Terms & Conditions

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:

By using the service, you agree to be bound by all of the terms and conditions set forth herein. Please review the following terms carefully. If you do not agree to these terms, you should not submit any art for sale,  competitions and exhibitions; obtain goods, products or services from this site. The Terms of Service and Use outlined on this site may be amended at any time by STUDIO C AT THE JUNCTION without any specific notice to you. The latest and most current version of the Terms of Service and Use will be posted on this site, and you should review the Terms of Service and Use prior to any use of this site.

ELIGIBILITY:

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

INTELLECTUAL PROPERTY:

All artwork appearing on STUDIO C AT THE JUNCTION remains the intellectual property of the original artist.
If you submit listings for Original Works of Art, you hereby appoint STUDIO C AT THE JUNCTION as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and on third party websites (collectively “On-line Sales”) and you hereby grant STUDIO C AT THE JUNCTION a worldwide, transferable, non exclusive, right and license, with a right to sub-license, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via On-line Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting the STUDIO C AT THE JUNCTION Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the On-line Sales channel.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the site contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the “Intellectual Property”), which are owned by STUDIO C AT THE JUNCTION,  its participating artists, licensors, affiliates or partners. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to STUDIO C AT THE JUNCTION or, its’ participating artists, its licensors, affiliates or partners. You may use the Intellectual Property in accordance with Section 2 above, but you may not use the Intellectual Property for any other purpose, or copy the Intellectual Property in whole or in part, without prior written permission from STUDIO C AT THE JUNCTION You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site. You do not acquire Intellectual Property rights in any item purchased through the Site, except to the extent outlined in Section 2 above. Other product and company names appearing on the Site may be trademarks of their respective owners. 

USER CONDUCT:

The Service is provided to individuals only. The viewing, printing, purchase or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

In addition, you agree that (1) you will not interfere with another STUDIO C AT THE JUNCTION customer’s use and enjoyment of the Site or Service or disrupt networks connected to the Site and (2) you will comply with all applicable local, state, national and international laws and regulations, including, but not limited to, all laws regarding the transmission of technical data exported from Canada. STUDIO C AT THE JUNCTION reserves the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request.

MODIFICATION:

STUDIO C AT THE JUNCTION. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), any document, information or other content on the Site, with or without notice to you. You agree that STUDIO C AT THE JUNCTION shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service, any document, information or other content on the Site.

COPYRIGHTS AND COPYRIGHT AGENTS:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DISCLAIMER OF WARRANTIES:

You expressly agree that your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. STUDIO C AT THE JUNCTION expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
STUDIO C AT THE JUNCTION makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure, or error or virus free; nor does STUDIO C AT THE JUNCTION make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in software used in connection with the service will be corrected. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.
You specifically agree that STUDIO C AT THE JUNCTION is not responsible for unauthorized transmissions, access to or alteration of your transmissions or data sent or received, or not sent or received, or any transactions entered into through the service. You acknowledge that STUDIO C AT THE JUNCTION does not control content, information, products or services offered by advertisers or third parties on or through the service, including, but not limited to, information, products, or services provided by license to STUDIO C AT THE JUNCTION from third parties. Except as otherwise agreed in writing, STUDIO C AT THE JUNCTION assumes no responsibility for and makes no warranty or representation as to the accuracy, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including, but not limited to, advertisers) through the service.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from STUDIO C AT THE JUNCTION or through the service shall create any warranty not expressly made herein. We disclaim any duty or obligation to update any information on our site. Information about other companies should not be relied upon as being provided or endorsed by us. Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above exclusions may not apply to you.

You agree that we and our affiliated parties have no liability whatsoever for your use of any information or service; nor do we have any liability whatsoever for any product purchased through the site. STUDIO C AT THE JUNCTION shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, business, use (or inability to use), data or other intangibles, even if STUDIO C AT THE JUNCTION has been advised of the possibility of such damages, resulting from the use or the inability to use the service or from transactions entered into with STUDIO C AT THE JUNCTION through the service or resulting from unauthorized access to or alteration of transmissions or data. You specifically agree that STUDIO C AT THE JUNCTION is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the service or such content in any document, material or item purchased through the site, or for any infringement of violation of another’s rights by any other party on the service, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. The negation of damages set forth herein is a fundamental element of the bargain between us and you. This site and the information on the site would not be provided without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

INDEMNIFICATION:

You agree to indemnify and hold STUDIO C AT THE JUNCTION, its subsidiaries, affiliates, independent contractors and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys and representatives, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Service, your violation of these Terms of Service and Use, or your violation of the rights of any third party.

