If you are using these Services for another entity such as an employer you must identify that entity to us and you confirm that you have their authority to act on their behalf as their agent for the purpose of entering into this agreement (in which case further references to “you” in this agreement will be taken as a reference to the party you are acting for.)
Use of these Services, or use of access to certain features of the site, may require registration of an account. If you are required to register you agree to provide only true and accurate information in your account, and to maintain the accuracy of the information (if for example your shipping address changes).
Your account is unique to you, and is not assignable to any party without our consent, which we may refuse or exercise at our sole discretion.
You will be responsible for maintaining the security and privacy of any password that is associated with your account, and for all activities done by a party using your account. If you become aware of any unauthorized use of your account or access to your password, you agree to promptly advise us.
Your account and any features associated with the account, such as your username, can be terminated or modified by us at any time, without compensation or recourse. We may do this at our sole discretion.
As part of your account registration you will be required to provide contact information. You consent to receive communication from us pursuant to the contact methods you have indicated as part of the registration. Should you wish to change your preferred communication method at any time you will update your contact preferences in your account.
You agree that any communication or material sent to you through the contact method you have indicated in your account will be deemed to have been received immediately if by email, text, or similar electronic means, within 5 business days if sent by mail, and at the time indicated by the party delivering the communication or if sent by registered mail or courier.
Your use of the Services is a contractual one with us, and does not in any way form an employee/employer or partner/partner or principle/agent relationship. You are responsible for all costs associated with your use of the Services, such as a computer or cell phone and data plan.
Your use of the Services is a contractual one with us, and does not in any way form an employee/employer or partner/partner or principle/agent relationship. You are responsible for all costs
Much of the art sold through the Services provided is provided to us by third parties and sold on a commission basis.
Unless expressly stated in writing by us using the word “Warranty” or “Guarantee” we make no representations or warranties of any kind, expressed or implied, with respect to the art sold, including: Provenance, attribution, authenticity, fitness for purpose, ownership, size, materials, quality and condition.
We are not responsible for statements made by other parties about the Art available through the Services. Any statements made orally, in writing or otherwise, by the artist or any other party, regarding the art will not be considered a representation, warranty, or assumption of liability of any kind by us.
Art listed through the Services is at our sole discretion, and we reserve the right to cancel any potential sale, and to refuse to list or to delist any particular piece at any time (subject to any agreement we may have with the seller or artist).
We may receive a commission on the sale of art sold through the services, subject to separate agreement between ourselves and the seller and or artist, and this may or may not, at our sole discretion, be disclosed to users of the Services such as yourself.
All decisions on purchases of art through the Services are at your sole discretion. Once purchased, no returns or refunds will be offered, regardless of any defect inherent or apparent, for art for which any of the following applies:
In the event that art is provided to you for which you do not accept delivery, we reserve the right to charge a restocking and delivery fee.
Sales may be subject to taxes, and you agree that you will be responsible for paying any applicable tax on the purchase, which in the case of GST and or PST we may collect and remit on your behalf.
If you are claiming a tax exemption for any purchase you agree to provide in advance of a sale all evidence we request that may be required to demonstrate the applicability of the exemption to our satisfaction.
Most art offered through the Services is provided for inspection prior to sale through our preview services. This can be arranged, subject to our availability, on site at our gallery, or through delivery to your preferred location. Current fees for this service are CAD100 per artist for up to three pieces of art from that artist. If viewing is at your location, you may also be required to provide a further fee for shipping in some cases, and a security deposit.
If you are a designer and indicate you wish to partake in our designer program you will provide your brand name and legal identity to us at the time of registering your account. Once we have verified same we will authorize, at our sole discretion, remote access to exclusive media content regarding the art.
Designers who use art purchased through the Services agree to provide commercial quality images of their use of the art to us to verify their use and for, at our sole discretion, marketing of the art and/or promotion of the designer.
You agree not to engage in any unauthorized copying or reproduction of any portion of the Services, including copying any images, of whatever quality or resolution, of the art being offered for sale or otherwise displayed on our site.
You agree to not link to the site in a way that would interrupt or interfere with our business. If you are in doubt please reach out to us to discuss your proposed linkage.
You agree that all copyright in the art displayed on the site, and in the trademarks used on the site are the property of the respective owners, and you will not engage in infringement of same or encourage or promote infringement by third parties.
Nothing in your use of the Services or this agreement provide you with any right, or license to our intellectual property or the intellectual property of other parties used on the Service, including copyrights and trademarks.
You assign to us a permanent transferable license for the commercial use of any materials you submit to us in your use of the services, including the right to reproduce in whole or in part, with or without attribution, any comments you provide us, and any images you provide us, and you expressly waive any moral rights claim you may have with respect to such work as against us and any party we assign these rights to.
28. If you wish to reproduce any of the art displayed or sold through the Services we are happy to discuss the possibility with you, or try to help you identify the appropriate party to speak to. Please reach out to us at firstname.lastname@example.org identifying:
You agree that you will not, directly or through encouraging or assisting others:
11.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH WE (INCLUDING OUR OFFICERS, EMPLOYEES, AND OTHER RELATED PARTIES) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
We are always happy to receive any inquiry or question you may have about this agreement, our Services, and the art offered through our Services. While we will try to respond to all such inquiry we note that we do not have any obligation to respond, in a timely manner or otherwise, and that any advise we provide is ‘as is’ and is not intended to act as a warranty or guarantee unless expressly indicated in writing, and will not modify or amend this agreement unless an intention to do so is clearly expressed by us in writing.
You agree to indemnify, defend, and hold harmless us and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); and/or your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense and you agree not to settle any such matter without our prior written consent.
This agreement shall be governed by the laws of British Columbia, Canada.
All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered before a single arbitrator by the Vancouver International Arbitration Centre (VanIAC) pursuant to its applicable Rules. The place and seat of arbitration shall be Vancouver, British Columbia, Canada.
No Partnership or Employee Relationship
No Representations or Warranties
a. art which is commissioned by you, or
b. art that is customized for you,
c. art that is expressly indicated as final sale, or
d. art that has been signed for on delivery by yourself or any adult at the address of delivery who appears to be acting on your behalf.
Preview and Designer Preview Services
• Which work you wish to use (including a url if applicable)
• Your name and contact information
• How you wish to use the work (website, t-shirt, book, single copy, 1000 print run, etc.)
• When you want to use it (starting date and if applicable end date)
• And for what purpose (commercial, educational, charity, etc.)
No Abusive Behavior
a. Post or publish on the Service, or about the service any defamatory, abusive, misleading, sexual explicity, obscene or violent materials.
b. Use the Service to participate in any criminal activit.
c. Use the Service in a manner which harasses or harms other users or us.
d. Collect any non-public information about the Service, such as user information or passwords.
e. Access our Services in any manner other than that clearly intended for user access, including any use of bots, crawlers, scrappers, or the like.
f. Breach, disable or circumvent any security or authentication measure which we use in providing the Services.
g. Mirror, frame or display any part of our Services (other than display as intended on your own personal device) in any manner without our express prior written permission;
h. Create a false impression of affiliation or partnership with us, whether through use of our trademarks or otherwise.