BC Artisan Terms Of Service

 
 

 

  1. ACCEPTANCE AND DESCRIPTION OF SERVICES
    BC Artisan reserves the right to update and change the Terms at any time without notice. The most current version of the Terms will be available on our website (www.bcartisan.ca). A violation of any of the Terms below may result in the termination of your client web pages with or without warning.

    The website "bcartisan.ca" offers a collective advertising service through the format of client web pages for participating artisans, galleries and suppliers. This advertising service includes the design and maintenance of said web pages at the sole discretion of the BC Artisan and its staff. To access this advertising service, clients complete the Registration Agreement. Clients are required to provide current, accurate contact information.

     

    Clients of 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. Clients and visitors may receive some amount of direct communications from BC Artisan such as service announcements and administrative messages.

  2. REGISTRATION
    Information provided by individuals as part of Client Registration is subject to our Privacy Policy. As a Client, you are exclusively responsible for supplying correct contact information and supplying correct information to be published on your BC Artisan client web pages.

  3. RENEWAL
    Annual renewal of advertising services will be automatically assumed for each subsequent calendar year January to December. Confirmation is required to ensure the information published on their client web page is current. Renewal agreements/ confirmations will be distributed annually via email.

  1. CANCELLATION POLICY
    BC Artisan reserves the right to cancel, without notice, any Client’s web pages should proof be obtained regarding immoral or illegal conduct of business of said Client.

     

    Clients may cancel their web pages by one of the following methods:

    1. In writing and signed by the authorized agent.

    2. Via email, originating from the email address on file in the Registration Agreement and authorized by the proper contact person. A cancellation request made by email will be confirmed through direct contact between BC Artisan staff and the Client’s named contact person.

     

    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.

  2. SECURITY
    Clients/visitors/users are fully responsible for maintaining the security of their own computer and ensuring they have current anti-virus software for emails forwarded from BC Artisan to your email address or emails direct from BC Artisan. BC Artisan and its agents (including, but not limited to, staff members and employees) cannot, and will not, be liable for any loss or damage from failure to comply with this security obligation. Clients/visitors/users acknowledge and agree that under no circumstances will BC Artisan and its agents be liable, in any way, for any acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.

  1. CONTENT, CONDUCT RULES AND OBLIGATIONS
    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. BC Artisan reserves the right to omit Content which is deemed in BC Artisan’s sole discretion harmful, offensive, or otherwise in violation of the Terms or any rules or policies BC Artisan has in place at the time.

    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. BC Artisan staff will practice due diligence in designing client web pages but the final approval of accuracy will be supplied by the client. 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. Clients are responsible for all risks associated with 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 is not responsible for the Content submitted by Clients for their webpages. However, BC Artisan reserves the right to remove any Content that is in violation of our Terms. 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.

  1. WEBPAGE MAINTENANCE AND UPDATES
    Clients may supply new or updated information including photos once within the first initial calendar year, then twice a year thereafter for subsequent years. More frequent updates beyond these stated times may result in a minimal maintenance fee.

  1. PROPERTY
    All 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.

  1. DISCLAIMER OF WARRANTIES
    The BC Artisan advertising 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.

  1. LIMITATION OF LIABILITY
    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.

  1. INDEMNITY
    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.

  1. LEGAL RELATIONSHIP
    The legal relationship between BC Artisan and the Client is that of supplier/customer. 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.

  1. GENERAL
    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.

Effective Date: September 7, 2009

 

 
 

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