Privacy & Terms
Effective Date of Current Policy: July 1, 2017
We collect information you give us or permit us to access. This information may include, but is not limited to, the following:
- types of information which may be identifiable to you (collectively “Personal Information”) such as your name, username, email address, and password;
- information from Third-Party Services;
- your contact information, such as your phone number or email;
- social media information and profiles;
- your credit card information (although we use a third-party payment processor);
- billing address and shipping address, if you make purchases through the Services;
- live chats and customer service emails and phone calls;
- order history, designs, preferences and testimonials;
- survey responses;
- information about gift recipients provided by the giver.
Other information we may automatically collect includes, but is not limited to:
- the name of your internet service provider;
- the IP address of the computer you use to access our Services;
- your Device identifier and hardware information;
- the type of browser software you are using;
- the operating system you are using;
- the date and time you access our Services;
- referring website URLs;
- the website address, if any, you leave our Site and travel to;
- your home page customization preferences;
- search engine search terms and advertising clicks/actions;
- weblogs and other clickstream data;
- cookie information;
- other non-personally identifiable traffic data;
- other information about your interactions with us.
We do not knowingly collect or solicit information from children under the age of 13, in accordance with the Children's Online Privacy Protection Act (“COPPA”). Furthermore, we do not knowingly allow children under the age of 18 to use the Services or to set up an account with us.
Most of the information we collect is gathered when you search, buy, post, participate in surveys or otherwise communicate with us. If you use our Services to make a purchase, we may request certain Personal Information from you to facilitate the transaction. You may also provide us with Personal Information when you use certain Services, such as subscribing for updates from the Site or setting up an account. This may include contact information such as your name, email address, shipping address and billing address, among other information. We, or companies that provide services on our behalf, may also collect certain personal or financial information from you, such as your name, email address, shipping and billing address, company name, IP address, Device data, and payment method (including, but not limited to, your credit card number, type, expiration date or other financial information) for the purpose of supporting and processing order, authentication, and processing payments, and to enable such service providers to improve our Services. Our payment processor stores and processes your credit card or other payment information using industry-standard security measures. By making a purchase through the Services, you give us consent to use and provide your personal and financial information as we or our payment processor considers necessary to process the transaction. Our current payment processor is through Shopify Inc., which is subject to change at any time, without notice to you. If you contact us in person, by phone, email, instant message, live chat, social media, or by some other means (either through our Services or through Third-Party Services), we may keep a record of your contact information and correspondence. When we send you emails, we may track whether you open them. Some parts of our Services may be linked up with other accounts you have, such as your Facebook, Pinterest, Twitter, Instagram, or Google+ account (“Third-Party Accounts”). If you link to Third-Party Accounts from our Services, we may collect information about your use of the Third-Party Account. If you mention us through a Third-Party Account, we may collect publically available information and content related to your comment. If you link your account on the Services with a Third-Party Account, we may also collect and store publicly available information about your contacts and friends from the linked Third-Party Account. This information may include their photos, names, email addresses, birthdays, interests or other content available when you access such profiles on those Third-Party Services. We may also collect and store information if you invite other users to the Services by providing us with their Personal Information. Our Services may incorporate technology such as “pixel tags,” “web beacons,” and “cookies” that allow us to track the actions of users of our Services. Pixel tags or web beacons are tracking devices on websites or in e-mails that can monitor the behavior of the user visiting the website or sending the e-mail. Cookies are small files that web servers may place on your Devices when you visit a website.
We primarily use the information we collect and store to enhance, customize and personalize the Services and your experiences with Canvas. Except if we sell all or a portion of our business, as described below, we do not rent or sell your Personal Information to anyone.
Some ways we may use your information may include, but is not limited to, the following:
- to facilitate the sale and delivery of your purchases;
- to communicate with you about your purchase or other customer service issues;
- to respond to your comments or questions;
- to provide you with additional information or administrative messages;
- to customize your experience with us;
- to generate statistics to help us improve the customer experience;
- to make the Services easier and more convenient for you (such as by pre-populating forms when you have already provided identical information);
- to provide recommendations to you;
- to send you information and marketing materials;
- to train our team members;
- to operate, provide and improve our products and Services;
- to analyze user behavior and trends;
- for our other internal business purposes.
Third-Party Service Providers
We may share or disclose your information to third-party service providers to conduct our business and provide you with our Services. For example, a third-party service provider may handle credit card processing, shipping, data management, email distribution, market research, information analysis, order fulfillment, marketing, data analytics, customer service, website/e-shop hosting, and promotions management. These third-party service providers and other persons may also share with us information that they have independently developed or acquired. We may combine aggregate information from pixel tags, web beacons and cookies with similar data we collect from other visitors to help us improve our Services. These third-party service providers have their own privacy policies regarding the information we are required to provide to them in furtherance of our business. We recommend that you read their privacy policies so you can understand the manner in which such information will be handled by such third-party service providers.
