Pamela Gillies – Regina Artist, has created these TOU to describe the terms and conditions for your access to this Web Site and the purchase of Pamela Gillies’ artwork. 

1. INTRODUCTION

Your use of this Web Site constitutes your knowledge, understanding, and acceptance of these TOU, and your agreement to be bound by these TOU. Pamela Gillies – Regina Artist reserves the right to change, edit, modify, delete, revise, or update these TOU from time to time and re-post such changes to this Web Site, and your use of this Web Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Web Site constitutes your agreement to comply with the posted TOU.

2. TRADEMARKS

The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks“) displayed on this Web Site are the registered and/or unregistered Trademarks of Pamela Gillies and its third-party licensors, business partners, or such other third party that may own the displayed Trademarks. Nothing contained on this Web Site or in these TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Web Site without the written permission of Pamela Gillies or its third-party licensors, or such third party (as applicable) that may own the displayed Trademarks.

3. WEB SITE CONTENTS AND COPYRIGHT

The text, artwork, artwork images, artwork animations and other artwork presentations, Trademarks, logos, images, graphics, photos, video files, Web Site functionality, or any other digital media, and their arrangement on this Web Site (“Content“) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites, without the express written consent of Pamela Gillies. Access to and use of this Web Site is solely for your personal use, information, education, entertainment, and enlightenment. You may download, copy or print the Content of this Web Site for your personal, non-commercial use only. No right, title or interest in any of the Content of this Web Site is transferred to you as a result of any downloading, copying, printing or use of this Web Site. Pamela Gillies reserves all other rights not expressly covered by these TOU.

4. USER COMMENTS AND OTHER SUBMISSIONS

While Pamela Gillies desires to receive feedback from its visitors, please do not send Pamela Gillies any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Submission(s)“). Pamela Gillies is under no obligation to use or compensate you for your Submissions. Pamela Gillies will not respond to you regarding your Submissions, and your Submissions will not be returned to you, and will not be treated as confidential information.

5. LICENSE TO USE SUBMISSIONS

By submitting items to this Web Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, and rights to disclose personally identifiable information, to the Submissions that you submit. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their province of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. If you make a Submission to this Web Site, you automatically grant Pamela Gillies a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Pamela Gillies to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission.

6. NO ENDORSEMENT OR LIABILITY FOR USER-GENERATED OR THIRD-PARTY CONTENT

Although third-party or user-generated Submissions may be posted on this Web Site, the posting of those Submissions does not constitute Pamela Gillies’ endorsement of those Submissions. Pamela Gillies is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.

7. THIRD-PARTY LINKS

Third-party links on this Web Site may direct you to third-party websites that are not affiliated with or controlled by Pamela Gillies that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory requirements. Pamela Gillies is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products“) made in connection with this Web Site and any third-party websites. Please review carefully the third party’s policies, practices and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.

8. COPYRIGHTS AND DIGITAL MILLENNIUM COPYRIGHT AGENTS

Pursuant to our rights under the Copyright Modernization Act of Canada (“CMAC“), we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Web Site. Our copyright agent is Pamela Gillies’ Intellectual Property Counsel. The agent can be reached at: pamgillies245@gmail.com

9. CMAC INFRINGEMENT NOTIFICATION (Notice and Notice regime)

To be effective, your infringement notification must include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
e. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
f. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in a. through f. above:
a. Pamela Gillies will remove or disable access to the content that is alleged to be infringing;
b. Pamela Gillies will forward the written notification to the alleged infringer; and
c. Pamela Gillies will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

10. CMAC INFRINGEMENT COUNTER NOTIFICATION.

Pursuant to the CMAC, after the alleged infringer receives a notice of infringement from Pamela Gillies, the alleged infringer will have the opportunity to respond to Pamela Gillies with a counter notification (“Counter Notification“). To be effective, a Counter Notification must be a written communication provided to Pamela Gillies’s designated copyright agent, and must include the following:
a. A physical or electronic signature of the subscriber;
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
c. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
d. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of Canada, any judicial district in which Pamela Gillies may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined above, the CMAC provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

11. PROHIBITED USES

In addition to other prohibitions as set forth in these TOU, you are prohibited from using the Web Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights or privacy rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Web Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape this Web Site; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Web Site, other websites, or the Internet. We reserve the right to terminate your use of the Web Site for violating any of the prohibited uses.

12. REGISTRATION, ACCOUNTS AND PASSWORDS

In order to participate in certain areas of our Web Site, you may need to register for an account. If you are required to register for an account, You agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Web Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

You are responsible for all direct or indirect damages and liable for all activity conducted on this Web Site that can be linked or traced back to your username or password.

13. WEB SITE UPDATES

Pamela Gillies undertakes no obligation to update, amend or clarify information on this Web Site, including, without limitation, pricing or product information, except as required by law. No specified update or refresh date applied on this Web Site should be taken to indicate that all information on the Web Site has been modified or updated. Please remember when reviewing information on this Web Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Web Site to become inaccurate or incomplete.

On occasion, information on this Web Site may contain errors, including, without limitation, typographical errors, inaccuracies, color reproduction inaccuracies, or omissions related to product availability, special offers, product promotions, product descriptions, or product shipping charges and transit times. Pamela Gillies reserves the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Web Site is inaccurate.

