Terms and Conditions
NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
OWNERSHIP
This Website www.michaelhockney.ca, www.michaelhockney.com including all web pages located at that domain name ("Website") is the Website of Photographer Michael John Hockney.
General Terms and Conditions
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Michael Hockney unless otherwise indicated. Copyright is shown thus, "Copyright Michael Hockney 2009 All Rights Reserved.".
Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives shall legally enforce all rights concerning this Website in the event of any interference, infringement or contravention of The Photographer's rights, title or interests in any aspect of this Website. This Website is protected under the copyright laws of Canada and other countries. Unless for personal and non-commercial use only or otherwise specified, no person has permission to download, display, post, record, "mirror", duplicate, copy, retransmit, redistribute, commercially exploit, reproduce or republish any part or aspect of this Website in any form, or any information found at this Website, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise.
TRADEMARKS
Certain names, graphics, logos, icons, designs, words, titles or phrases at this Website may constitute trade names, trademarks or service marks of The Phographer or other entities. Trademarks may be registered in Canada and in other countries as applicable.
The display of trademarks on the pages of this Website does not imply that a licence of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.
GOVERNING LAW
The use of the Website is governed by the laws of the Province of British Columbia, Canada. Visitors to this Website submit to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada.
NO WARRANTY
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, SERVICES, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE". MICHAEL HOCKNEY AND THE STUDIO OF MICHAEL HOCKNEY AND ITS EMPLOYEES AND REPRESENTATIVES DO NOT WARRANT THE QUALITY, TRUTH, ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DENIES AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY, REPRESENTATION, COVENANT, PROMISE OR GUARANTEE OF ANY KIND, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN BY MICHAEL HOCKNEY IN ANY CONNECTION WITH THIS SITE.
EXCLUSION OF LIABILITY
IN NO EVENT WILL MICHAEL HOCKNEY AND THE STUDIO OF MICHAEL HOCKNEY AND ITS EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, THIRD PARTY OR CONSEQUENTIAL, HARM, LIABILITY, DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CITIBANK, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT, OR IN TORT, NEGLIGENCE, EQUITY OR OTHERWISE EVEN IF CITIBANK OR ITS REPRESENTATIVES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST MICHAEL HOCKNEY AND THE STUDIO OF MICHAEL HOCKNEY AND ITS EMPLOYEES AND REPRESENTATIVES FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENTS OF THIS WEBSITE. YOU AGREE NOT TO HOLD MICHAEL HOCKNEY AND THE STUDIO OF MICHAEL HOCKNEY AND ITS EMPLOYEES AND REPRESENTATIVES RESPONSIBLE OR LIABLE FOR, ANY CLAIMS BASED ON YOUR USE OF THE WEBSITE, AND YOU AGREE NOT TO APPLY FOR OR SEEK ANY PUNITIVE OR EXEMPLARY DAMAGES OR OTHER REMEDY OR RELIEF WHATSOEVER.
YOU ARE SOLELY RESPONSIBLE FOR TAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO AVOID ANY EXPOSURE TO, OR HARM FROM, ANY COMPUTER VIRUSES, AND TO ENSURE COMPATIBILITY OF THIS WEBSITE WITH YOUR SPECIFIC COMPUTER SYSTEM. YOU ARE ALSO SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE A COMPLETE AND CURRENT BACKUP OF THE INFORMATION CONTAINED ON YOUR COMPUTER SYSTEM IN ANY CONNECTION WITH YOUR USE OF THIS WEBSITE.
AVAILABLE ONLY WHERE PERMITTED BY LAW
The products and services described in this Website are offered only in jurisdictions where they may be legally offered for sale. The content contained, and the services offered and described, in this Website may not be available or permitted in all jurisdictions, and constitute an offer or solicitation only where permitted, and to the extent permitted, by law. This Website shall not be used where, and to the extent, such use is prohibited by law. All offers in this Website are void where prohibited. Your use of this Website from any location is subject to your compliance with all applicable laws and regulations.
This Website may include inaccuracies and/or typographical errors. Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives and others, who may make improvements and/or changes in the products, services, programs, and prices described in this Website, and to the content of this Website, shall have the right to do so at any time without notice.
LINKS T0 THIRD PARTY SITES
Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives do not guarantee or ensure either the accuracy, completeness or authenticity of this Website or any other web site content, web site functionality, or your transmission of any web site contents to or from any such web site by you. Other web sites that may be accessed from this Website by hypertext links are entirely independent of this Website. Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives do not control, nor is it responsible for, the contents of any web sites that may be accessed from this Website by a hypertext link. The inclusion of any web site acknowledgments or the identification of any person or entity in the Website, or any hypertext link to another person or entity are included in the Website as a convenience to you and shall not, in any manner, be construed or relied upon by you as an approval, sanction, promotion, recommendation, endorsement or incorporation by reference into this Website, of such person's or entity's web site, products, services or information. Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives reserve the right to terminate any hypertext links to other web sites at any time. Hypertext links to other Internet resources from this Website are solely at your own risk. The content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives.
INFORMATION SECURITY
Although Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is NOT YET POSSIBLE over the Internet, and therefore cannot be guaranteed. As a result, Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with this Website.
SUBMISSIONS
All information submitted to Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives via this site shall be deemed and remain the property of Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives and Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives through this site. Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives entity having the direct customer relationship or as otherwise specifically agreed or required by law.
VERIFICATION
Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives reserves the right to contact you to obtain confirmation of any electronic instruction before processing any transaction but will not be liable due to any inability or failure of Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives to contact you in order to confirm such instructions.
RESIDENTS OF THE PROVINCE OF QUEBEC
English shall be the language of these Terms & Conditions and all documents in connection with these Terms & Conditions, and Michael Hockney, The Studio of Michael Hockney and its Employees and Representatives and you each waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent contrat et tous les documents qui s'y rattachent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
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