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Terms and Conditions of Use
Acceptance of the Terms and Conditions of Use
These terms and conditions of use for www.artifier.net (the “Platform”), constitute a legal
agreement and are entered into by and between you and Artifier (“Company”, “we”, “us”,
“our”). The following terms and conditions of use, together with any documents and/or
additional terms they expressly incorporate by reference (collectively, these “Terms and
Conditions”), govern your access to, and use of, the Platform, including any and all content,
functionality, products and services offered on or through the Platform. For the purposes of these
Terms and Conditions, the word “content” includes any text, photographs, images, graphics,
software, source code, apps, specifications, audio files, videos, articles, blogs, trademarks, logos
and other information or materials available through the Platform.
BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY, AND
TO COMPLY WITH, THESE TERMS AND CONDITIONS AND OUR PRIVACY
POLICY, FOUND AT [Privacy Policy] (THE “PRIVACY POLICY”), INCORPORATED
HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE
PLATFORM.
The Platform is designed and intended for use by adults. If you are under 18, you may use the
Platform only with involvement of a parent or legal guardian. If you are a parent or legal
guardian, you must monitor and supervise the use of the Platform by children, minors and others
under your care. You agree to be responsible for their use of the Platform. By using the Platform,
you represent and warrant that you are lawfully able to enter into contracts. If you do not meet all
of our eligibility requirements, you must not access or use the Platform.
Modifications to these Terms and Conditions and to the Platform
We reserve the right in our sole discretion to revise and update these Terms and Conditions from
time to time. Any and all such modifications are effective immediately upon posting and apply to
all access to, and continued use of, the Platform. You agree to periodically review these Terms
and Conditions to be aware of any such modifications. Your continued use of the Platform shall
constitute your acceptance of the then-current Platform terms and conditions.
The content on the Platform and the Platform itself may be changed, withdrawn or terminated at
any time in our sole discretion without notice to you or any other user. We will not be liable if
for any reason all or any part of the Platform is restricted to you or any other user or is
unavailable at any time or for any period.
The Platform
The Platform is a communications platform for enabling users of the Platform to make postings
about their events, galleries and exhibitions. Other than making the Platform available, the
Company does not itself provide any other services or products.
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Your Use of the Platform and Account Set-Up and Security
You are responsible for obtaining your own access to the Platform and for the Platform's
availability and performance. You are required to ensure that all persons who access the Platform
through your internet connection are aware of, and comply with, these Terms and Conditions.
You are responsible for any security breaches or performance issues relating to accessing the
Platform.
The Platform may require user registration. It is a condition of your use of the Platform that all
the information you provide on the Platform is correct, true, unaltered, current, accurate and
complete. Unless otherwise indicated by us in writing, each registration is for a single user only.
Your provision of registration information and any submissions you make to the Platform
through any functionality such as applications, orders, personal profiles, chat rooms, dashboard,
e-mail, message boards, personal or interest group web pages, profiles, forums, online forms,
blogs, bulletin boards, and other such functions (collectively, “Interactive Functions”)
constitute your consent to all actions we take with respect to such information in accordance with
the Privacy Policy.
Any username, password or any other piece of information chosen by you or provided to you as
part of our security procedures must be treated as confidential, and you must not disclose such
information to any other individual or entity. You must exercise caution when accessing your
account from a public or shared device so that others are not able to view or record your
password or other personal information. You understand and agree that should you be provided
with an account through the Platform, your account is personal to you and you agree not to
provide any other individual or entity with access to the Platform or portions of it using your
username, password or other security information. You agree to notify us immediately of any
unauthorized access to, or use of, your username or password or any other breach of security.
You also agree to ensure that you logout from your account with the Platform at the end of each
session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any
username, password or other identifier, whether chosen by you or provided by us, in our sole
discretion for any or no reason, including, but not limited to, your violation of any provision of
these Terms and Conditions. Upon termination or disablement of your account, we will not
provide you with any refunds or credits of any kind whatsoever. If we disable or terminate your
account for any reason, you are prohibited from registering and creating a new account under
your name or email address, a fake or borrowed name or the name of any third party, even if you
may be acting on behalf of the third party.
