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Review the terms and conditions governing your use of the Canvas Envision website.
Thank you for visiting the Canvas Envision website at https://www.canvasenvision.com/ (the “Site”) provided by Canvas GFX, Inc. (“Canvas GFX,” “we” or “us”). Your use of this Site is expressly conditioned on your acceptance of the following terms. By using this Site, you signify your assent to these Terms of Service. If you do not agree with any part of the following terms, you should not use this Site.
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms of Service; otherwise, please exit the Site.
We may change or modify these Terms of Service from time-to-time without notice other than posting the amended Terms of Service on the Site. The amended Terms of Service will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms of Service shall constitute your consent to such changes. Canvas GFX reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Canvas GFX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
If you wish to purchase any products or use certain services on the Site, you must create an account with us and provide the required information to us. By entering any information on the Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Site or product, or any portion thereof, and you agree not to allow any other person or entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy www.canvasenvision.com/policies/privacy-policy.
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
By using the Site you agree not to:
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit, suspension or immediate termination of your account or your access to the Site, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Canvas GFX. You acknowledge that Canvas GFX is not responsible for and does not assume any liability for users’ acts or omissions, including, without limitation, with respect to the aforementioned activities.
You acknowledge that all materials at the Site, including the Site’s design, images, photographs, video, audio clips, music, graphics, logos, illustrations, descriptions, software, data, and other material, as well as the selection, assembly and arrangement thereof (collectively the “Materials”), are copyrights, trademarks, trade dress, patents, or other intellectual property that are owned, controlled, licensed, or otherwise used with permission by Canvas GFX and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Canvas GFX authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Canvas GFX or the respective copyright owner. You also may not use any hardware or software intended to damage or interfere with the proper working of the Site or use any data mining, robots, or similar data gathering and extraction tools to surreptitiously intercept any system, data or personal information from the Site. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Site are the sole property of Canvas GFX and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Canvas GFX and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Canvas GFX and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Canvas GFX. Canvas GFX reserves the right to enforce its intellectual property rights to the fullest extent of the law.
Canvas GFX respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyrights of others.
If you believe your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
Please send notice electronically to legal@canvasenvision.com or by mail to:
Canvas GFX, Inc.
Attn: Legal Department
207 Newbury Street, Floor 3
Boston, MA 02116
Please note that we will forward your notice, including your contact information, to the party who will have their content removed so they understand why it is no longer available and can also contact you to resolve any dispute.
We suggest you consult your legal advisor before filing a notice or counter-notice. Also, be aware there may be penalties for false claims.
We may provide links to other websites from time to time that are operated by third parties not affiliated with Canvas GFX. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. Different terms and conditions and privacy policies may apply to your use of any linked sites. If you decide to access linked websites, you do so at your own risk.
You agree that Canvas GFX may terminate or suspend your access to all or part of this Site, without notice, for any conduct that Canvas GFX, in its sole discretion, believes is in violation of these Terms of Service or any applicable law or is harmful to the interests of another user or Canvas GFX. Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property,” “Warranties, Disclaimers and Limitations of Liability,” Indemnification,” “Applicable Law and Jurisdiction” and “User Conduct” sections of these Terms of Service.
Canvas GFX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Service, you agree that Canvas GFX shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
9. Warranties, Disclaimers and Limitations of Liability
You expressly understand and agree that:
Your use of the website is at your sole risk. The Site and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these Terms of Service, Canvas GFX and its respective officers, directors, employees and other representatives (collectively, the “Canvas GFX parties”), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Canvas GFX parties make no warranty that: (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the Site will meet your expectations or needs; and (v) any errors in the Site will be corrected.
All products and services used through the Site are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the Canvas GFX parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the website. Without limiting the generality of the foregoing, the Canvas GFX parties expressly disclaim all liability for product defect or failure, claims that are due to product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
The Canvas GFX parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Canvas GFX and you. The products, information and services offered on and through the Site would not be provided without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of the Canvas GFX parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you, if any, for any product, information or service purchased by you from Canvas GFX on this Site.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
You agree to indemnify, defend and hold harmless the Canvas GFX parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Site.
These Terms of Service are governed by and will be construed in accordance with the laws of the United States and the Commonwealth of Massachusetts. Any disputes arising under or in connection with these Terms of Service, or your access or use of the Site shall be subject to the exclusive jurisdiction of the State and federal courts located in Boston, Massachusetts.
These Terms of Service constitute the entire and only Terms of Service between Canvas GFX and each user of the Site with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of Canvas GFX to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.
Questions regarding these terms should be addressed to:
Canvas GFX, Inc.
207 Newbury Street, Floor 3
Boston, MA 02116
legal@canvasenvision.com
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