USE OF INFORMATION:

STUDIO C AT THE JUNCTION reserves the right, and you authorize us by using our Site, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms of Service and Use. You further agree that by supplying public information including but not limited to text and images, you are giving STUDIO C AT THE JUNCTION the rights to display this public information on the site due to you participating in any of art competitions, art exhibitions, posts, pages, special sections and in all of the Site’s marketing efforts. The artist retains all rights to their supplied text and images, but STUDIO C AT THE JUNCTION reserves the right to edit or remove offensive or otherwise illegal images or text from its site.

PAYMENT:

You represent and warrant that if you are participating in any activity from the Site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

LINKS TO OTHER WEB SITES:

The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

SITE ART AND COMPETITION/EXHIBITION ENTRIES:

By uploading work to the site, you are authorizing STUDIO C AT THE JUNCTION to display your work as it sees fit on the site. This includes STUDIO C AT THE JUNCTION galleries, archives, and the artist showcase, and all other places where member art is displayed at random.

Also, by entering STUDIO C AT THE JUNCTION competitions and exhibitions, you authorize STUDIO C AT THE JUNCTION to display your entry for posterity as part of an historical site record, regardless of whether your use of the site remains active or not.

RESPONSIBILITY FOR WORKS

You acknowledge and agree that you are solely responsible for all Original Works of Art that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; and (ii) Original Works of Art that you make available through the Site and Services nor use STUDIO C AT THE JUNCTION ‘s and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

ONLINE SALES

If you submit listings for Original Works of Art, you hereby appoint STUDIO C AT THE JUNCTION as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant  STUDIO C AT THE JUNCTION worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting STUDIO C AT THE JUNCTION, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.

As between you and STUDIO C AT THE JUNCTION, STUDIO C AT THE JUNCTION will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and, STUDIO C AT THE JUNCTION these Terms will apply to the sale of such Original Work of Art and/or Printed Work. STUDIO C AT THE JUNCTION and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or STUDIO C AT THE JUNCTION’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between STUDIO C AT THE JUNCTION and the third party website or STUDIO C AT THE JUNCTION’s Offline Sales partner, as applicable, to STUDIO C AT THE JUNCTION and share related  shipping information, including the contact details of the purchaser where necessary, with STUDIO C AT THE JUNCTION.

For Original Works of Art only originating outside of the Greater Metropolitan Toronto region, STUDIO C AT THE JUNCTION will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by STUDIO C AT THE JUNCTION, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. STUDIO C AT THE JUNCTION will provide you with information regarding its preferred shippers with which STUDIO C AT THE JUNCTION maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a STUDIO C AT THE JUNCTION preferred shipper account, STUDIO C AT THE JUNCTION will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping  address to STUDIO C AT THE JUNCTION if you are using a STUDIO C AT THE JUNCTION preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, STUDIO C AT THE JUNCTION (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a STUDIO C AT THE JUNCTION preferred shipper or if you pay for the cost of shipping yourself, STUDIO C AT THE JUNCTION will reimburse you for the amount you paid, up to the amount that STUDIO C AT THE JUNCTION or the third party website charged the purchaser for shipping.

For sales of Original Works of Art via the Online Sales channels, STUDIO C AT THE JUNCTION will credit your Account in an amount to be determined in accordance with STUDIO C AT THE JUNCTION’s then-current standard pricing and commission terms, as defined in the agreement; for sales of Original Works of Art via the Site and Services, subject to STUDIO C AT THE JUNCTION’s receipt of confirmation of delivery to the purchaser, STUDIO C AT THE JUNCTION will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, STUDIO C AT THE JUNCTION will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the  third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by STUDIO C AT THE JUNCTION, in its sole discretion. You agree to comply with the terms and conditions of STUDIO C AT THE JUNCTION's then-current Return Policies that are applicable to any Original Works of Art that are sold through the Site and Services.

