1. Your Acceptance
2. The Website
B. The Website may contain links to third party website that are not owned or controlled by CHRISTOPHER OXNER. CHRISTOPHER OXNER has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. In addition, CHRISTOPHER OXNER will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CHRISTOPHER OXNER from any and all liability arising from your use of any third-party website.
3. General Use of the Website — Permissions and Restrictions
A. You agree not to distribute in any medium any part of the Website, including but not limited to Content and User Submissions (each as defined below), without CHRISTOPHER OXNER’s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to CHRISTOPHER OXNER’s technologies.
C. You agree not to access User Submissions (defined below) or Content through any technology or means other than any explicitly authorized means designated by CHRISTOPHER OXNER.
D. You agree not to use the Website for any commercial use, without the prior written authorization of CHRISTOPHER OXNER. Prohibited commercial uses include any of the following actions taken without CHRISTOPHER OXNER’s express approval:
- Sale of access to the Website or Content or services on another website;
- Use of the Website or Content or services for the purpose of gaining advertising or subscription revenue;
- The sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or the Website’s Content;
- Any use of the Website or its Content or services that CHRISTOPHER OXNER finds, in its sole discretion, to use its resources or User Submissions with the effect of competing with or displacing the market for the Website, or its Content.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the CHRISTOPHER OXNER servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, CHRISTOPHER OXNER grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. CHRISTOPHER OXNER reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
G. You agree not to impersonate any person or organization.
H. You agree not to harass any other user.
4. CHRISTOPHER OXNER reserves the right to discontinue any aspect of the Website at any time.
5. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.
A. The content on the Website, except all Client owned websites, graphics and images, including without limitation, the text, software, scripts, graphics, photos, sounds, wallpaper, music, pictures, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CHRISTOPHER OXNER, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CHRISTOPHER OXNER reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
- As intended through the normal functionality of the Website.
C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.
D. You may access Content, User Submissions and other content only as permitted under this Agreement. CHRISTOPHER OXNER reserves all rights not expressly granted in and to the Content and the Website.
E. You agree to not engage in the use, copying, reproduction, transmission, broadcast, selling, licensing, downloading, or otherwise exploiting any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
G. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that CHRISTOPHER OXNER is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CHRISTOPHER OXNER with respect thereto, and agree to indemnify and hold CHRISTOPHER OXNER, its owners, operators, affiliates, and/or licensors, harmless to the full extent allowed by law regarding all matters related to your use of the Website.
6. Termination Policy
7. Copyright Infringement
A. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CHRISTOPHER OXNER’s designated Copyright Agent to receive notifications of claimed infringement is:
Christopher Oxner Studio
22 Birch Lane
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Toronto, Ontario and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, CHRISTOPHER OXNER may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CHRISTOPHER OXNER’s sole discretion.
C. Repeat Infringers. CHRISTOPHER OXNER will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. THE WEBSITE, CONTENT, AND USER SUBMISSIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY LAW, AND CHRISTOPHER OXNER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CHRISTOPHER OXNER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. CHRISTOPHER OXNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHRISTOPHER OXNER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU MUST USE YOUR OWN BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL CHRISTOPHER OXNER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM RESULTING FROM YOUR ACCESS OR USE OF THE WEBSITES, CONTENT, OR USER SUBMISSIONS. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF CHRISTOPHER OXNER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $25. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Website is controlled and offered by CHRISTOPHER OXNER from its facilities in Canada. CHRISTOPHER OXNER makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15. Contacting CHRISTOPHER OXNER
Christopher Oxner Studio
22 Birch Lane
Last Updated: May 24th, 2018
The following privacy notice applies to WWW.CHRISTOPHEROXNER.COM operated by CHRISTOPHER OXNER. We may change or update this policy from time to time, and we will notify you of any changes by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted.
- Activity: We may ask for some personal information, including your e-mail address, for certain activities on the Website, such as client communication.
- Usage Information: We may record anonymous information about your usage, such as when and how long you use the Website. We may use clear GIFs (a.k.a. “Web Beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients.
- Content Uploaded to Site: Any digital files information or picture content that you upload will be used for the immediate purposes as instructed and will not be stored by CHRISTOPHER OXNER. You are responsible for maintaining your own backup copies of all submitted materials.
- If you submit personally identifiable information to us through the Website, we may use your personal information to operate, maintain, and provide to you the features and functionality of the Website, as well as provide special personalized features and services to you.
- We may use your email address without further consent for administrative purposes (such as for customer service purposes).
Cookies, IP Logs
- You may, of course, decline to submit personally identifiable information through the Website, in which case you can still view and explore the Website, but CHRISTOPHER OXNER. may not be able to provide certain services to you.
- You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies in the browser settings if you prefer. If you choose to decline cookies, you may not be able to sign in or use other Website features or services that depend on cookies. If you choose to accept cookies, your browser may allow you to delete cookies that you have accepted at a later date.
- We may allow third-party advertising companies and networks to serve cookies on the Website and to serve ads to you when you visit the Website. These companies and networks may use the log file information and/or information collected by cookies, Web beacons and similar technologies to provide advertisements about goods and services that they believe may be of interest to you. If you would like to prevent certain third parties from collecting and using such information (i.e., opt-out), or would like more information about these practices and to understand your choices regarding use of this information by these companies, you may visit https://www.google.com/adsense.