TERMS OF Use

FROM: www.mariannefaguy.art

Last updated: October 17, 2019

PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use of the site maintained by Marianne Faguy (the "site").

By accessing or browsing the site, you declare to have read and understood the general conditions of use and you declare to be bound by these conditions. Please note that we may change the terms of use at any time without notice. Your continued use of the site will be deemed your acceptance of the revised terms and conditions.

INTELLECTUAL PROPERTY

All intellectual property on the Site is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and / or licensed by us. All content on the site including, but not limited to, text, design, graphics, photos and images, sounds, music, videos, apps, and any other content, is a collective work under Canadian law or under any other copyright law and is the property of Marianne Faguy. No image appearing on the site may be reproduced without the prior written consent of Marianne Faguy, except for fair dealing under the Copyright Act (eg : for research purposes or education) and it is necessary to indicate the title of the artwork and the name of the artist (Marianne Faguy). The software, code, certain graphics, applications and interactive features are the property of SquareSpace (the service provider used to create and host this site).

Any other use or reproduction of the content of the site (including images and texts) in any form whatsoever, including downloading, publication, reproduction on another site or use for public or commercial purposes, is prohibited unless you have obtained beforehand the authorization of Marianne Faguy.

However I allow individuals to share this site, including an image or article that they enjoy, on social medias or by email, but only under the conditions below:

-No modifications to the text or the image is allowed.

-We ask you to give the backlink to the page of the site from which the content comes from or the URL of the content and to indicate the title of the artwork and the name of the artist (Marianne Faguy).

-No commercial or advertising use is allowed. Marianne Faguy and her artworks can not, in any case, be associated with a project, a company, a service, a product, by sharing the content of the site.

For any other use or sharing of this site and its contents, contact Marianne Faguy.

All rights reserved.

USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the Site, including, without limitation, any documents, data or information developed by us, or any other material that may assist you in the use of the Site or services (the "Company Content"). The Content of the Company may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein can be construed as granting you a license or intellectual property rights.

PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction since the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide us with a payment instrument, you declare that you have permission to use this payment instrument. When you make a payment, you authorize us, as well as the payment service we use, to charge the total amount to the payment instrument you designated for the transaction. You also authorize us to collect and record this payment instrument as well as any other information related to the transaction.

If you pay by debit or credit card, we can obtain from the issuer of the card a pre-authorization of an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for pre-authorization may not be immediately available on your account.

We reserve the right to cancel any transaction if we believe that the transaction violates these Terms of Use or if we believe that by doing so we can prevent a financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any other affected third party (including other users) and may share the details of any payments you are associated with if we believe that such action can prevent a financial loss or a breach of the law.

Payment for any service in progress will be billed automatically until you notify us that you wish to terminate the services.

You agree to pay for all items you may purchase on the Site, and you acknowledge and agree that the prices are subject to change. When you purchase a physical product, or service, you agree to provide us with a valid email address and shipping address (if applicable) and valid billing information. We reserve the right to refuse or cancel an order for any reason, including an error or omission in the data you provide to us. In this case, if the payment has already been processed, we will refund the purchase price. We may require additional information before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we can pre-authorize your debit or credit card at the time you place the order, or we can charge your card at the time of shipment of the order. You agree to monitor your instrument of payment.

SALE OF PRODUCTS AND / OR SERVICES

We can sell goods or services. We are committed to being as accurate as possible with any information about those goods and services, including product descriptions and product images. However, we do not warrant the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.

SHIPPING, DELIVERY AND RETURN POLICY

In addition to these terms and conditions, the site has a shipping policy that describes the delivery options and a returns policy that informs you of our return offer, its terms and how to benefit from it. 

For more information, please consult our

Shipping Policy 

and 

Returns Policy 

By browsing the site, you also declare that you have read the above mentioned delivery and return policies.

For any question or dispute, you agree to contact us in a timely manner at the following email address:

sales@mariannefaguy.art


ACCEPTABLE USE OF THE SITE

You agree not to use the Site for any unlawful purpose or for any other purpose prohibited by this clause. You agree not to use the site in any way that could harm Marianne Faguy's site, services or business activity.

