TERMS AND SERVICE OF MARYANNEMOLCAN.COM

Last revision: JuLy 9, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.


The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Mary Anne Molcan (the "Website").

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.


1. INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.


2. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.


3. PAYMENT

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.


4. SALE OF GOODS AND SERVICES

We may sell goods on the Website. We undertake to be as accurate as possible with all information regarding the goods, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. Please note, due to personal monitor settings, onscreen colours may appear slightly different from the original prints.


5. SHIPPING, DELIVERY AND RETURN POLICY

SHIPPING FORMAT

MARY ANNE STUDIO ships most prints within a circular reinforced mailing tube. Prints are placed inside glassine paper before being placed into the mailing tube to further protect them during transit. Smaller prints and cards are shipped in stay flat mailers.

SHIPPING RATES

MARY ANNE STUDIO ships all parcels via Canada Post and ships for free within Canada. Destinations inside the US are shipped at a flat rate of $25 CAD unless otherwise specified in item descriptions. International destinations are shipped through Canada Post International for a flat rate of $70 CAD unless otherwise specified in item descriptions, which also includes insurance for loss or damage. Purchasers are responsible for any import taxes that may occur.

UNDELIVERABLE ITEMS

All undeliverable items will be returned to MARY ANNE STUDIO at a cost. Should this take place, we will require you to cover the return costs, as well as the cost to reship the item to you. To avoid this occurrence, please ensure that the address you provide for the print is valid and complete.

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

MaryAnne Molcan Visual Artist
email: artist@maryannestudio.com

REURN POLICY

Mary Anne Studio takes significant steps to ensure your print arrives in pristine condition. In the unlikely event that there is some damage to your print, please contact us within 7 days of your print delivery at artist@maryannestudio.com

All Mary Anne Studio print purchases are final sale.


6. ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Mary Anne Molcan.

You further agree not to use and/or access the Website:

a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

b) To violate any intellectual property rights of us or any third party;

c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

d) To perpetrate any fraud;

e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

f) To publish or distribute any obscene or defamatory material;

g) To publish or distribute any material that incites violence, hate or discrimination towards any group;

h) To unlawfully gather information about others.


7. PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.

We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.


8. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.


9. INDEMNIFICATION

You defend and indemnify Mary Anne Molcan and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.


10. SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.


11. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.


12. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.


13. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.


14. NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.


15. PRIVACY

a) Collected personal data, processed personal data and data collection

In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles:

  • Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected you will be informed that personal data is collected and why is is collected;

  • Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms and Conditions;

  • Minimization of personal data collection and processing: only personal data necessary for achieving the objectives of the website is collected;

  • Storage of personal data limited in time personal data are stored for a limited period, of which you are informed;

  • Integrity and confidentiality of collected and processed personal data: the controller undertakes to guarantee the integrity and confidentiality of collected personal data.

In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following:

  • You have given your consent to the processing of your personal data;

  • Processing is necessary for compliance with a legal obligation;

  • Processing is necessary in order to protect the vital interests of the data subject or of another natural person;

  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;

  • Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.

Our Website collects the following personal data:

Name and surname
email address
shipping and billing addresses
location

This personal data is collected when you perform one the following actions:

We collect, use and disclose Personal Information to provide you with the product you have requested and to offer you additional products we believe you may be interested in.

In addition, when you purchase a product on the Website, you will be informed that the seller will retain a proof of the transaction including the order form and the invoice.

The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of: one year, unless you ask for the deletion of your personal data before the expiry of this period.

If personal data is stored, you will be informed of the period during which you personal data will be kept, and if that period may not specified, we will inform you of the criteria used to determine it.

Collection and data processing achieve the following purpose:

In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as your name, address and payment information is provided as part of the order process.


b) Data Hosting

The Website is hosted by: Squarespace, headquartered at the following address:

311 SW Washington St, Portland, OR 97204, United States

The host may be contacted at the following: https://www.squarespace.com/contact

Personal data collected and processed by the Website are transferred to the following country(ies): United States. This transfer of personal data outside of the European Union is justified by the following reasons:

Personal data is hosted in the United States because that is where the headquarters of the hosting company is located.


16. COOKIES

a) Consent to our use of cookies

The Website may use cookies, which allow us to process statistics and information on traffic, to make your experience of the Website smoother and more interactive. Use of cookies involving personal data storage or analysis, you will be asked for your consent.

Your consent is valid for a maximum period of thirteen (13) months. After expiry of this period, the Website will ask you again for your consent to save cookies on your computer.


b) Right to object to use of cookies by the Website

You may object to the use of cookies by altering the settings of you web browser. However, any loss in functionality may not be held against us.


c) Description of cookies used by the Website

The following cookies are used when you browse our website:

We may use cookies to improve our website's functionality and in some cases to provide visitors with a customized online experience.

By using our Website, the following cookies from third parties may be saved on your computer:

Our website may contain links to other third party sites that are not governed by this privacy policy. Although we endeavour to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.

In addition, the Website embeds social networks links that allow you to share your activity on the Website. Cookies from these social networks therefore may be saved on your computer.

These websites have privacy policies and terms and conditions that may differ from these Terms and Conditions. For more information, visit the terms and conditions and these websites.


17. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Mary Anne Molcan arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Mary Anne Molcan in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.