For sales of Printed Works via Online Sales and Offline Sales, STUDIO C AT THE JUNCTION will credit your Account with the applicable Artist Revenue Share as set forth in STUDIO C AT THE JUNCTION's then-current standard pricing and commission terms. You will have the right to request STUDIO C AT THE JUNCTION to remit the Artist Revenue Share in your Account in accordance with a STUDIO C AT THE JUNCTION-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, STUDIO C AT THE JUNCTION will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.

PURCHASER TERMS AND CONDITIONS

PRIVACY POLICY 

CONTACT INFORMATION:

STUDIO C AT THE JUNCTION never sells, rents, trades, leases, barters or discloses our mailing lists, participating artist lists, and addresses entered into our sites system.  We understand what it is like to receive spam mail.

STUDIO C AT THE JUNCTION wishes to alert artists that providing your personal contact information is not advised, although we require your current contact information for our records in the event that we need to contact you. In the event that someone tries to contact you via our site if you have not provided public information, their message will be forwarded to the member to respect the member’s privacy.

FINANCIAL INFORMATION:

All payments made to STUDIO C AT THE JUNCTION website are handled by our secure third-party service provider, PAYPAL.COM and not by STUDIO C AT THE JUNCTION. Any changes that need to be made to your submissions or payment method must be done through PAYPAL.COM.  PAYPAL.COM will never have access to anyone’s financial records and shall remain confidential.

OPT OUT OF EMAILS:

STUDIO C AT THE JUNCTION sends out at least twice monthly newsletters. To opt out, your options include responding to one of our emails with REMOVE or UNSUBSCRIBE in the subject heading, or contact us directly with your request: info@studiocatthejunction.com.  We know how quickly email adds up and will be happy to accommodate you.

UPDATES:

In the event that STUDIO C AT THE JUNCTION reserves the right at any time and from time to time to modify its PRIVACY POLICY. STUDIO C AT THE JUNCTION is not liable for any contact information which is not up to date.  You agree that STUDIO C AT THE JUNCTION, INC. shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service, any document, information or other content on the Site.

INFORMATION ABOUT OUR SITE

Our site gathers information about visitors that is not personally identifiable. This information includes the type of internet browser and operating system you are using, IP (Internet Protocol) addresses and other related information such as page requests and average time spent on our website. Please note the information will only be gathered while the visitor is on the site. No information is gathered about other third party sites the visitor has accessed. The information collected is analyzed to help us understand trends and patterns and to improve the content, design, and user experience of our site.

Cookies: Our website uses a technology called “cookies”. A cookie is a tiny element of data that our website can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. You may set your web browser to notify you when you receive a cookie. However, if you decide not to accept cookies from our website, you may not be able to take advantage of all of the features of our website.

Tracer Tags & Web Beacons:  Some areas of the website may also use “web beacon” technologies. Web beacons work in conjunction with cookies and let us know what portions of our site are of interest to our visitors and to help us provide you with tailored information from our website. If you turn off cookies, web beacon technologies will still detect anonymous visits, but the notices they generate cannot be associated with other information that is collected and are disregarded.

Third party links: Our website may contain links to other sites that STUDIO C AT THE JUNCTION does not own or operate. Also, links to our website may be featured on third party websites on which we advertise. Except as described in this Privacy Statement, we will not provide any of your personal information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of, or referral to the linked websites. The linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility.

LEGAL DISCLAIMER

Emails from STUDIO C AT THE JUNCTION and affiliates are confidential, may be privileged and are intended for the exclusive use of the addressee(s). Any other person is strictly prohibited from disclosing, distributing or reproducing them. If the addressee cannot be reached or is unknown to you, please tell the sender immediately by return e-mail, delete the e-mail and destroy all copies of the email and any attachments. The views expressed in emails are not necessarily those of STUDIO C AT THE JUNCTION and its affiliates. Emails are also subject to copyright and must not be reproduced or adapted without the consent of the owner.

If you have any concerns about personal information maintained by STUDIO C AT THE JUNCTION or if you wish to access, correct or update your personal information, please direct your query to info@studiocatthejunction.ca