1. Acceptance of Agreement
The content of the Site and the organization, gathering, compilation, magnetic translation, digital conversion, electronic transmission thereof are protected under applicable law relating to copyrights, trademarks and other proprietary rights (including but not limited to intellectual property) and are strictly reserved in favour of Art Branch. The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 3, is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site or contribution of content does not constitute a waiver of any right in such information and materials.
3. Limited Right to Use
(1) The viewing or downloading of any content from this Site grants the User only a limited, non-exclusive licence to use said content solely for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).
(2) Art Branch reserves to revoke the User’s license to the content contained herein deny access to the Site to any User at any time in its sole and absolute discretion for any reason, including without limiting the generality of the foregoing the violation by the User of this Agreement.
4. Posted Content
(1) If this Site provides the opportunity for anyone to post messages, web logs, articles, text, files, images, photos, video, sounds, or other materials (“Posted Content”), the User is entirely responsible for all Posted Content that you post, email or otherwise make available on the Site. User shall not, under any circumstances, supply Posted Content to the Site that,
(a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, pornographic, or is harmful to minors in any way;
(b) is false, deceptive, misleading, including Posted Content that supplies misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Posted Content;
(c) infringes any patent, trademark, copyright, industrial design, or other form of intellectual property right;
(d) contains personal information, as that term is defined in the Personal Information and Electronics Documents Act (Canada) (“PIPEDA”) without the express consent of the person to whom the personal information relates obtained in accordance with the provisions of PIPEDA.;
(e) constitutes unsolicited e-mail, junk mail, spam, or any form of advertising or solicitation for commercial purposes;
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) is designed to disrupt the flow of messages, make disproportionately high use of network resources or infrastructure, or otherwise negatively affect the ability of others to supply Posted Content;
(h) is in violation of any law, including any statute, regulation, or common law requirement (including such requirements in law and equity); and
(i) is Posted Content that is deemed prohibited by Art Branch in its sole and absolute discretion that may be exercised unreasonably at any time.
(2) User also hereby agrees that they shall not use the Site and the ability to supply Posted Content to,
(a) contact anyone against their will or “stalk” or otherwise harass anyone in any manner;
(b) collect personal data about anyone for commercial or unlawful purposes; and
(c) attempt to gain unauthorized access to Art Branch’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or any other website operated and maintained by Art Branch or any Affiliated Parties.
(3) The User acknowledges that notwithstanding the above Art Branch does not pre-screen or approve Posted Content and that the User may be exposed to Posted Content that is offensive, indecent or objectionable.
(4) User further acknowledges that Art Branch shall have the right (but not the obligation) in its sole and absolute discretion to refuse, delete or move any Posted Content that is on the Site at any time. User understand that all Posted Content on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Posted Content originated and Art Branch shall not be liable for any damages arising therefrom as contemplated by Section 8 (Disclaimer).
5. Editing, Deleting and Modification by Art Branch
Art Branch reserve the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
User agrees to indemnify, defend and hold Art Branch and its directors, officers, employees, partners, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a User’s violation of this Agreement or use of the Site including, without limiting the generality of the foregoing, any legal fees incurred by Art Branch as a result of any such violation on a full indemnity basis.
User’s right to use the Site is not transferable. Any password or right given to User from time to time to obtain forms or contribute content is not transferable.
(1) THE ARTICLES, ADVERTISEMENTS, FORMS, AGREEMENTS, POSTED CONTENT AND OTHER INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF ANY PRODUCT OR SERVICE INCLUDED ON THE SITE). THE INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ART BRANCH AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER’S USE OF ANY INFORMATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ART BRANCH AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ART BRANCH AND USER. THIS SITE AND THE INFORMATION CONTAINED HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE USER’S SOLE REMEDY IN RESPECT OF ANY DAMAGES SUFFERED AS A RESULT OF THEIR USE OF THE SITE SHALL BE TO IMMEDIATLEY DISCONTINUE HIS OR HER USE OF SAME.
(2) The articles, advertisement, forms, agreements, and other information within the Site or available through the Site may not be appropriate under the circumstances for any particular transaction. The specifics of a given situation may require provisions not contemplated in the forms or documents. Requirements for the validity an agreement or form may also vary greatly from province to province and country to country. Laws change rapidly and may be interpreted differently in various jurisdictions. No representations, warranties or guarantees whatsoever are made as to the accuracy, currency, completeness, adequacy, reliability, suitability or applicability of any information contained herein to a particular situation.
(3) Each form and document on the Site should be treated as a guide or starting point and should not be considered a substitute for professional advice. The Site and its contents is provided with the understanding and agreement that Art Branch and its Affiliated Parties are not engaged in rendering any professional services. If expert assistance is required, the services of a competent professional should be sought. User assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form or document and for the selection of a form or document to achieve User’s intended results.
(4) All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is hereby disclaimed.
9. Use of Information
10. Links to Other Sites
(1) Art Branch provides links on the Site allowing access to third party merchant (“Merchants”) sites from which Art Branch users may obtain information and possibly purchase certain goods or services. User understands that neither Art Branch nor its Affiliated Parties operates or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Neither Art Branch nor its Affiliated Parties is a party to the transactions entered into between Users and Merchants. User agrees that information about and purchase and use of the products or services offered by the Merchants is AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY ART BRANCH, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS ART BRANCH OR ITS AFFLIATED PARTIES LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE ART BRANCH SITE. ART BRANCH WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM ACCESS TO MERCHANT SITES OR THE USE OF ANY PRODUCTS OR SERVICES OFFERED BY MERCHANTS.
(2) This Site may contain links to other websites other than Merchant Sites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you decide to leave Site and access these third party sites, you do so at your own risk.
11. Third Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants’ sites. Art Branch is not responsible for information provided by Users to Merchants. Merchant and Art Branch are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
12. Copyrights and Copyright Agents
(1) We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site or other website as applicable;
(d) your address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(2) Please send all notice of claims of copyright infringement with the above information to:
Art Branch Inc.
2384 Yonge St.
P.O. Box 1372
Toronto, Ontario M4P 3J4
13. Governing Law and General Provisions
(1) This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, Canada and governed by the laws of Ontario and the laws of Canada as may be applicable herein. All disputes, controversies or claims arising out of in connection with or in relation to this Agreement, including any question regarding its existence or validity shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario (including the Supreme Court of Canada), which shall have exclusive jurisdiction in the event of any dispute hereunder. The parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action, or proceedings arising out of or in connection with this Agreement.
(2) In using the Site, the User hereby agrees to comply with all legislation, regulations, common law requirements (including such requirements in law and equity) as may be applicable and in force pursuant to the laws of Ontario and Canada.
(2) All actions shall be subject to the limitations set forth in Section 8. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
(3) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Art Branch to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.