Terms of Use

Last Updated: February 1, 2012

TheArtof.com and you agree to the following terms and conditions that govern the use of this website. Should you not agree to them, please refrain from using this site. By continuing to use this site you agree to abide by these terms.

Restrictions on Use of Materials
TheArtof.com and its contents are the property of The Art of Productions Inc. (The Art of...) and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws. Reproduction, duplication, or distribution of TheArtof.com’s contents for anything other than your personal, non‐commercial use is a violation not only of these terms and conditions but also of copyright and trademark laws (unless you have written permission from The Art of...). The content is made available to you for non‐commercial, personal, or educational purposes only. The content may not be modified in any manner and the intellectual property notice must be included on every display and copy of the content. No other use is permitted.

Jurisdiction and Governing Law
The Art of... is located in Ontario, Canada. If you choose to access TheArtof.com from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

These terms and conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these terms and conditions or the TheArtof.com shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TheArtof.com or the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

The Art of... may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Art of Production's rights or property, or the rights or property of visitors to or users of the site, including our customers. The Art of... reserves the right at all times to disclose any information that The Art of... deems necessary to comply with any applicable law, regulation, legal process or governmental request.

Site Uptime
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

Links To and From Third Party Sites
Users may, through hypertext or other computer "links," gain access to other sites on the Internet which are not part of the TheArtof.com and which are not controlled by The Art of Productions. TheArtof.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Art of Productions. THE ART OF... ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE THEARTOF.COM WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.

Unless otherwise indicated on a website, The Art of... is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of The Art of... We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this website, it is at your own risk.

If you would like to link to TheArtof.com, you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the Canada.
If you choose to link to our website in breach of the above you shall fully indemnify us for any loss or damage suffered as a result of your actions.

User Conduct, Indemnification and Licence Granted
Postings created by users on any part of the TheArtof.com, including but not limited to comment forums, ("Postings") are the responsibility of the user creating the Postings. THE ART OF... HAS NO RESPONSIBILITY FOR POSTINGS. However, The Art of... retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever. The Art of... will not be liable to you or any third‐party for any modification or discontinuance of your Postings.

You acknowledge and agree that The Art of... may preserve Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these terms and conditions or to protect itself, its users and/or the public.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE ART OF PRODUCTIONS, ITS AFFILIATES, AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM OR RELATED TO ANY BREACH OF THESE TERMS AND CONDITIONS, YOUR ACCESS TO OR USE OF THEARTOF.COM OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING FROM THEARTOF.COM. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.

By contributing Postings to the TheArtof.com, you give royalty‐free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such content anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. In addition, you acknowledge and agree that you have waived any moral rights in your Postings. You further agree that The Art of... is free to use any ideas, concepts, know‐how, or techniques contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ART OF...IS PROVIDING THEARTOF.COM ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE THEARTOF.COM, THEIR CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. THE ART OF...DOES NOT WARRANT THAT THE FUNCTION OF THEARTOF.COM OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEARTOF.COM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE ART OF...BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF THE ART OF...HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE THEARTOF.COM, THEIR CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL THE ART OF PRODUCTIONS TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE.

Content Disclaimer
We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

Changes
We reserve the right to change these terms and conditions. If we change these terms, those changes will be posted here for your information. We further reserve the discretionary right to modify any features of this site or services provided there in at any time.

How to Contact Us
If you have any questions or concerns about the The Art of Productions Inc. Terms and Conditions, please contact us at [email protected]