14. ARTWORK PRODUCTS AND PRICING INFORMATION

Commissioned Artwork

For commissioned artwork purchased via the Web Site, please allow up to six months for delivery. Purchasers are required to pay a non-refundable deposit of 50% of the purchase price at the time the order is placed. Additional terms for the commissioned artwork will be set forth in detail in the related commission sheet, and all commission details are final and cannot be changed or modified. You agree that ALL SALES ARE FINAL. For cancelled orders, we will issue a store credit in the amount of the deposit and other amounts that have been paid, which will be applied to future purchases. All invoice balances must be paid within fifteen days of completion of the commissioned artwork. Upon notification of completion you authorize payment of unpaid balances in the form of a charge to your credit or debit card on account with Pamela Gillies. Upon confirmation of the payment of the invoice balance, artwork will be delivered 2 to 4 weeks unless otherwise notified. For Framed/Unframed artwork, please allow an additional 4-6 weeks for delivery. 

Shipping charges will be assessed at carrier rates, and may include charges for packaging, handling and insurance. You are liable for any additional shipping charges that may be incurred due to incorrect address details. You are also responsible for any additional shipping costs associated with replacements of damaged artwork/merchandise caused by you or caused by third party contracted by you. All changes to shipping address supplied must be given in writing by the client to the gallery and confirmed back for the changes to be effective. You are responsible for all customs fees, duties, taxes and brokerage fees for all packages shipped to your country. Orders cannot be canceled, refused or returned because of customs duties, taxes or brokerage fees. Damage claims made after 5 days of delivery of the artwork or other merchandise, or returns made without using the original crating/packaging, and returns made without a valid return authorization number will not be accepted. 

Non-Commissioned Merchandise Returns

Returns are accepted within 14 days of the date the order is received by the purchaser. Merchandise returns must be in their original, unopened condition. Returned merchandise shipped after the timeframe indicated above will not be returned to sender or a refund issued.

Non Commissioned Merchandise Refunds

Refunds will be issued once confirmed that the merchandise is in the same condition as received.

NOTE: Shipping charges are non-refundable.

Shipping

Pamela Gillies – Regina Artist offers shipping within Canada and a variety of delivery options. The services available and the cost of shipping are determined by:
1. The address from which merchandise is shipped; and
2. The contents of shipment.

Most items ship within 48 hours.

Cancellations

Any unshipped orders may be cancelled.

15. RESALE OF PRODUCT

This Site sells products to end-consumers only. You shall not use the Site to purchase products for re-sale or export. Pamela Gillies reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision.

16. LIMITATIONS ON LIABILITY

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE: (1) THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE; AND (3) THAT PAMELA GILLIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PAMELA GILLIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PAMELA GILLIES, ITS AFFILIATES’, AGENTS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS WEB SITE EXCEED FIFTY ($50) DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PAMELA GILLIES’, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. DISCLAIMER

THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.”  PAMELA GILLIES MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS WEB SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE WEB SITE, AND PAMELA GILLIES MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEB SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO PAMELA GILLIES EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW; PAMELA GILLIES DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

PAMELA GILLIES RESERVES THE RIGHT TO ALTER OR REMOVE WEB SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND PAMELA GILLIES WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

18. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD PAMELA GILLIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEB SITE OR BREACH OF THESE TOU.

19. TERMINATION

The TOU will remain in effect until you notify us that you no longer wish to use the Web Site, or you cease using the Web Site. Notwithstanding anything in this TOU to the contrary, the parties understand and agree that all terms and conditions of these TOU that may require continued performance, compliance, or effect beyond the termination date of this TOU will survive termination of these TOU and will be enforceable by the parties. Pamela Gillies may also terminate these TOU at any time and may do so immediately without notice, and accordingly deny you access to this Web Site, if in Pamela Gillies’ sole discretion, you fail to comply with any term or provision of these TOU. Upon any termination of these TOU by either you or Pamela Gillies, you must promptly destroy all materials downloaded or otherwise obtained from this Web Site, as well as copies of such materials, whether made under these TOU or otherwise.

20. CHOICE OF LAW AND FORUM; CONSENT TO ELECTRONIC COMMUNICATIONS. These TOU will be governed and construed in accordance with the laws of the Province of Saskatchewan, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Web Site or TOU, you submit to exclusive personal jurisdiction and venue of the provincial and federal courts located in Regina, Saskatchewan, CANADA.

21. NOTICE

When you visit this Web Site or send e-mails to us, you are communicating with us electronically, and by doing so, You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may mail notices to: pamgillies245@gmail.com.

22. NO OTHER AGREEMENTS

By agreeing to these TOU, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction, or that you are the age of majority in your province or geopolitical jurisdiction. The provisions and conditions of these TOU constitute the entire agreement between you and Pamela Gillies related to the use of the Web Site and supersedes any prior agreements or understandings not incorporated in these TOU. These TOU are effective as of the Effective Date. Continued use of the Web Site by you after the Effective Date constitutes your acceptance of these TOU.

Should you have any questions concerning these TOU, or if you desire to contact Pamela Gillies for any reason, please email:   pamgillies245@gmail.com