Terms and Conditions
Welcome to www.thecanvasagency.com (the “Website”).
The Website is owned and operated by 10528480 Canada Inc., a Canadian corporation doing business as The Canvas Agency (“Canvas”, “We”, “Us”, or “Our”). Please read these Terms and Conditions (“Terms”) carefully before using the rest of our Website.
If you do not agree to be bound by all of the term and conditions contained and referenced in these Terms, you do not have permission to use the Website. We recommend you print a copy of the Terms for your records.
Changes to the Terms
We reserve the right, in our sole discretion and at any time, to change, modify, or amend any provisions of the Terms or policies and guidelines governing your use of the Website. Any such changes or modifications will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Website in order to understand the terms and conditions applicable to your use of the Website. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Website, your sole recourse is to stop using the Site.
Adult Users Only
The Website is not intended for children under the age of eighteen (18) without the permission and supervision of a parent or guardian. If you are under 18, you are not authorized to use this Website without a parent or guardian. By accessing the Website, you represent and warrant that you are 18 or over, or, if under 18, you are accessing the Website with the permission and supervision of your parent or guardian.
When you submit any of your details to us via the email address(es) contained in the Website, you warrant that all the details you supply, including without limitation, your name and e-mail address, are accurate, that you are authorized to use the email address that you provide and that you are at least eighteen (18) years old.
If you are below the age of 18, please obtain the permission of your parent or guardian before using the Website. We have no intention of collecting any personal information from individuals below the age of eighteen (18) without informed parental consent. Parents are encouraged to review their children’s email and internet activities to ensure that the Website is being used in accordance with these Terms.
External Links Disclaimer
The Website may contain links to third-party websites that are not operated or controlled by Canvas. Use of these links to access other websites is at your own risk. We do not monitor or have control over, and make no claims for the accuracy, reliability, or quality of any information or services provided or products sold at these websites. We may establish links to other websites for the convenience of our users; however, such links are not intended to by endorsements of the other websites. When you leave the Website, our Terms no longer govern. You should review all applicable terms and policies, including privacy and data gathering policies, of any third-party websites, and should make whatever investigation you feel is appropriate before proceeding with any transaction with any third party.
Canvas Intellectual Property
The Website, and all content and other materials on the Website, including, but not limited to, the Canvas logo and design, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, software and the selection, as well as any emails or documents prepared and/or sent to you by Canvas, and arrangement thereof (collectively, the “Materials”) are our property and are protected by Canadian and international copyright, trademark, and other intellectual property laws.
Canvas, the Canvas logo, and any other product, service name, or slogan contained in the Website are trademarks of Canvas, and may not be copied, imitated or used, in whole or in part, without our prior written consent. Additionally, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Canvas and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners.
License and Restrictions
We grant you a limited, non-sub-licensable, non-exclusive and revocable license to access and make use of the Website and the Materials, solely in accordance with and subject to these Terms and any other applicable policies or guidelines contained on the Website. Except as otherwise expressly permitted by these Terms, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Website or the Materials; (ii) resell, publicly perform or publicly display any portion of the Website or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Website or the Materials; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Website; (v) use the Website in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Website, the Materials or any information contained therein; or (vii) use the Website or the Materials other than for their intended purposes.
By using the Website, you represent, warrant, acknowledge and agree to the following: (a) Your use of the Website is in accordance with and does not violate these Terms; (b) Any and all information you provide to us is truthful and accurate; (c) You will not use the Website in any manner that may: (i) Violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, privacy, moral rights, contracts, or other personal or proprietary rights; (ii) Cause injury of any kind to any person or entity, including, but not limited to, any slander, libel or defamation; and (iii) Violate or encourage others to violate any applicable local, provincial, national, and international laws, rules, or regulations.
You agree to defend, indemnify, and hold harmless Canvas and Canvas’s parents, subsidiaries, partners, principals, members, officers, employees, representatives, contractors, and permitted assigns (each, an “Indemnified Party”) from and against any and all third-party claims, liabilities, deficiencies, judgments, awards, settlements, damages, losses, fines, injuries, penalties, fees, costs and expenses (including reasonable attorney’s fees and expenses in connection with your use of the Website, any breach or gross negligence or willful misconduct in connection with the Terms, or any other act or omission by you.
By accessing the Website, you agree to not hold Canvas, any party involved in maintaining the Website, and any of Canvas’s officer, directors, employees, or agents, liable or responsible for the following:
Any third party websites linked to the Website, or the material on such third party websites, including, but not limited to loss or damage to due computer viruses or malware,
Loss of profit, loss of business opportunity, or any other indirect, punitive, or consequential loss.
Canvas does not warrant that any of the features contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website’s server is free of viruses or malware. You are responsible for configuring your information technology and platform to access the Website, and should use your own virus protection software.
Canvas may assign or transfer any of the rights, duties, or obligations contained in these Terms without your consent, provided that said assignee shall assume all of Canvas’s obligations thereunder.
If any provisions of these Terms are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
Any failure by Canvas to enforce any provision contained in these Terms will not be construed as a waiver by Canvas of its right to enforce that provision or any other provision of these Terms, and will not operate as an amendment to these Terms.
Headings and Construction
The headings in these Terms are purely for convenience and are not to be used as an aid in interpretation.
Jurisdiction and Governing Law
These Terms shall be governed and construed in accordance with the laws of the province of Ontario, without regard to the principles of conflicts of law. Any action or claim brought under these Terms or for any matter arising out of or in any way relating to this Site shall be heard in and venue shall be located in the city of Toronto, in the province of Ontario.
These Terms and the policies and guidelines incorporated by reference constitute the entire agreement of the Parties in connection with the use of the Website. It is expressly warranted by you that no promises or inducements have been offered except those set forth in these Terms.
Reports and Additional Information
If there is any additional information you would like regarding these Terms, or you believe there is a violation of these Terms and you would like to report it to us, please direct the information to firstname.lastname@example.org. Reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, provincial, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.