Terms

The following describes the terms (the “Terms” that govern your use of the ARTBOMB Site, and the services and goods provided through the ARTBOMB Site). Your use of the ARTBOMB Site constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the ARTBOMB Site.

1. Use of the ARTBOMB Site

   1. Content

      The information and materials contained at the ARTBOMB Site, including the text, images, arrangement and general design (collectively, the “Content”) are owned or licensed by ARTBOMB, the respective artist or the artist’s heirs. You are authorized to view or download a single copy of the Content solely for your personal, educational, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorization of ARTBOMB or the copyright owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted.

   2. Prohibited Use

      You may not use the ARTBOMB Site in any manner which is contrary to applicable local, provincial, national, international and foreign laws or regulations governing your use of the ARTBOMB Site. It is solely your responsibility to determine whether your use
      of the ARTBOMB Site is lawful. You may not use the ARTBOMB Site in any manner which could damage, disable, overburden or impair the ARTBOMB Site or interfere with any other party’s use and enjoyment of the ARTBOMB Site.

   3. Modification

      ARTBOMB reserves the right to change or modify the terms, conditions, and notices under which you may use ARTBOMB Site. ARTBOMB will post all changes or modifications to these Terms on ARTBOMB Site. Each use of ARTBOMB Site will constitute your acceptance of the Terms posted on ARTBOMB Site at that time.

2. Your Information

   ARTBOMB is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.

   When you make a purchase we will ask you to provide only the personally identifiable information necessary to complete the transaction including your name, billing and shipping addresses, telephone number, and credit card number. We also require your
   e-mail address so you can receive order and shipping confirmation e-mails and so we can communicate with you if there is any
   follow-up required in processing your order.

3. Shipping

   Shipping is available to most destinations within Canada, the U.S. and major International locations. Works purchased Monday-Thursday in any week will be shipped on Friday of the same week, and works purchased on Friday will be shipped on Monday the following week.

   All works will be shipped via Federal Express.

4. Payment

   ARTBOMB uses PayPal to process payments. Either a PayPal account number or a major credit (Visa, MasterCard, American Express) will be accepted.

   Purchase prices do not include shipping costs, customs, brokerage, and applicable taxes (including H.S.T.). These will be added to the purchase price.

5. Indemnity

   You agree to indemnify, defend and hold harmless ARTBOMB and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the ARTBOMB Site by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.

6. Links

   Links to external web sites (the “Linked Sites”)are provided only as a convenience and do not constitute an endorsement by ARTBOMB of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between ARTBOMB and the Linked Sites. ARTBOMB is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.

7. Miscellaneous

   1. Survival

      The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms.

   2. Severability

      If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

   3. Termination

      These Terms will automatically terminate if you are in breach of any of the provisions contained herein. ARTBOMB reserves the right, in its sole discretion, to suspend or terminate your access to the ARTBOMB Site and the related services or any portion thereof at any time, without notice. Upon any such termination you may no longer access and/or use the ARTBOMB Site.

      ARTBOMB may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the ARTBOMB Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

      If these Terms or your permission to use the ARTBOMB Site is terminated by you or the ARTBOMB for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the ARTBOMB Site and your purchases of goods and services through the ARTBOMB Site and anything connected with, relating to or arising from those matters.

   4. Governing Law and Jurisdiction

      These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, located in the city of Toronto for any legal proceeding arising out of or relating to your use of the ARTBOMB Site.

Last modified November 13, 2011.