TERMS OF USE
PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY AND ALL OTHER AGREEMENTS, TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES.
Your Agreement to Terms of Use
This website (this “Site”) is owned and operated by Dimitri van Kampen (the “Artist”, “we”, “us”, or “our”) and is made available to you subject to your compliance with these terms and conditions of use (“Terms of Use”). These Terms of Use constitute a binding legal agreement between you and the Artist. By accessing or using this Site in any manner whatsoever or purchasing any of the Artist’s works, you covenant and agree to be bound by, and comply with, these Terms of Use and represent and warrant that you have read and understand these Terms of Use. If you do not agree to be bound by, and comply with, these Terms of Use, you are not permitted to access or use this Site or purchase any Works.
Modifications
We reserve the right (in our discretion) to amend, modify or replace these Terms of Use at any time and from time to time. If we make any amendments or modifications to or replace these Terms of Use, we will post such amended, modified, or replaced Terms of Use on this page and they will become effective immediately upon posting. By accessing or using this Site after any such amendments, modifications, or replacements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, or replaced. If any such amendment, modification, or replacement is not acceptable to you, you must immediately cease accessing and using this Site.
Content Disclaimer
The content and information on this Site (the “Content”) is provided for general information purposes only. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. To the extent that the Content is current as of the date of first publication, it may no longer be accurate as a result of the passage of time. While we endeavour to keep the Content up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Content or this Site. Any reliance you place on the Content is strictly at your own risk. In no event will we be liable for any loss whatsoever arising out of, or in connection with, the access or use of this Site or the Content. This Site is not, and does not purport to be, a catalogue raisonné, and the inclusion on, or exclusion from, this Site of any work does not constitute, and may not be relied upon as constituting, a representation or warranty that such work is or is not an authentic work of the Artist.
Copyright
This Site and the Content and the compilation and arrangement thereof are the property of the Artist or third parties and is protected by international copyright laws. Users of this Site may not copy, use, redistribute, or republish the Content for any purpose without the express written consent of the Artist.
Purchased Works
Sales
Unless and only to the extent otherwise expressly specified on this Site or agreed to in writing by the Artist, prices for purchased works are in Canadian Dollars (CAD) and are payable in advance. The Artist reserves the right to change the prices at any time and from time to time. All sales are final. Purchased works are not returnable after purchase. Refunds will not be provided in respect of any purchased works.
Commissions
Unless and only to the extent otherwise expressly specified on this Site or agreed to in writing by the Artist, prices for commissioned works are in Canadian Dollars (CAD). Prices for commissioned work are based on size and specific requirements. A non-refundable deposit of 50% of the purchase price is payable in advance and the remaining balance is due upon completion. All sales are final. Commissioned works are not cancellable after the work has been commissioned. Commissioned works are not returnable after purchase. Refunds will not be provided in respect of any commissioned works. Timelines for completion of comissioned works may vary and are subject to change by the Artist.
Taxes, Duties, and Shipping and Handling Charges
Prices do not include taxes, duties, and shipping and handling charges. In addition to the prices, you agree to pay any and all associated taxes, duties, and shipping and handling charges. Any failure to collect monies on account of such taxes, duties, and shipping and handling charges will not constitute a waiver of the right to do so.
Works Disclaimer
ALL WORKS ARE PURCHASED AND SOLD ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND IN RELATION TO ANY WORKS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT ANY WORKS WILL MEET ANY PERSON’S NEEDS OR ARE ERROR-FREE.
Links
This Site may, from time to time, include links to other websites or social media accounts. Any and all such links are provided for your convenience only. They do not signify that we endorse such websites or social media accounts. We have no responsibility for the content of any linked websites or social media accounts.
Feedback
We welcome and encourage you to provide feedback, comments, suggestions, ideas, and materials for improvements to this Site or the Content (“Feedback”). You may submit Feedback by contacting us via the Contact page of this Site or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to this Site, you automatically grant the Artist a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and licence to use, copy, modify, display, publish, re-license, sub-license, sell, convey, transfer, and otherwise commercialize such Feedback for any purpose, without compensation to you, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that the Artist may assign, transfer, or sub-licence the above licence to any person without any further approval by you.
Injunctive and Equitable Relief
You acknowledge and agree that: (a) your compliance with your obligations pursuant to these Terms of Use is necessary to protect the intellectual property, proprietary information, and proprietary interests of the Artist and third parties; (b) your breach of any such obligations will give rise to irreparable harm or injury to the Artist or third parties that will not be adequately compensable with monetary damages; (c) the Artist may, in addition to any other right or remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and (d) notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.
Governing Law
Any claim relating to this Site or any transactions in connection with this Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
Entire Agreement
Unless and only to the extent otherwise expressly agreed to by the Artist, these Terms of Use constitute the entire agreement between you and the Artist pertaining to the subject matter hereof and supersede any and all prior communications, proposals, agreements, and understandings, whether electronic, oral, or written, between you and the Artist with respect to this Site or any Content.
Headings
The division of these Terms of Use into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “these Terms of Use”, “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Section or other portion of these Terms of Use. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Articles and Sections are to Articles and Sections of these Terms of Use.
Extended Meanings
In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.
Waiver
The waiver by the Artist of any breach or default of any provision of these Terms of Use by you or any delay or omission on the part of the Artist to exercise or avail himself of any of his rights, remedies, powers, or privileges will not be effective unless in writing and will not be construed as a waiver of any succeeding breach of the same or any other provision of these Terms of Use.
Severability
In the event that any provision (or any portion of a provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction.
Admissibility
A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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