You are prohibited from attempting to circumvent and from violating the security of the Platform
including without limitation: (a) accessing content and data that is not intended for you; (b)
attempting to breach or breaching the security and/or authentication measures which are not
authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d)
illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise
disrupting the Platform owner's ability to monitor the Platform; (f) using any robot, data mining,
spider or other automatic device, process or means to access the Platform for any purpose,
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including monitoring or copying any of the Platform content; (g) introducing any viruses, trojan
horses, worms, logic bombs or other material that is malicious or technologically harmful; (h)
attacking the Platform via a denial-of-service attack, distributed denial-of-service attack,
flooding, mailbombing or crashing; (i) attempting to decompile or reverse engineer any software
contained on the Platform; and (j) otherwise attempting to interfere with the proper working of
the Platform. You may not use any network monitoring or discovery software to determine the
site architecture or extract information about usage or users.
Intellectual Property Rights and Ownership
You understand and agree that the Platform and its entire content, features, Interactive Functions
and functionality, including but not limited to all displays, design, presentation, selection and
arrangement, are owned by the Company, its licensors or other providers of such content,
features, Interactive Functions and functionality and are protected in all forms by intellectual
property laws including without limitation, copyright, trademark, patent, trade secret and any
other proprietary rights. We claim copyright in the Platform to the fullest extent allowed by
applicable law.
The Company name, the Company logo and all related names, logos, product and service names,
designs, images and slogans are trademarks of the Company or its affiliates or licensors. You
must not use such marks without the prior written permission of the Company. Other names,
logos, product and service names, designs, images and slogans mentioned or which appear on the
Platform are the trademarks of their respective owners. Use of any such marks, except as
expressly authorized in writing, shall constitute a violation of the rights of the property owner
and may be a violation of federal or other laws and could subject the violator to legal action.
You may only use the Platform for your personal and non-commercial use. You shall not directly
or indirectly reproduce, compile for an internal database, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download, store or transmit any of the
content on our Platform, in any form or medium whatsoever except:
(a) Your device and browser may temporarily store or cache copies of Platform
content being accessed and viewed; and
(b) A reasonable number of copies for your personal use only may be printed keeping
any proprietary notices thereon, which may only be used for non-commercial and lawful
personal use and not for further reproduction, publication or distribution of any kind on
any medium whatsoever.
You are not permitted to modify copies of any content from the Platform nor to delete or alter
any copyright, trademark or other proprietary rights notices from copies of content from the
Platform. You must not access or use any part of the Platform or any services, products or
content available through the Platform for any commercial purposes.
If you print, copy or download any part of the Platform in breach of these Terms and Conditions,
your right to use the Platform will cease immediately and you must, at our option, return or
destroy any copies of the content you have made. You have no right, title or interest in or to the
Platform or to any Platform content, and all rights not expressly granted are reserved by the
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Company. Any use of the Platform not expressly permitted by these Terms and Conditions is a
breach of these Terms and Conditions and may violate copyright, trademark and other
intellectual property laws.
Conditions of Use, User Submissions and Platform Content Standards
The following content standards apply to any and all content you submit, post, publish, display
or transmit (collectively, “submit”) to the Platform, to other users or other persons (collectively,
“User Submissions”) and any and all Interactive Functions. It is your responsibility to ensure
that any and all User Submissions comply with all applicable federal, provincial, local and
international laws, rules and regulations.
