This Agreement sets forth the terms and conditions which apply to the use by you of the FACE atelier Site (as defined below) and any other subscription product or service offered for sale by FACE atelier and/or its affiliates (collectively, " FACE atelier"). The right to use any product or service offered by FACE atelier is personal to you and is not transferable to any other person or entity.
The " FACE atelier Site" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by FACE atelier on the World Wide Web. The FACE atelier Site consists of information services and content provided by FACE atelier, affiliates of FACE atelier and third parties. The term "Community Areas" means the bulletin boards, chat rooms and other user participatory areas on the FACE atelier Site
Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.
Changes + Modifications
FACE atelier shall have the right at any time to change or discontinue any aspect or feature of the FACE atelier Site including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
Use of the FACE atelier Site + the Community Areas
The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in FACE atelier's judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with FACE ateliers express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by FACE atelier.
The FACE atelier Site and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the FACE atelier Site are copyrighted as a collective work under Canadian copyright laws. FACE atelier is the owner of the copyright in the entire FACE atelier Site. FACE atelier owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the FACE atelier Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the FACE atelier Site without the express permission of FACE atelier and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the FACE atelier Site, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to FACE atelier, and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to FACE atelier (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that FACE atelier considers to be offensive. You shall provide FACE atelier with accurate, complete and updated information provided by you at the time of registration.
The FACE atelier Site contains links to other web site, resources and advertisers. FACE atelier is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external site. Under no circumstances shall FACE atelier be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the FACE atelier Site and Community Areas and all charges related thereto.
The foregoing provisions of this Section 3 are for the benefit of the FACE atelier, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
FACE atelier has carefully designed the FACE atelier Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the FACE atelier Site in any way that interferes with that purpose. In particular, FACE atelier prohibits any party from displaying the content on the FACE atelier Site in any format where third party advertising or other materials that FACE atelier did not authorize is viewed or viewable together with FACE atelier's proprietary content.
FACE atelier shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by FACE atelier from time to time. FACE atelier shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, FACE atelier shall have the right, but not the obligation, to remove any material that FACE atelier, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of FACE atelier, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither FACE atelier nor any of its affiliates shall assume or have any liability for any action or inaction by FACE atelier with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE FACE ATELIER SITE IS AT YOUR SOLE RISK. NEITHER FACE ATELIER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE FACE ATELIER SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FACE ATELIER SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITE OR THE COMMUNITY AREAS.
THE FACE ATELIER SITE AND THE COMMUNITY AREAS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FACE ATELIER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL FACE ATELIER OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE FACE ATELIER SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FACE ATELIER SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE FACE ATELIER SITE AND/OR THE COMMUNITY AREAS. FACE ATELIER'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO FACE ATELIER.
FACE ATELIER NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE FACE ATELIER SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED FACE ATELIER EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL FACE ATELIER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE FACE ATELIER SITE AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE FACE ATELIER SITE AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
FACE ATELIER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE FACE ATELIER SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. FACE ATELIER MAKES PRODUCTS OR SERVICES AVAILABLE ON THE FACE ATELIER SITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You agree to defend, indemnify and hold harmless FACE atelier, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the FACE atelier Site and/or the Community Areas.
Your Obligations + Responsibilities
FACE atelier shall have the right to immediately terminate this Agreement with respect to any user which FACE atelier, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
All trademarks appearing on the FACE atelier Sites are the property of their respective owners.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the province of Alberta, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Province of Alberta. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Province of Alberta, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement and any operating rules for the FACE atelier Site and the Community Areas established by FACE atelier constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Province of Alberta, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.