that, when used on this Website, violates any agreement, intellectual property rights, moral rights, publicity rights, privacy rights, fiduciary obligations or other rights of a third party;
- any commercial solicitation, advertisement or other material intended to promote the sale or supply of goods or services, including and without limitation any material for which you receive any compensation, fee or other incentive or reward to post to websites; or
- any material that contravenes any notice or guideline posted to the Website from time to time by Elissa Cristall Gallery.
- We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any illegal information or materials.
- Although we may from time to time (and reserve the right to) monitor or review User Submissions and other content, discussions, chats, postings, transmissions, bulletin boards, and other material posted to the Website by other users or third parties, we are under no obligation to do so and assume no responsibility or liability arising therefrom, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. You hereby waive any rights or remedies you may have against us in respect of any User Submissions or your reliance thereon. We reserve the right (but have no obligation) to edit, modify, remove, redact or refuse to display or post any User Submissions on this Website in our sole discretion without notice or liability.
- You acknowledge that any use of or reliance on this Website and any information on this Website shall be at your sole risk. We make no representation or warranty of any kind regarding this Website, all of which is provided on an “as is” and “as available” basis. Elissa Cristall Gallery, has no obligation to maintain either the availability or the currency of the Website and have no obligation or liability for the Website (including any User Submissions) or for any damages to users of the Website, however caused.
- We will not:
i. warrant that the Website will continue to operate, operate without interruptions or that it will be error free, that defects will be corrected or that it will be free of viruses or other destructive elements; or
- guarantee, and/or make no representation, condition or warranty as to the truthfulness, accuracy, reliability, adequacy, correctness, currency, veracity or completeness of this Website or any portion or functionality thereof;
- endorse any statements or opinions expressed on the Website by third parties, including without limitation other users of the Website, plugin and theme developers or third parties advertising on the Website.
- We will not:
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF WORKMANSHIP, MERCHANTABILITY, SATISFACTORY QUALITY, LATENT DEFECTS, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
Exclusion and Limitation of Liability
- YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE) UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING TO:
- THE WEBSITE OR THE USE THEREOF OR THE INABILITY TO USE THE WEB SITE IN ANY MANNER WHATSOEVER; OR
- ANY UNAUTHORIZED ACCESS TO THE WEBSITE OR BREACH OF SECURITY, INCLUDING TO ANY OF YOUR USER SUBMISSIONS OR YOUR REGISTRATION INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
- IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ALL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR THE RIGHT TO ACCESS THE WEBSITE IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THE TERMS SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY.
- SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, BUT IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- You are free to create links to the Website, provided such link does not portray us or any of our products or services in a false, misleading, derogatory or defamatory manner and provided such link does not trigger any pop-up, pop-under window or the presentation of any other type of advertisement or notice. We reserve the right to revoke this limited right at any time. You may not use frames or framing techniques to enclose all or any part of the Website or otherwise embed any materials from the Website within another website or location, or use masks, overlays or similar techniques or methods to alter, hide or reformat the presentation of all or any part of the Website or to layer other content or materials on top of or within the browser window within which the Website is presented, without our prior written consent.
- The Terms apply to the Website. Other websites or domains associated with or made available by Elissa Cristall Gallery. Text may be governed by separate terms and conditions or separate privacy policies.
- This Website is controlled, operated and administered by us and our affiliates from our offices in Canada. We make no representation or warranty that the Website is appropriate or available for use at any location outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all local law. You may not export any of the Website in violation of any applicable export laws and regulations.