1. Introduction

This website is operated by KMM ART. The terms “we”, “us”, and “our” refer to KMM ART. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

2. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

3. General Conditions 

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

4. Products or Services 

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour, design or format of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

5. Orders and Shipping

Orders, payment methods, shipping or refunds may vary depending on your country of origin. Information on returns or refunds are available on our Return Policy. Please review the same periodically, as it may be amended from time to time. If you have any questions or concerns, please contact us at the information provided herein.

You acknowledge and agree that products available for purchase on our website are only available for delivery within Canada and the United States of America. You will be provided an estimated delivery date at checkout before you place your order. We may use third party applications that estimate the shipping fees and delivery dates for your order. You agree that we are not responsible or liable for any error or inaccuracy caused by any such application, and you will not seek any compensation any such error or inaccuracy.

If more than one print is purchased in a single order we reserve the right to ship the prints to you in separate parcels, if it will optimize the safety of the print. All prints will then come with their own shipment cost. The parcels may arrive at the shipment destination on different days.

6. Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

7. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, printed or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

8. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

9. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

10. Prohibited Uses

In addition to other terms and conditions set forth in these Terms, you are prohibited from using the website or its content to or for: (i) resell any products purchased through the website; (ii) download, collect or use any product images, slogans, names or descriptions; (iii) create a false identity; (iv) attempt to access, access or alter any systems or servers associated with the website; (v) download, extract or otherwise obtain any meta tags or any other information relating to us or one or our product names; (vi) for any unlawful purpose; (vii) solicit others to perform or participate in any unlawful acts; (viii) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (ix) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (x) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on any basis whatsoever, including but not limited to gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (xi) submit false or misleading information; (xii) upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of our website, other websites, or the Internet; (xiii) collect or track the personal information of us or others; (xiv) spam, phish, pharm, pretext, spider, crawl, or scrape; (xv) any obscene or immoral purpose; or (xvi) interfere with or circumvent the security features of our website or any related website, other websites, or the Internet.

You agree not to copy, sell or exploit any of the products or services or our website or any portion thereof. You must not introduce any virus, Trojans, worms or other malicious material into the website. You agree that you will not attempt to gain unauthorized access to our website and any servers or cloud services associated with our website.

The Company reserves the right to terminate your use of our website or any related website for violating any of the prohibited uses.

11. Intellectual Property Rights

You agree that the website and all services provided thereon are property of KMM ART, including all copyrights, trademarks, trade secrets, patents, and other intellectual property found on the website. Our intellectual property also includes a copyright in the entirety of the underlying website. You agree that we own all right, title, and interest in, and to, our intellectual property, and that you will not use our intellectual property for any unlawful or infringing purpose. You agree not to reproduce or distribute our intellectual property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

12. Reverse Engineering and Security

You agree not to undertake any of the following actions:

(a)       scan or probe the underlying structure of our website;

(b)       reverse engineer, or attempt to reverse engineer or disassemble, any code or software from or on our website;

(c)        violate the security of KMM ART or our website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network;

(d)       use bots, web crawlers, or any similar devices or online tools to access or index data from the;

(e)       attempt to disrupt the experience of other users of our website in any way;

(f)        disseminate any virus or other bad code which could harm our website or KMM ART, or any device of any website user, specifically including files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

(g)       undertake any action that imposes or may impose, in our sole and exclusive discretion, an unreasonable or disproportionately large load on the infrastructure of our website.

Any violations of this clause will be grounds for immediate termination of your right to use our website. Additionally, we hereby reserve all rights to pursue any and all legal actions for a violation of this clause, including the seeking of monetary and injunctive relief.

13. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

We are based in Canada and make no claims that our website or any of its content or services are accessible or appropriate for any users outside of Canada or the United States of America. Access to the website may not be legal or possible by certain persons or in certain countries.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

14. Indemnification 

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

15. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

16. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

17. Headings

Any headings and titles herein are for convenience only.

18. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

19. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of British Columbia without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of British Columbia and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

20. Questions or Concerns

Please send all questions, comments and feedback to us at karen_moscone@kmm-art.com.