We may provide your Personal Information to our employees, contractors, agents, service providers and designees (“Agents”) to enable them to perform certain services for us exclusively, including:
- provision of the Services;
- order fulfillment;
- payment processing;
- Site-related services such as web hosting;
- improvement of Site-related services and features;
- maintenance services;
- distribution of advertisements and other marketing materials on our behalf.
Our Agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
Fraud Protection Agencies
We may work with other businesses from time to time. These affiliated businesses may sell items or provide promotions to you through the Services. We may also provide services or sell products jointly with the affiliated businesses. We will notify you when an affiliated business is associated with your transaction, and we will only share Personal Information with them that is related to your transaction or otherwise necessary.
We may choose to transfer all or part of our business assets in a sale or merger. If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
When you make a purchase from the Services, you will automatically be subscribed to our mailing list. You may also sign up for our mailing list on the Services. If you no longer wish to receive email or other communications from us, you can select the unsubscribe provision in our communications. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through the Services or to respond to your specific requests. We will honor your request to unsubscribe within ten (10) days. Due to production schedules, you may receive communications already in production.
The Help feature on most browsers will tell you how to disable some collection tools. If you disable certain collection tools, such as cookies, pixel tags or web beacons, you may not have access to many features and some of our Services and features may not function properly. However, you can still place product orders over the telephone by first emailing us at info@Canvasnyc.com. Note that the Site or Services may not recognize or respond to Do Not Track (DNT) headers from web browsers.
Through your account settings, you may access, and, in some cases, edit or delete certain information that you have provided to us, such as:
- name and password;
- mailing address;
- billing address;
- email address;
- credit card information.
The information you can view, update, and delete may change as the Services change. Canvas may keep information and content in our backup files and archives. If you have any questions, please contact us at firstname.lastname@example.org.
We or our third-party providers use a variety of security measures, including encryption and authentication tools, to help protect your information. All credit card information you supply is transmitted via secure servers and Secure Socket Layer (SSL) technology and stored with an AES-256 encryption. Although no method of transmission over the Internet, or method of electronic storage, is 100% secure, we follow all Payment Card Industry Data Security Standard (PCI-DSS) requirements and implement additional generally accepted industry standards. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Such requirements are managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. However, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Although we do our best to protect your privacy, like other companies, Canvas cannot guarantee 100% the security or confidentiality of the information you provide to us.
California Civil Code Section 1798.83 permits residents of the State of California to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email us at email@example.com or write us at: Canvas, Inc., 125 W 24th Street – 7th Floor, New York, NY 10011.
By using this Site, you represent that you are at least 18 years old and who can form legally binding contracts with us to use the Services
If you have any questions, complaints, or claims with respect to the Services or any of the Canvas agreements, you may email us at firstname.lastname@example.org or write us at: Canvas, Inc., 125 W 24th Street – 7th Floor, New York, NY 10011.
TERMS & CONDITIONS
Effective Date of Current Policy: July 1, 2017
If you have any questions about this or any of our other policies, please contact us at email@example.com
From time to time we will review the Terms to ensure they accurately reflect developments in the law and our business operations. We reserve the right to update and revise this policy at any time, effective upon posting. You can review the most current version of the Terms at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Any new features or tools that are added to the current Site shall also be subject to these Terms.
We only permit individuals who are at least 18 years old and who can form legally binding contracts with us to use the Services. You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. By using the Services you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria at any time. We offer the Services only for personal, noncommercial use.
Some of our Services may require you to create an account. If you create an account, you are solely responsible for any activity that occurs through your account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account at all times. Incorrect or outdated information may lead to errors or delays, for which we will not be responsible. You are solely responsible for maintaining the security of your account and account password and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your account. We are not liable for any damages or loss caused from any unauthorized account actions. We reserve the right to refuse registration or to cancel an account at any time. You can delete your account by emailing us at firstname.lastname@example.org.
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy, which is viewable here [link to return policy]. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
All orders placed through the Services are subject to Canvas's acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, we will issue you a refund. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services or on any related Site, including without limitation, pricing information, except as required by law. Prices for our products are subject to change without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services. No specified update or refresh date applied in the Services or on any related Site, should be taken to indicate that all information in the Services or on any related Site has been modified or updated. You agree that it is your responsibility to monitor changes to our Site.
All content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips, and written materials, as well as the compilation of the Services, and other materials, are the exclusive property of Canvas or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Services (collectively the “Marks”) are proprietary to Canvas, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. If you would like to request authorization to use the materials or content on the Services, please contact us at contact@Savethebarley.com.
You may not do any of the following while accessing or using the Services:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure;
- infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit false or misleading information;
- collect or track the personal information of others;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent, or attempt to bypass or circumvent, any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
- run any form of auto-responder or “spam” on the Services, or otherwise phish, pharm, pretext, spider, crawl, or scrape on the Services;
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express prior written permission by us;
- upload or transmit worms, viruses or any other type of malicious code or materials that will or may be used in any way that will affect the functionality or operation of the Site, the Services or of any related website, other websites, or the Internet; or
- otherwise take any action in violation of the Terms.