Without limiting the foregoing, you warrant and agree that your use of the Platform and any User
Submissions shall not:
(a) In any manner violate any applicable federal, provincial, local or international
law, rule or regulation including, without limitation, any law regarding the export of data
or software, patent, trademark, trade secret, copyright or other intellectual property or any
other legal rights (including the rights of publicity and privacy of others) or contain any
content that could give rise to any civil or criminal liability under applicable laws, rules
or regulations or that otherwise may be in conflict with these Terms and Conditions and
the Privacy Policy;
(c) Include or contain any content that is exploitive, obscene, harmful, threatening,
abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent,
inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual
orientation, age or other such prohibited ground or is otherwise objectionable;
(d) Involve stalking or attempting to exploit any person or to harm minors in any way
by exposing them to inappropriate content or otherwise;
(e) Involve asking for personal information of any individual;
(f) Involve, provide or contribute any false, inaccurate, incomplete or misleading
information;
(g) Include sending, knowingly receiving, uploading, downloading, using or reusing
any content that does not comply with these Terms and Conditions;
(h) Impersonate or attempt to impersonate the Company, a Company employee,
another user or any other individual or entity (including, without limitation, by using
email addresses or screen names associated with any of the foregoing);
(i) Transmit, barter, advertise or procure the sending of any advertisements,
commercial activities, sales or any other similar solicitation including, without limitation,
any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales
promotions;
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(j) Include engaging in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Platform, or which, as determined by us in our sole discretion, may
harm the Company or other users of the Platform or expose them to liability;
(k) Include causing annoyance, inconvenience or needless anxiety or be likely to
upset, embarrass or alarm any person;
(l) Promote any illegal activity, or advocate, promote or assist any unlawful act; and
(m) Give the impression that they originate from or are endorsed by us or any person
or entity, if this is not the case.
The list of prohibitions above provides examples and is not complete, exhaustive or exclusive.
The prohibitions listed above do not require the Company to monitor, police or remove any User
Submissions or other information submitted by you or any other user. It is your responsibility to
ensure that your use of the Platform and any User Submissions do not violate the prohibitions
above.
You agree to comply with all applicable privacy and data protection regulations. Further, you
agree to not use the Platform to send us sensitive information where unauthorized disclosure
could cause any harm or impact to us or any other individual or entity.
User Submissions: Grant of License
The Platform may contain Interactive Functions allowing User Submissions on or through the
Platform.
We will not be subject to any confidentiality requirements or obligations with respect to any and
all User Submissions that you submit to the Platform. By providing any User Submission to the
Platform, you grant us and our affiliates and service providers, and each of their and our
respective licensees, successors and assigns the right to a world-wide, royalty free, perpetual,
irrevocable and non-exclusive license to use, reproduce, modify, perform, display, distribute and
otherwise disclose to third parties any such content for any purpose and/or to incorporate such
content into any form, medium or technology throughout the world without compensation to
you. You waive any moral rights or other rights of authorship as a condition of submitting any
User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the
necessary rights to submit the User Submissions and have the right to grant the license hereof to
us and our affiliates and service providers, and each of their and our respective licensees,
successors and assigns and to comply with these Terms and Conditions. You represent and
warrant that all User Submissions comply with all applicable laws and these Terms and
Conditions.
You understand and agree that you, not the Company, are fully responsible for any User
Submissions you submit or contribute, and you are fully responsible and legally liable, including
to any third party, for such content and its correctness, truthfulness, currency, accuracy and
completeness. We are not responsible or legally liable to you or any third party for the User
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Submissions or the correctness, truthfulness, currency, accuracy and completeness of any User
Submissions submitted by you or any other user of the Platform.
Platform Monitoring and Enforcement; Suspension and Termination
We reserve the right, without provision of any notice to you, to:
(a) Remove, modify, edit or refuse to post on the Platform any User Submissions for
any or no reason in our sole discretion;
(n) At all times, take such actions with respect to any User Submission deemed
necessary or appropriate in our sole discretion for any reason or no reason;
(o) Take appropriate legal action, including without limitation, referral to law
enforcement, regulatory authority or harmed party for any illegal or unauthorized use of
the Platform. Without limiting the foregoing, we have the right to fully cooperate with
any law enforcement authorities or court order requesting or directing us to disclose the
identity or other information of anyone posting any User Submission on or through the
Platform; and
(p) Terminate or suspend your access to all or part of the Platform for any or no
reason, including without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS,
SUPPLIERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, INJURIES,
LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR
FEES (INCLUDING REASONABLE LEGAL FEES) RESULTING FROM ANY ACTION OR
PROCEEDING TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES
RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH
PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation and no responsibility to monitor the Platform or its use, and we do not
and cannot undertake to review any and all User Submissions that you or other users submit to
the Platform. We cannot ensure prompt removal of objectionable content after it has been posted
and we have no liability for any action or inaction regarding any User Submissions submitted by
you or any other user.
