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Terms of Use

Whisper Wind Gallery Incorporated – Terms of Use (Website)

Terms of Use

Thank you for visiting www.whisperwindgallery.com (the "Site"). The Site provides website features and other products and services to you when you visit or purchase products on the Site. By visiting and using the Site, you agree to the following conditions:

Privacy

Whisper Wind Gallery Incorporated ("We", or the "Gallery"), collects information for the purpose of providing the services offered on the Site. This includes the purchase and sale of artwork (the "Services"). We collect information related only to the Services, which enable us to carry out the Services. We do not store information over the long-term for data gathering purposes. We do not collect information from you for third-party promotional purposes. We do not share, sell, or release any of your information to any third party.

Electronic Communications

When you use the Services, or send e-mails, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, or by posting notices and messages on the Whisper Wind Site. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any of the Services, such as text, graphics, logos, depictions of artwork, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Gallery Incorporated or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Services is the exclusive property of the Gallery and protected by Canadian and international copyright laws.

Ownership and Removal of Content

All user-generated content posted to the Site, including user comments and blog posts, is the exclusive property of the Gallery. As such, the Gallery may remove any such content from the Site without notice or consultation, for any reason whatsoever. The Gallery’s discretion in this regard is absolute.

Licence and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, the Gallery or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services. This licence does not include any resale or commercial use of any Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of the Gallery Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Gallery or its licensors, suppliers, publishers, rightsholders, or other content providers. No Gallery Services, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Gallery. You may not frame or utilize framing techniques to enclose any logo or other proprietary information (including images, text, page layout, or form) of the Gallery without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Gallery's name or trademarks without the express written consent of the Gallery. You may not misuse the Services. You may use the Services only as permitted by law. The licences granted by the Gallery terminate if you do not comply with these Terms of Use.

Your Account

If you use any of the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province of residence, you may use the Services only with involvement of a parent or guardian. The Gallery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Copyright Complaints

The Gallery respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the Gallery.

Risk of Loss

Risk of loss and title for items purchased from the Site pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

We do not take title to returned items until the item arrives at our premises. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.

Product Descriptions

We attempt to be as accurate as possible. However, the Gallery does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered by the Gallery itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Disclaimer of Warranties and Limitation of Liability

The laws of certain jurisdictions, including Quebec's consumer protection act, do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights.

The services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the services are provided by the Gallery on an "as is" and "as available" basis, unless otherwise specified in writing. The Gallery makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the services, unless otherwise specified in writing. You expressly agree that your use of the services is at your sole risk.

To the full extent permissible by applicable law, the Gallery disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties of title, merchantable quality and fitness for a particular purpose. The Gallery does not warrant that the Site’s services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the services; its servers, electronic communications, or e-mail sent from the Gallery are free of viruses or other harmful components. The Gallery will not be liable for any damages of any kind arising from the use of any of the Services or from any information, content, materials, products (including software) or services included on or otherwise made available to you through any Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Applicable Law

These Terms of Use are governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada, applicable therein. Any dispute or claim relating in any way to your use of any the Services, or to any product or item sold or distributed by the Gallery or through the Services will be resolved in the Province of Nova Scotia.

Site Modification, Severability

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Cookies

The Site uses cookies, or may use cookies from time to time. By your continued use of the Site, you consent to the Site’s use of cookies, including any third-party cookies. If you do not consent to the use of cookies, you can block cookies in your browser's security settings.

 

Contact Information

The Gallery can be reached by mail at: 106 Tanner Settlement Road RR2 Lunenburg, Nova Scotia, Canada B0J 2C0

The Gallery can be reached by email at: info@whisperwindgallery.com