You may not use our products for any unlawful, illegal or unauthorized purpose nor may you, in the use of the Services, violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, including the laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
When you submit, distribute, transmit, or post any communications or any other material to Canvas (either through the Services; through our pages on third-party sites, such as Instagram, Twitter and Facebook. This is collectively “User Generated Content”), you grant us the unrestricted right and license to use, copy, reproduce, process, adapt, translate, modify, publish, transmit, display, and distribute your User Generated Content in any and all media formats or distribution channels. You agree that this license includes the right for Canvas to use your User Generated Content for commercial services, including but not limited to, to provide, promote, market, advertise, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your account. We may use User Generated Content without compensation of any kind to you, including if we use User Generated Content for advertising or promotional purposes.
We do not want to receive confidential, proprietary or trade secret information through the Services (excluding information related to your purchase(s)). Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and we may use that information for any purpose including, but not limited to, developing, manufacturing, and marketing products. By submitting any such information, you grant us an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free license that will survive termination of your account.
In addition to giving Canvas a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Generated Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your account.
We also reserve the right to use any of the materials you create using the Site or Services for marketing, promotions, advertising or other business purposes. We will not use your name in connection with such materials unless we first obtain your permission or otherwise are required by law to do so.
When you submit User Generated Content, you represent and warrant that
- you hold all necessary right, title, and license to such materials;
- that your submission of such materials to Canvas does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights;
- that your submission of such materials to Canvas does not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Site; and
- all User Generated Content you provide is accurate, complete, up-to-date, and not misleading.
In addition, any User Generated Content must not
- include any profanity or obscene, indecent, defamatory, or pornographic material;
- contain any unauthorized or unsolicited advertising, such as spam;
- contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
- impersonate any person or entity; or
- include anyone’s identification documents or sensitive financial information.
Canvas has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that Canvas has adopted and reasonably implemented a policy that provides for the termination of access, in appropriate circumstances, to users who are repeat copyright infringers. Canvas may, in appropriate circumstances and at its discretion, disable and/or terminate access to users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Canvas’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has 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 a description of where the material that you claim is infringing is located;
- your address, telephone number, and, if available, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Canvas’s agent for notice of claims of copyright or other intellectual property infringement can be reached via email at email@example.com or via regular mail at the following address: Canvas, Attention: Copyright Agent, 125 W 24th Street, 7th Floor, New York, NY 10011.
All content on the Services, including User Generated Content and third-party content, is the responsibility of the party that creates it. Canvas does not control or endorse any User Generated Content or third-party content, and we make no claims or representations regarding any content we do not create. We do not endorse or have any associations with third-party sites or resources that we may link to on the Services. We take no responsibility and assume no liability related to third-party content, User Generated Content, or any actions resulting from your use of any part of the Services.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Services, but we do not have an obligation to do so. You are solely responsible for the User Generated Content you post on or through the Services, its accuracy, and for the consequences of submitting and posting that User Generated Content. You should be skeptical about information provided by others, and you acknowledge that the use of any User Generated Content posted on the Services is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations constituting User Generated Content, and we specifically disclaim any liability in connection therewith.
We reserve the right to review, remove, block, or modify any content on the Services, including User Generated Content, without notice or further obligation to you.
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You further understand and agree that Canvas has no control over, and no duty to take any action regarding which users access the Services, what content you access via the Services, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of your exposure to the content.
You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to Sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
The Services are a public forum, and other users or third parties may attempt to obtain personal information about you in order to harass or injure you. By using the Services you acknowledge and agree that Canvas is not responsible for others' misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.
THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXECPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND WITHOUT REPRESENTATION, WARRANTY, OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANVAS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY CANVAS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, CANVAS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CANVAS OR ANYONE REPRESENTING CANVAS, INCLUDING CANVAS’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY SIMILAR DAMAGES REGARDLESS OF LEGAL THEORY, RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY PRODUCTS CONTENT OR PRODUCTS PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THE SERVERS OF CANVAS OR ITS THIRD-PARTY PROVIDERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CANVAS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Canvas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
We reserve the right to terminate your right to use the Services or block or prevent your access to the Services, with or without cause, and without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
Further, if in our sole judgment you breach or violate, or we suspect that you have breached or violated, any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
You agree that this Site shall be deemed a passive Site solely based in New York, USA, which does not give rise to personal jurisdiction over Canvas in jurisdictions other than New York. The laws of the State of New York will govern these Terms and the relationship between you and Canvas as if you signed these Terms in New York, without regard to New York State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect the validity and enforceability of any other remaining provisions of these Terms.
These Terms constitute the entire agreement between you and Canvas and supersede all prior or contemporaneous agreements, communications and proposals, whether electronic, oral, or written with respect to these Services (including but not limited to any prior versions of these Terms). Any rights not expressly granted herein are reserved. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
We are not liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
If you have any questions, complaints, or claims with respect to the Services or any of the Canvas agreements, you may contact us at firstname.lastname@example.org.