Terms Of Service

Joyce Ozier – Website Agreement and Terms Of Service

The www.joyceozier.ca Web Site (the “Site”) is an online information service which is provided by Joyce Ozier, for the information and entertainment of the user (You), subject to and conditional upon the user’s compliance with the terms and conditions set forth below.
Please read this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below.
If you do not wish to be bound by these terms and conditions, you may not access or use the Site.
Joyce Ozier may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Site.
You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement.

1a. Purchase Of Paintings

The paintings offered for sale on this website may be purchased through the Shopping Cart at the price stated. An additional charge may be made to cover postage, packing and insurance, etc., If any additional charge is made, it will be specified by the Shopping Cart at the point of purchase and before any payment is made.
The paintings offered for sale on this website are also offered for sale in other venues. If for any reason the painting you have purchased through the Shopping Cart has already been sold through another venue, a full refund will be issued to you as quickly as reasonably possible. Joyce Ozier cannot accept any responsibility for such a mishap other than to issue a full refund to you.

1b. Risk of Loss

All paintings purchased from Joyce Ozier, unless delivered personally, must be delivered to you by a carrier or postal service (herinafter called ‘the carrier’).
This means that the painting is despatched to you pursuant to a contract with the carrier. Consequently, any risk of loss of the painting, or loss of title to the painting passes to you immediately upon Joyce Ozier’s delivery of the painting to the carrier.

1c. Product Descriptions

Joyce Ozier endeavours to be as accurate as possible with any description of each painting. In addition, photographs of each painting are displayed in several places on this website. However, it is a well-known problem with computer screens or monitors that they often vary in their colour rendition from screen to screen. Therefore, Joyce Ozier cannot guarantee that the colours you see on your screen are exactly the same as the actual painting which you may purchase.
There may be slight variations. You therefore agree that this shall not be an adequate reason to cancel your purchase, and that you will accept such slight variations in colour as being within the normal risks of doing business over the internet.

1d. Returns, Refunds and Title

Standard Practice – If a painting is returned for any acceptable reason, the title shall remain with the purchaser until the painting is physically accepted by Joyce Ozier from the carrier. Only after the painting is physically accepted by Joyce Ozier, and the title thereby accepted can a refund be issued.

Exceptions – At Joyce Ozier’s discretion a refund may be issued without the painting in question being returned. If this happens it shall not set a precedent and each case shall be decided upon its merits.

2a. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Joyce Ozier This website may also contain copyright materials submitted by affiliates, advisers, technicians or other third parties. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own personal use provided that you agree not to modify the material in any way whatsoever, nor to change or delete any copyright or proprietary notices from the materials.

You agree to grant to Joyce Ozier a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by any and all other methods of communication such as e-mail, post, fax or phone, to Joyce Ozier or www.joyceozier.ca by all means and in any media now known or hereafter developed.
You also grant to Joyce Ozier the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. In accordance with Clause 4 of this Agreement, you agree that you shall have no recourse against Joyce Ozier her officers, associates, employees, agents, licensors, for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Joyce Ozier or this website

2b. Trademarks.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Joyce Ozier.
Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use Of Services provided by the Site

You understand and agree that, except for the information, products or services clearly identified as being supplied by Joyce Ozier or Joyce Ozier and a business associate, Joyce Ozier does not operate, control or endorse any other information, products or services on the Internet in any way.
Information, products or services specifically identified as provided by Joyce Ozier will be clearly identified as such.
However, Joyce Ozier reserves the right to offer through her website(s), and to supply, other information, products and services created and offered by and through third parties, that are affiliated to , and are not affiliated to Joyce Ozier

Although Joyce Ozier takes reasonable precautions with regards to security, you understand, agree and accept that Joyce Ozier cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing appropriate and sufficient security procedures and checkpoints to safeguard your own computer systems, and to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the Site and the internet. Joyce Ozier provides the Site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information or service provided through the service or on the internet generally. And you agree Joyce Ozier shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information supplied through the services provided by Joyce Ozier . on the Site, or on the internet generally.

Joyce Ozier does not warrant that the service provided by the Site will be uninterrupted or error-free or that defects in the service will be corrected.
Joyce Ozier does not knowingly engage in any distribution or dissemination of morally dubious, offensive or sexually explicit materials. However, it has been known for hackers to access innocent sites and place such unauthorised content. Furthermore, it has been known for spammers to spoof innocent websites and
email addresses in distributing offensive materials. You understand that the open nature of the internet permits unedited materials some of which are unsavoury, sexually explicit or may be offensive to you. Your access to such materials is at your risk. Joyce Ozier will never engage in such activities, but has no control over and accepts no responsibility whatsoever for such materials.

4. Limitation of liability

You agree that in no event will Joyce Ozier be liable for:
(i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of, or inability to use, the service, or any information, or transactions provided on the service, or downloaded
from the service, or any delay of such Information or service, even if www. Joyce Ozier or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the services and/or materials or information downloaded from the Site.

Joyce Ozier makes no representations whatsoever about any other website which you may access through this Site or which may link to this Site.
When you access a non-Joyce Ozierweb site, please understand that it is independent from Joyce Ozier, and that Joyce Ozier has no control over the content on that web site. In addition, a link from a third-party website to a Joyce Ozier .web site does not mean, and shall not be construed as meaning, that Joyce Ozier endorses or accepts any responsibility for the content, or the use, of such web site.

5. Indemnification.

You agree to indemnify, defend and hold harmless Joyce Ozier, her officers, associates, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.

6. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), 3 (Limitation of Liability) and 4 (Indemnification) are:
a) for the protection of Joyce Ozier and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall jointly and severally have the right to assert and enforce those provisions directly against you on its own behalf; and
b) for the protection of the ability of Joyce Ozier to continue to provide services for the benefit of its clients and customers.

7. Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright,Licenses, Idea
Submissions and Trademarks), 2 (Use of the Service), 3 (Limitation of Liability), 4 (Indemnification), 5 (Third Party Rights) and 7 Miscellaneous) shall survive any termination of this Agreement.

8. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of Vancouver, British Columbia, Canada.
You agree that any legal action or proceeding between Joyce Ozier and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Vancouver, British Columbia, Canada.
Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Joyce Ozier’s omission or failure to insist upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Joyce Ozier may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any and all additional policy notices and agreements posted on the Site shall be part of this Agreement.
Any rights not expressly granted herein are reserved.

© 2014 Joyce Ozier All rights reserved.