Privacy
Any user information submitted through the Platform and all User Submissions will be deemed
our property and your submissions and use of the Platform constitute your consent to the
collection, use, maintenance, transfer and disclosure of any such user information and User
Submissions as we deem necessary, in accordance with the Privacy Policy.
By using the Platform, you are consenting to the use of cookies which allow a server to recall
previous requests or registration and/or IP addresses to analyze Platform use patterns. You can
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set your browser to notify you before you receive a cookie, giving you the chance to decide
whether to accept it. You can also set your browser to turn off cookies; however, if you do turn
off cookies, some areas of the Platform may not function adequately.
Communications Not Confidential
It is our policy not to accept or consider content, information, ideas, suggestions or other
materials other than those we have specifically requested and to which certain specific terms,
conditions and requirements may apply. This is to avoid any misunderstandings if your content,
information, ideas, suggestions or other materials are similar to those we have developed or are
developing independently. Accordingly, we do not accept unsolicited content, information, ideas,
suggestions or other materials, and take no responsibility for any content, information, ideas,
suggestions or other materials so transmitted. If, despite our policy, you choose to send us
content, information, ideas, suggestions or other materials, you further agree that we are free to
use any such content, information, ideas, suggestions or other materials, for any purposes
whatsoever and in our sole discretion, including, without limitation, developing and marketing
products and services, without any liability or payment of any kind to you.
Terms of Sale
You are solely responsible and liable for all activities, including, without limitation, all purchases
of services or products made through the Platform that occur under your account or your account
password. All service or product sales from the Platform are governed by any terms of sale that
may be posted on the Platform. By ordering and/or accepting any services or products purchased
through the Platform, you agree to be bound by these Terms and Conditions. You should review
these Terms and Conditions each time you make a purchase.
We reserve the right, in our sole discretion, to charge fees for the use or purchase of, or access to,
any products, services or content offered through the Platform, at any time and from time to
time.
IF ANY SERVICES OR PRODUCTS BECOME UNAVAILABLE FOR WHATEVER
REASON AFTER AN ORDER IS ACCEPTED, WE MAY TERMINATE THE ORDER BY
GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, WE WILL CONTACT YOU TO
ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE
PURCHASES.
We reserve the right to charge different amounts for the same or similar services or products
depending on your location and depending on the frequency of purchase of such services or
products .
Your Payment Responsibilities
You must select a payment method to pay for any product or service purchased by you through
the Platform. You must give us accurate billing and payment information and keep this
information up-to-date through the “My Account” area on the Platform. You agree to pay us for
all charges incurred under your account, including all applicable taxes, fees and surcharges. You
authorize us or our third-party service providers to charge your designated payment method for
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these charges. If we do not receive payment from your designated payment method, you agree to
pay all amounts due upon demand by the Company.
You must notify us about any billing problems or discrepancies no later than 90 days after they
first appear on your account statement. If you do not bring any billing problems or discrepancies
to our attention within 90 days, you agree that you waive your right to dispute such billing
problems or discrepancies and we will be under no obligation to address any such billing
problems or discrepancies.
Payment processing services for the purchases of services or products through the Platform may
be provided by Stripe, Inc. or MoonClerk, LLC and are subject to the Stripe Connected Account
Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services
Agreement”). By using the Platform, you agree to be bound by the Stripe Services Agreement,
as the same may be modified by Stripe, Inc. from time to time. As a condition of the Platform
enabling payment processing services through Stripe, Inc.’s platform, you agree to provide us
with accurate and complete information about you and you authorize us to share it and other
transaction information related to your use of the payment processing services provided by
Stripe, Inc.
