Terms & Conditions
GENERAL
Please read these Terms of Use prior to using the www.artprovocateur.gallery website (the “Website”) and associated services. Since you agree to be bound by these Terms of Use (the “Agreement”), Art Provocateur Gallery Inc. (“APG”) reserves the right to change these Terms of Use, in whole or in part, at any time without notice. Accordingly, you should always review this page prior to using the Website and associated services in order to ensure that you have an understanding of the terms under which you are permitted access to this website. Your use of the Website and associated services shall be deemed acceptance of the terms contained herein. Should you disagree with the Terms of Use, you must discontinue your use of the Website and/or services.
COPYRIGHT
The website design, text and graphics, and the selection and arrangement of such elements is copyrighted material of APG or the entity from which APG licenses the copyrighted material. Any reproduction, distribution, republication, posting, or transmission in any form or by any means without the prior written approval of APG and/or the licensor is prohibited. This permission terminates automatically, without the need of notification, if you breach any of these Terms of Use.
SITE WARRANTY
The information, materials and services contained on the Website, including but not limited to the graphics, links and other items, are being provided to you on an “as is” and “as available” basis with no warranty. APG does not warrant or guarantee the accuracy, adequacy or completeness of this information and materials, and expressly disclaims liability for any errors and/or omissions in this information and materials. To the maximum extent permitted by law, APG disclaims all representations and warranties of any kind, whether expressed, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. In addition, APG does not warrant, guarantee or make any representations regarding the security of accounts, or that this site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor does it warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error free.
LIMITATION OF LIABILITY
In no event will APG be liable for any damages, including without limitation direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation any incidence of bodily harm, however caused, and under any theory of liability arising out of or in connection with (1) use of the goods sold on this site; (2) use of this site, or the inability to use this site by any party; or (3) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (4) line or system failure or the introduction of a computer virus, or other technical sabotage, even if APG, its employees or representatives thereof, are advised of the possibility or likelihood of such damages, losses or expenses.
RELEASE
In the event that a dispute arises between you and one or more users of the Website, you agree to release APG from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In accepting these Terms of Use, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which are known or suspected to exist in your favour at the time of agreeing to this release.
INDEMNITY
You will indemnify and hold APG (and its affiliates and subsidiaries, and all the respective officers, directors, employers and agents thereof) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of the Website or your breach of any law or the rights of a third party.
APPLICABLE LAW
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of Ontario, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and APG, except as otherwise stated in these Terms of Use.
MISCELLANEOUS
APG reserves the right to correct any inaccuracies or typographical errors in the information posted on its website, and shall have no liability for such errors. Information may be changed or updated without notice and prices and availability of goods and services are subject to change without notice. In the event that any provision(s) contained within these Terms of Use is/are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of the Agreement, and the Agreement shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had not been included in the Agreement. APG's failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision, right or obligation. The following sections shall survive any termination of this Agreement: Site Warranty, Limitation of Liability, Release and Indemnity.
