Terms
of Use for Bramante.com Web Site
Site Usage
Agreement
By
using this site and/or downloading any material, you agree to
be bound by this Agreement.
This agreement applies to you, and if you are using this web
site on your employer's behalf, to you and your employer. Bramante
Studio reserves the right to change this Agreement from time
to time at its sole discretion, and your use of the site will
be subject to the most current version posted on the site at
the time of your use. If you do not wish to be bound by this
Agreement, do not accept this Agreement and do not use this
site or download or use any Images.
Permitted
Use of this Site
This site is owned and operated by Bramante Studio. All images
and related informational materials in any medium furnished
by Bramante Studio hereunder, including related text, captions,
or information (collectively referred to as "Images")
are owned by Bramante Studio. All Images are protected by Canadian,
US and international copyright laws.
Bramante Studio allows you to search for, view, and use Images
only as a shopping information resource. You may not remove
any material, copyright or other proprietary notices contained
in the Images, caption information, or any other material on
this site. All rights not specifically granted under this Agreement
are reserved to Bramante Studio.
Additionally,
you may not employ software to "crawl" or search our
web site and/or retrieve Images or related information. Your
use of this site and any Images shall comply with all applicable
law. Bramante Studio may restrict or remove your access to this
site at any time, or restrict or remove the use of any Image
for any reason, and may replace the Image with another Image,
and you agree to immediately discontinue all use of Images.
Despite
our efforts to provide accurate information, this site may contain
technical or other mistakes, inaccuracies or typographical errors.
Your
Use of Images
"Images" include without limitation all digital images
and any related textual information (including captions and
credits).
Unauthorized Use
Without limitation, Images may not be used as a trademark or
service mark, or for any pornographic use, unlawful purpose
or use, or to defame any person, or to violate any person's
right of privacy or publicity, or to infringe upon any copyright,
trade name, trademark, or service mark of any person/entity.
Unauthorized use of these Images constitutes copyright infringement
and shall entitle Bramante Studio to exercise all rights and
remedies under applicable copyright law, including an injunction
preventing further use and monetary damages against all users
and beneficiaries of the use of such Images. The foregoing is
not a limiting statement of Bramante Studio' rights or remedies
in connection with any unauthorized use.
Bramante
Studio Trademarks
You may not use the trademarks or service marks of Bramante
Studio without Bramante Studio' prior written consent. Bramante
Studio and the Bramante Studio logo are registered trademarks
of the Bramante Studio Corporation.
Disclaimers
BRAMANTE STUDIO PROVIDES YOU WITH ITS SITE AND IMAGES ON AN
"AS IS" BASIS. BRAMANTE STUDIO MAKES NO WARRANTY,
EXPRESS OR IMPLIED REGARDING ANY IMAGES, ITS SITE, THE ACCURACY
OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT
THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR
LIMITED, NEITHER BRAMANTE STUDIO NOR ANY BRAMANTE STUDIO AFFILIATE
SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH
IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES,
WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY
LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE,
OR OTHERWISE. IN NO EVENT SHALL BRAMANTE STUDIO' OR ITS AFFILIATES'
LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED
THE GREATER OF (I) THE AMOUNT INVOICED AND PAID BY YOU FOR THE
USE OF THAT IMAGE, OR (2) $500.
Choice
of Law / Jurisdiction / Attorneys' Fees
Any dispute regarding this Agreement shall be governed by the
laws of the Province of Ontario and applicable Canadian Federal
law. The parties agree to accept the exclusive jurisdiction
of the province and federal courts located in Ontario, Canada.
The parties hereto confirm that it is their wish that this Agreement
as well as any other documents relating hereto, including notices,
has been and shall be written in the English language (Les parties
aux presentes confirment leur volonte que cette le convention
de meme que tous les documents y compris y tout avis qui s'y
rattache soient rediges en langue anglaise). In any dispute
between Bramante Studio and you, Bramante Studio shall be entitled
to recover its reasonable attorneys' fees, legal expert fees,
and other legal expenses from you.
No
Waiver / Severability
No action of Bramante Studio, other than an express written
Waiver or Amendment, may be construed as a waiver or amendment
of this Site Usage Agreement. Should any clause of this Agreement
be found unenforceable, wherever possible this will not affect
any other clause and each will remain in full force and effect.
Miscellaneous
You acknowledge that you have read this Agreement and understand
it, and agree to be bound by all its terms and conditions. This
document constitutes the entire agreement between the parties
with respect to the subject matter hereof and merges all prior
and contemporaneous communications. This Agreement shall not
be modified except by a written agreement signed by duly authorized
representatives of Bramante Studio, provided that no purchase
order or similar document issued by you shall modify this Agreement
even if signed by Bramante Studio. If any provision of this
Agreement is found invalid or unenforceable, the remainder of
this Agreement shall remain valid and enforceable according
to its terms. The parties intend that the provisions of this
Agreement be enforced to the fullest extent permitted by applicable
law. Accordingly, the parties agree that if any provisions are
deemed not enforceable, they shall be deemed modified to the
extent necessary to make them enforceable and in such manner
as comes closest to the intentions of the parties to this Agreement
as is possible. This Agreement will inure to the benefit of
and be binding upon the parties, their successors and assigns,
except that you may not assign or transfer this Agreement without
Bramante Studio' prior written consent.