Terms and Conditions
This is a standard list of terms and conditions governing your use of HeatherWatts.com.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Attention Overseas Customers: International Terms of Sale
Users of this site outside of the US and Canada who purchase products may be required to pay tax and/or duties upon receiving their order, depending on the laws of the country they live in. Users outside of the US and Canada are responsible for any customs fees, duties or taxes that may be levied on their order upon inportation. Please click here for more information.
Product Display and Colors
HeatherWatts.com attempts to display the colors of products sold on the site as accurately as possible in all photographs on store pages. However, due to variations in color display determined by your monitor or device, we cannot guarantee that the colors you see on your monitor or device will exactly match the colors in the products you purchase.
License to Use Website
Unless otherwise stated, HeatherWatts.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view and download or print content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You Must Not:
republish material from this website (including republication on another website); EXCEPT in case of use in social media, such as sharing on Facebook, tweeting an image or link, provided the artist name “Heather Watts” is given with the social media post;
sell, rent or sub-license material from the website;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
edit or otherwise modify any material on the website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.
HeatherWatts.com reserves the right to restrict access to areas of this website at HeatherWatts.com’s discretion.
If HeatherWatts.com provides you with a password to enable you to access restricted areas of this website or other content or services, you must ensure that the password is kept confidential.
In these terms and conditions, “your user content” means material (including text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. This clause applies only to material uploaded directly to the website such as comments posted in reply to blog posts or reviews posted for products.
You grant to HeatherWatts.com a worldwide, irrevocable, NON-EXCLUSIVE, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to HeatherWatts.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or HeatherWatts.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
HeatherWatts.com reserves the right to edit or remove any material submitted to this website, or stored on HeatherWatts.com’s servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied. HeatherWatts.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, HeatherWatts.com does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true and accurate.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
Limitations of liability
HeatherWatts.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit HeatherWatts.com’s liability in respect of any:
fraud or fraudulent misrepresentation on the part of HeatherWatts.com; or
matters which it would be illegal or unlawful for HeatherWatts.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect HeatherWatts.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as HeatherWatts.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify HeatherWatts.com and undertake to keep HeatherWatts.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HeatherWatts.com to a third party in settlement of a claim or dispute on the advice of HeatherWatts.com’s legal advisers) incurred or suffered by HeatherWatts.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to HeatherWatts.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, HeatherWatts.com may take such action as HeatherWatts.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
HeatherWatts.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Heatherwatts.com may transfer, sub-contract or otherwise deal with HeatherWatts.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the Laws of Canada, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of British Columbia.
This document was created using a Contractology template available at https://www.freenetlaw.com.
It is a modified version of a basic document provided by FreeNetLaw.com and used under a Creative Commons Attribution 2.0 license.
P.O. Box 74006, Hillcrest Park, Vancouver, BC, V5V 5C8, CANADA