You also agree not to use the site for the following purposes:

  1. harass, abuse or threaten others or otherwise violate the rights of any person;

  2. violate the intellectual property of Marianne Faguy or any other third party;

  3. download or transmit computer viruses or any other software that could damage the property of Marianne Faguy or others;

  4. commit fraud;

  5. create or participate in gambling activities, lotteries or unlawful pyramid schemes;

  6. publish or distribute obscene or defamatory material;

  7. publish or distribute any material that incites violence, hatred or discrimination of any group; and or

  8. illegally collect information about others.

PRIVACY PROTECTION

By using our site, you may be able to provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.

We may receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, histories, web beacons (also called "GIFs"). invisible "), tags and others. 

We use the information collected from you to ensure a good experience on the site. We can also trace some of the passive information received to improve our marketing and analytics, and to do so, we may be working with third-party vendors, including other marketers.

If you wish to block our access to any passive information that we receive from the use of various technologies, you may choose to inactivate cookies in your web browser.

REVERSE ENGINEERING AND SECURITY

You can not take any of the following actions:

  1. use reverse engineering or disassemble any code or software on or from this site; 

  2. violate or attempt to violate the security of the Site by any unauthorized access, bypassing encryption or other security tools, the exploitation of data or interference with any host, user or network. 

INDEMNITY

You agree to defend, indemnify and hold harmless Marianne Faguy and its affiliated companies against any claims, suits or demands, including legal fees, that may arise out of or relating to your use or abuse of the Site, your violation hereof or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.

POLICY CONCERNING SPAM

You are strictly prohibited from using the site or any services offered on the site for the purpose of illegal activities related to spam, including the collection of addresses and personal information of others or the sending of mass commercial e-mails.

LINKS AND CONTENT OF THIRD PARTIES

We may post links to third party sites or services. We are not responsible for damages or losses related to the use of the services of third parties whose link is on our site.

INDEPENDENCE OF CLAUSES

If any of these clauses is found to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion will not affect the validity and enforceability of the remaining clauses of these Terms of Use.


SERVICE INTERRUPTIONS

We may have to interrupt your access to the site in order to perform maintenance work or unplanned emergency work. You agree that your access to the Site may be affected by its unplanned or unanticipated unavailibility for any reason and that we will not be liable for any damages or losses arising from such unavailability.

NO WARRANTY

Although we have made reasonable efforts to ensure that the content on this site is accurate, we can not guarantee that such content is free of errors, up to date or complete. In any case, we can not be held responsible for any damage that may arise from an error on the site.

We assume no responsibility for any damage resulting from the misuse of the content of the site. We also can not guarantee that the site will be available without interruption, without error or omission, or that defects are corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its contents are provided "as is" and "as available" without any representation, warranty or condition of any kind, express or implied.

If you decide to subscribe to services or features of the site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and ensure their accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or will be assigned to you at the time of registration or subscription on Marianne Faguy or its partners and assume responsibility with respect to all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or membership account. We can not be held liable, directly or indirectly, for any loss or damage of any nature whatsoever resulting from the failure to comply with this provision or related to such default.

You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your account, use or access to the Site or any of its services, and remove and delete any information or content relating to the Site or any of the Services offered (and terminate your use thereof), for any reason whatsoever, including if we believe that you have violated these Terms. In addition, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation or termination. If you are dissatisfied with Marianne Faguy or any of her services, or any of these conditions, rules, policies, guidelines or practices relating to the operation of Marianne Faguy or any of her services, your sole remedy is to stop using the site or service in question.

CONFIDENTIALITY

In addition to these terms and conditions, the site has a privacy policy that describes how personal information is handled when you visit the site, as well as how cookies are used.

For more information, please see our Privacy Policy.

By browsing the site, you also declare that you have read the above-mentioned privacy policy.


LIMITATION OF LIABILITY

We are in no way responsible for any damages you may incur resulting from your use of the site, to the full extent of the law. Marianne Faguy's maximum liability arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Marianne Faguy in the last six months, whichever is greater. This is valid for all claims including but not limited to loss of profits or income, indirect or punitive damages, negligence, civil liability or fraud of any kind.


ADDITIONAL QUESTIONS AND INFORMATION

For any questions or for more information, please contact us at the following address: info@mariannefaguy.art