ART IN MOTION
TERMS AND CONITIONS OF WEBSITE USE
This site (the “Website”) is operated by Art In Motion Limited Partnership (“Art In Motion”) and these terms and conditions (“Terms and Conditions”) govern the use of the Website by all visitors to the site (“User”). Please read these Terms and Conditions carefully. If you do not agree to the Terms and Conditions, do not access or use the Website. By using the Website, the User agrees to abide by and be bound by Terms and Conditions.
Art In Motion reserves the right to amend the Terms and Conditions from time to time and all such amendments will be effective from the time of posting on the Website. Please review the Terms and Conditions each time you visit the Website. Your continued use of the Website after any amendment of the Terms and Conditions constitutes your acceptance of the amendment.
TRADEMARK
Art In Motion® is a registered trademark of Art In Motion. All of the other trade-marks and trade names found on the Website belong to their respective owners. Use of any trade-mark or trade name displayed on the Website without the prior permission of the owner is expressly prohibited.
COPYRIGHT
Art In Motion is dedicated to copyright protection.
The Website includes content such as web pages, text, illustrations, graphics, logos, icons, software and other materials which are either owned by Art in Motion or are used with permission. In addition, the content of this Website includes artistic images which are displayed for the purpose of sale by Art In Motion. All of the content of the Website, including the images are protected pursuant to copyright laws, international treaties and conventions, and other applicable intellectual property laws. All rights are reserved unless expressly indicated otherwise. Any reproduction, making available or dissemination of any of the content of the Website without the express written permission of Art In Motion is strictly prohibited.
USE OF IMAGES
Art In Motion images are copyright protected and are sold exclusively for use as framed or mounted wall décor. Without the express written permission of Art In Motion, these images cannot be used by others for the manufacture of any product. For further details regarding this policy please contact the Licensing Department at 1-800-663-1308 or via licensing@artinmotion.com.
WEBSITE ACCESS AND USE
Subject to the Terms and Conditions, Art In Motion grants the User limited permission to access the Website for the purpose of viewing its contents and making use of its features for their intended purpose. The User may not download, store, reproduce, disseminate or transmit any part of the Website. Caching of a particular webpage is permitted only to the extent that the User’s browser automatically caches a page while accessing it.
The User may not modify or interfere with any parts of the Website or use any data mining, robots or other data gathering or extraction tools on the Website. The User may not create a hyperlink to the Website nor cause any material to be displayed to users while they are accessing the Website without the prior written permission of Art In Motion.
Art In Motion reserves the right to terminate the Users permission to access and use this Website at any time for any reason. The User’s permission to access and use the Website will automatically terminate upon any breach of these Terms and Conditions or upon any use of the Website which is not authorized by these Terms and Conditions or otherwise authorized in writing by Art in Motion.
PRODUCT INFORMATION
Art In Motion endeavors to display its products as accurately as possible on the Website. However, sizing is subject to slight variations. Art In Motion further reserves the right to revise the framing treatment of products from time to time. Art in Motion makes every effort to display product colors on this site as accurately as possible, but cannot guarantee that the User’s monitor will accurately display the colors. Art In Motion does not warrant that the images will appear in person exactly as they appear on the Website.
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DISCLAIMER
This Website provides information which may be of interest to Users. Art In Motion does not warrant that this Website will be uninterrupted or error free or that the information provided on the Website is accurate or up-to-date. From time to time there may be omissions and inaccuracies in the information provided on the Website. Art In Motion does not make any representations about accuracy, completeness, or reliability of any statement made on the Website. Art In Motion further reserves the right to make alterations and corrections to this Website from time to time.
ART IN MOTION PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY OR SECURITY OF THIS WEBSITE OR THE SAFETY OF ITS USE. ART IN MOTION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING, CUSTOM OR TRADE, IN CONNECTION WITH THIS WEBSITE OR ITS CONTENT INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM COMPUTER VIRUSES, WORMS OR OTHER POTENTIALLY HARMFUL SUBJECT MATTER.
This Website may contain links or references to other websites. Any such links are provided solely as a convenience and Art In Motion does not monitor these websites nor does it recommend, endorse or accept responsibility for such websites or for any products, services or information available therethrough. ART IN MOTION SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS ARISING FROM ACCESS OR USE OF ANY WEBSITE LINKED TO THIS WEBSITE OR RELATING TO ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH SUCH WEBSITES.
LIMITATION OF LIABILITY
ART IN MOTION SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES) LOSSES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE OR RESULTING FROM ANY ERROR, DEFECT, COMPUTER VIRUS, SYSTEM FAILURE OR BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THIS WEBSITE EVEN IF ART IN MOTION IS AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES AND WHETHER OR NOT SUCH DAMAGES, LOSSES OR EXPENSES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT COMMON LAW OR OTHERWISE.
The User hereby releases Art In Motion and its officers, directors, agents, and employees, from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of this Website.
INDEMNIFICATION
The User agrees to indemnify and hold Art In Motion, its officers, directors, trustees, agents, and employees harmless against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms and Conditions.
GENERAL
Art in Motion’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any such provision. Any waiver by Art in Motion of any such provision shall only be effective if made in writing.
Any provision of these Terms and Conditions which is held to be void or unenforceable shall be deemed to be severed here from without affecting the remaining provisions hereof.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to any conflicts of laws principles which would result in the application of the laws of another jurisdiction. All disputes or claims arising from or relating to the subject matter of these Terms and Conditions shall be submitted to and be subject to the courts of the Province of British Columbia. The User agrees to attorn to the jurisdiction of the courts of the Province of British Columbia.
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