WEBSITE AGREEMENT
CONDITIONS OF USE
Hello and welcome to our website. On behalf of all of us at Myers
Massie Studio, Inc., a.k.a. Fred Myers Studio, Inc. ("MMS"), thank
you for your interest in our products.
The following are the terms of legal agreement between you and
MMS. By accessing, browsing, and/or using this website ("Site"),
you acknowledge that you have read, understood and agreed to be
bound by these terms and to comply with all applicable laws and
regulations, including both United States and Canadian Copyright
and Trademark laws. If you do not agree to these terms, please
do not use this site.
This site is operated by MMS from its offices in Vancouver, British
Columbia, Canada. MMS makes no representations that materials
in the Site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with
applicable local laws.
MMS reserves the right to alter or amend the terms of this agreement
at any time, you agree that each time you visit our Site, you
will be subject to and bound by the current terms of this agreement.
OWNERSHIP
This Site is owned and operated by MMS and, unless otherwise noted,
MMS owns or controls the Copyright in all materials provided here.
No material from this Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any manner or
form except as explicitly provided below. Modification of the
materials or use of the materials for any purpose other than those
purposes explicitly permitted below is a violation of MMS's copyright
and/or other proprietary rights. The use of any materials from
this Site on any other website or networked computer environment
is prohibited.
TRADEMARKS
The trademarks and service marks ("Trademarks") used or displayed
on this Site are registered and unregistered Trademarks of MMS,
unless otherwise noted. Nothing in this Site should be construed
as granting - by implication, estoppel, or otherwise - any license
or right to use any trademarks displayed on the site without the
express written permission of MMS or the trademark owner, the
name "Myers Massie Studio, Inc." or Fred Myers Studio. Inc. or
"Fred Myers" or "Mollie Massie" or MMS's logos may not be used
in any way without MMS's prior written consent.
You may not use MMS's logos as a "hot" link to any other site
unless the establishment of such a link is approved by MMS in
advance and in writing.
Any questions regarding the use of these Trademarks or copyrights
or potentially related marks should be referred to MMS at
(604) 266-5009.
SINGLE COPY LICENSE
You may download one copy of the information contained in this
website (the "Materials") on a single computer for your personal,
non-commercial internal use only. This is a revocable license,
not a transfer of title, and is subject to the following restrictions:
you may not (a) modify the materials or use them for any commercial
purpose, or any public display, performance, sale or rental; (b)
decompile, reverse engineer, or disassemble the materials; (c)
remove any copyright, trademark registration, or other proprietary
notices from the materials; or (d) transfer the materials to another
person.
SUBMISSIONS
We appreciate hearing from our customers and welcome your comments
regarding MMS products and this website. Please be advised, however,
the MMS's company policy does not permit us to accept or consider
creative ideas, suggestions, inventions or materials other than
those which we have specifically requested. While we do value
your feedback on our service and products, please be specific
in your comments regarding our services and products and do not
submit creative ideas, inventions, suggestions or materials.
If, despite our request, you send us creative suggestions, ideas,
drawings, concepts, inventions, or other information (collectively
the "Information"), the Information shall be the property of MMS.
None of the Information shall be subject to any obligation of
confidence on the part of MMS and MMS shall not be liable for
any use of disclosure of any Information. MMS shall own exclusively
all now known or later discovered rights to the information and
shall be entitled to unrestricted use of the information for any
purpose whatsoever, commercial or otherwise, without compensation
to you or any other person who submitted the information.
DISCLAIMER
This website may contain links to sites which are not maintained
by MMS. While we try to include links only those sites which are
in good taste and safe for our visitors, we are not responsible
for the content or accuracy of those sites and cannot guarantee
that sites will not change without our knowledge. The inclusion
of a link in this website does not imply MMS's endorsement of
the site. If you decide to access linked third-party websites,
you do so at your own risk.
THE MATERIALS AND INFORMATION YOU FIND ON THE MMS WEBSITE ARE
PROVIDED "AS IS", WITHOUT WARRENTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRENTY FOR INFORMATION,
SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS
WEBSITE AND ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
This disclaimer of liability applies to any damages or injury
caused by any failure or performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer
virus, act of God, 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 MMS is not liable for your defamatory,
offensive, infringing or illegal materials or conduct or that
of third parties, and MMS reserves the right to remove such materials
from the MMS website without liability.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence,
shall MMS be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials
in this site, even if MMS or a MMS authorized representative has
been advised of the possibility of such damages. Applicable law
may not allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion
may not apply to you. In no event shall MMS's total liability
to you for all damages, losses, and causes of action (whether
in contract, tort, or otherwise) exceed the amount paid by you,
if any, for accessing this site.
TERMINATION
MMS may terminate this license at any time if, in MMS's sole discretion
and judgment you fail to comply with any term or provision of
this agreement. Upon termination, you shall destroy any materials.
CONTRACT INTERPRETATION
This Agreement shall be governed by and construed in accordance
with the laws of the Province of British Columbia, irrespective
of any applicable conflicts of law principles. If any provision
of this Agreement is ruled to be unlawful, void, or otherwise
unenforceable, then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire Agreement between
you and MMS relating to the subject of this website.
INDEMNITY
You agree to defend, indemnify, and hold harmless MMS, its officers,
directors, employees, and agents from and against any claims,
actions, or demands, including without limitation reasonable legal
and accounting fees, arising from your use of the materials or
your breach of the terms of this Agreement. MMS shall provide
notice to you promptly of any such claim, suit, or proceeding
and shall assist you, at your expense, in defending any such claim,
suit or proceeding.
DISPUTE RESOLUTION
Any dispute arising with respect to this Agreement shall be resolved
by negotiation between the parties or, if necessary, by resort
to an appropriate court located in Vancouver, British Columbia,
Canada. You expressly waive and are estopped from asserting any
right to pursue any claim against MMS relating to this Agreement
in any forum or venue located outside of Vancouver, British Columbia,
in the event of the filing of any such claim, you stipulate to
the transfer of the filing to any appropriate or available forum
or court in Vancouver, British Columbia, at MMS's sole discretion.
Once again, thank you for your interest in MMS. We hope that you
find this website interesting and enjoyable.
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