No Reliance
The content on our Platform is provided for general information purposes only. Although we
make reasonable efforts to update the information on our Platform, we make no representations,
warranties or guarantees, whether express or implied, that the content on our Platform is
accurate, complete, reliable or up to date. Your use of the Platform is at your own risk and the
Company has no responsibility or liability whatsoever for your use of the Platform.
The Platform may include content provided by third parties, including from other users and
third-party licensors. All statements and/or opinions expressed in any such third-party content,
other than the content provided by the Company, are solely the opinions and the responsibility of
the individual or entity providing such content. Such content does not necessarily reflect the
opinion of the Company. The Company is not responsible, or liable to you or any other party, for
the content or accuracy of any third-party content.
Electronic Delivery Policy
The Company, as an online business, transacts with the users of the Platform electronically.
WHEN YOU REGISTER WITH THE PLATFORM, YOU CONSENT TO RECEIVE
ELECTRONICALLY FROM US ANY PRIVACY OR OTHER NOTICES, AGREEMENTS,
DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS OR OTHER RECORDS
(COLLECTIVELY, “NOTICES”). You agree that we generally can send you electronic Notices
in either or both of the following ways: (a) to the e-mail address that you provided to us during
registration; or (b) we may post Notices on the Platform. You acknowledge and agree that any
electronic communication in the form of such email or posting on the Platform shall satisfy any
legal requirement that such communication be in writing. You must check your designated e-
mail address regularly for Notices. The delivery of any Notice from us is effective when sent by
us, regardless of whether you read the Notice, when you receive it or whether you actually
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receive the Notice. Your only method of withdrawing consent to receive Notices electronically is
to terminate any registrations, subscriptions or services provided through the Platform. You must
have a personal device or a computer with an internet browser and internet e-mail software to
access electronic communications. You will need a printer attached to your device to print any
Notices. You can retrieve an electronic copy and a printable version of these Terms and
Conditions by clicking on the “Terms and Conditions” link located at the bottom of each web
page of the Platform.
Third Party Websites
For your convenience, the Platform may provide links or pointers to third-party websites. We
make no representations about any other websites that may be accessed from the Platform. If you
choose to access any such website, you do so at your own risk. We have no control over the
content of any such third-party websites, and accept no responsibility for such websites or for
any loss or damage that may arise from your use of them. You are subject to any terms and
conditions of such third-party websites. Any reference on the Platform to any product or service
by trade name, trademark, hypertext link or otherwise is provided to you for your convenience
only and does not constitute or imply its endorsement or recommendation by the Company.
Such links to third party websites from the Platform, may include links to certain social media
features that enable you to link or transmit certain limited content from the Platform. You may
only use these features when they are provided by us and solely with respect to the content
identified. Such features and links to third party websites are subject to any additional terms and
conditions we provide with respect to such features.
You may link to our homepage only, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it. You must not establish a link in such a way as
to suggest any form of association, approval or endorsement on our part where none exists. The
Platform must not be framed on any other website, nor may you create a link to any part of the
Platform other than the homepage. We reserve the right to withdraw linking permission from you
or any other user without notice. It is your responsibility to ensure that the website in which you
are linking complies in all respects with these Terms and Conditions. You agree to cooperate
with us in causing any unauthorized framing or linking to immediately stop.
Geographic Restrictions
The owner of the Platform is based in the Province of Ontario in Canada. We provide the
Platform for use only by persons located in Canada. The Platform is not intended for use in any
jurisdiction where its use is not permitted. If you access the Platform from any country other than
Canada, you do so at your own risk and you are responsible for compliance with local laws of
your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS
CONTENT AND ANY SERVICES, PRODUCTS, MERCHANDISE OR ITEMS FOUND OR
ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS
CONTENT AND ANY SERVICES, PRODUCTS, MERCHANDISE OR ITEMS FOUND OR
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ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS,
SUCCESSORS AND ASSIGNS MAKE ANY WARRANTY, REPRESENTATION OR
ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE PLATFORM OR
ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY
NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS,
REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND
ASSIGNS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT OR ANY
SERVICES, PRODUCTS, MERCHANDISE OR ITEMS FOUND OR ATTAINED THROUGH
THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE COMPANY IS NOT RESPONSIBLE FOR
TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT,
PHOTOGRAPHY OR ANY OTHER CONTENT ON THE PLATFORM.
