Terms Of Use

Terms of Use

Diane Babayan Art (the “Bayan Studio”) is pleased to provide this website and our on-line e-store (collectively, the “Bayan Studio Site”). The following describes the terms (the “Terms” that govern your use of the Bayan Studio Site, and the services and goods provided through the Bayan Studio Site). Your use of the Bayan Studio Site constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the Bayan Studio Site.

1. Use of the Bayan Studio Site

(a) Content
The information and materials contained at the Bayan Studio Site, including the text, images, arrangement and general design (collectively, the “Content”) are owned or licensed by Bayan Studio, the respective artist or the artist’s heirs. You are authorized to view or download a single copy of the Content solely for your personal, educational, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorization of the Bayan Studio or the copyright owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted.

(b) Prohibited Use
You may not use the Bayan Studio Site in any manner which is contrary to applicable local, provincial, national, international and foreign laws or regulations governing your use of the Bayan Studio Site. It is solely your responsibility to determine whether your use of the Bayan Studio Site is lawful. You may not use the Bayan Studio Site in any manner which could damage, disable, overburden or impair the Bayan Studio Site or interfere with any other party’s use and enjoyment of the Bayan Studio Site.

(c) Prices and Orders
The Bayan Studio reserves the right to change the prices, fees and charges regarding the goods and services available through the Bayan Studio Site at any time and from time to time without any notice or liability to you or any other person. The Bayan Studio cannot guarantee that goods or services advertised on the Bayan Studio Site will be available when ordered or thereafter. The Bayan Studio also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, the Bayan Studio will provide you with an opportunity to cancel your order. If you order goods or services that are not available, the Bayan Studio will notify you by email with an expected shipping date. The Bayan Studio reserves the right to limit quantities sold.

(d) Modification
The Bayan Studio reserves the right to change or modify the terms, conditions, and notices under which you may use the Bayan Studio Site. The Bayan Studio will post all changes or modifications to these Terms on the Bayan Studio Site. Each use of the Bayan Studio Site will constitute your acceptance of the Terms posted on the Bayan Studio Site at that time.

2. Your Information

The Bayan Studio is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.

(a) E-Newsletters
If you advise us that you wish to subscribe to our e-newsletters, your information will be used to provide you with the e-newsletters and to contact you to determine whether you are interested in becoming a member of the Bayan Studio.

3. Disclaimer

THE Bayan Studio SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. THE Bayan Studio DISCLAIMS ALL CONDITIONS, TERMS, REPRESEBayan StudioTIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHABayan StudioBILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE Bayan Studio SITE OR ANY OFTHE CONTENT.

THE Bayan Studio DOES NOT WARRANT THAT THE Bayan Studio SITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE Bayan Studio SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THE Bayan Studio SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS OR COMMUNICATION LINE FAILURE.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE Bayan Studio FURTHER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESEBayan StudioTIONS (I) REGARDING THE GOODS OR SERVICES PROVIDED THROUGH THE Bayan Studio SITE (THE “PRODUCTS”), (II) REGARDING THE USE OF THE PRODUCTS, (III) THAT THE PRODUCTS WILL PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS, OR (IV) THAT ANY DEFECTS IN THE PRODUCTS WILL BE CORRECTED.

4. Limitation of Liability

THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESEBayan StudioTIONS AND OBLIGATIONS OF THE PARTIES TO THESE TERMS. THE Bayan Studio WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE), EXPENSES, LOSS OF PROFITS, LOSS OF EARNING, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR OTHER LOSS, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE PROVISION, USE OR FAILURE OF THE Bayan Studio SITE, AND/OR THE CONTENT, WHETHER NEGLIGENT OR OTHERWISE, AND WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT, OR ANY OTHER DOCTRINE OF LAW.

5. Indemnity

You agree to indemnify, defend and hold harmless the Bayan Studio and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the Bayan Studio Site by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.

6. Links

Links to external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by the Bayan Studio of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between the Bayan Studio and the Linked Sites. The Bayan Studio is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.

7. Miscellaneous

(a) Survival
The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms.

(b) Marks
The Diane Babayan Art and the Bayan Studio logo (collectively the “Marks”) appearing on the Bayan Studio Site are registered trademarks, trademarks or service marks of the Diane Babayan Art. The use of the Marks is strictly prohibited without the prior written consent from the Bayan Studio. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Nothing appearing on the Bayan Studio Site or elsewhere will be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Marks displayed on the Bayan Studio Site.

(c) Severability
If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

(d) Entire Terms
Unless specifically provided herein, these Terms constitute the entire agreement between you and the Bayan Studio with respect to your use of the Bayan Studio Site. These Terms will supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of the Bayan Studio Site except as specifically set forth herein.

(e) Termination
These Terms will automatically terminate if you are in breach of any of the provisions contained herein. The Bayan Studio reserves the right, in its sole discretion, to suspend or terminate your access to the Bayan Studio Site and the related services or any portion thereof at any time, without notice. Upon any such termination you may no longer access and/or use the Bayan Studio Site.

The Bayan Studio may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Bayan Studio Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

If these Terms or your permission to use the Bayan Studio Site is terminated by you or the Bayan Studio for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Bayan Studio Site and your purchases of goods and services through the Bayan Studio Site and anything connected with, relating to or arising from those matters.

(f) Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, located in the city of Toronto for any legal proceeding arising out of or relating to your use of the Bayan Studio Site or these Terms.

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