We cannot and do not guarantee or warrant that content available for downloading from the
internet or the Platform will be free of viruses or other destructive code. You are solely and
entirely responsible for your use of the Platform and your device, internet and data security. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR
CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE
EQUIPMENT, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL
DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES, MERCHANDISE OR
PRODUCTS FOUND OR ATTAINED THROUGH THE PLATFORM OR DUE TO YOUR
DOWNLOADING OF ANY CONTENT POSTED ON THE PLATFORM, OR ON ANY
WEBSITE LINKED TO IT.
Limitation on Liability
UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS,
SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS,
SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS
NEGLIGENCE, MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF
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ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING,
BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT,
BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN
ADVISED OR HAD REASON TO KNOW OR IF IT WAS REASONABLY FORESEEABLE,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE OR
RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD
PARTY WEBSITES, OR ANY CONTENT THEREON. IN THE EVENT SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE PLATFORM,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND
ACCESSING THE PLATFORM. REMEDIES UNDER THESE TERMS AND CONDITIONS
ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN
THESE TERMS AND CONDITIONS. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES (WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR
RELATING TO THE USE OF THE PLATFORM EXCEED THE LESSER OF $10 OR THE
TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE ONE (1) YEAR PERIOD
PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Claims
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM MUST
BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE OF THE EVENT GIVING RISE
TO SUCH ACTION OCCURRED.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold
harmless the Company, its affiliates and their respective directors, officers, shareholders,
employees, agents, service providers, representatives, contractors, licensors, suppliers,
successors and assigns from and against any claims, injuries, liabilities, damages, judgments,
awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating
to your breach of these Terms and Conditions or your use of the Platform, including, but not
limited to, your User Submissions, third party websites, any use of the Platform's content and
any services and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Jurisdiction
The Platform, and your use thereof, the Privacy Policy and these Terms and Conditions will be
governed by and construed in accordance with the laws of the Province of Ontario and the
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federal laws of Canada applicable therein, without giving effect to any choice or conflict of law
provision, principle or rule (whether of the laws of the Province of Ontario or any other
jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to the Platform and under these Terms and
Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of
Canada, and you and the Company irrevocably submit to the exclusive jurisdiction of such courts
in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction
over you by such courts and to the venue of such courts. Before you can commence any action or
proceeding arising out of or relating to the Platform and these Terms and Conditions, you must
first give us an opportunity to resolve such matter by emailing us at hello@artifier.net and
provide us with the following information: (a) your name; (b) your address; (c) a written
description of your claim; and (d) a description of the specific relief you seek.
Waiver
No waiver by the Company under these Terms and Conditions is effective unless it is in writing
and signed by an authorized representative of the Company. No failure to exercise, or delay in
exercising, any right, remedy, power or privilege of the Company arising from these Terms and
Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of
any right, remedy, power or privilege of the Company hereunder precludes any other or further
exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any
jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or
provision of these Terms and Conditions or invalidate or render unenforceable such term or
provision in any other jurisdiction.
Entire Agreement
These Terms and Conditions and the Privacy Policy constitute the sole and entire agreement
between you and the Company regarding the Platform, and your use thereof, and supersedes all
prior and contemporaneous understandings, agreements, representations and warranties, both
written and oral, regarding such subject matter.
REPORTING AND CONTACT
The Platform is operated by Artifier.
Should you become aware of misuse of the Platform including libelous or defamatory conduct,
you must report it to the Company at hello[at]artifier dot net.
All other feedback, comments, requests for technical support and other communications relating
to the Platform should be directed to: carla[at]artifier dot net.
Last updated on May 13, 2019.
