Terms & Conditions
|Welcome to Kitchimanitou.com. By purchasing and using the products and services of Kitchi Manitou Artworks on Kitchimanitou.com, you agree to the following Terms and Conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully. The website is owned and operated by JLDA Design Inc.
Limited License Agreement - Copyright
All products and services provided by Kitchi Manitou Artworks are protected by Canadian and International Copyright Laws as all website content is our property or the property of our content suppliers. The Original Artist, Artisan, Designer and Photographer of all Artworks or Creations featured on Kitchimanitou.com website, is and continues to be, even after the sale, the owner of the copyright. The Original Artist, Artisan, Designer and Photographer is known as the Licensor. The Licensor grants through Kitchimanitou.com to you, the purchaser of the products and services, the Licensee, a license to use the Instruments of Service as artworks for decoration purpose only in your home or office.
The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.
Any duplication, reuse, sale, or publication, in whole or in part, or derivative use of any artworks, or any other document or Instrument of Service, beyond what is stated in your original purchase agreement, will subject you to a claim for willful infringement of the copyright laws and statutory damages, plus attorneys' fees.
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.
Discount on multiple artworks purchase is effective only when done simultaneously on a single order appearing on the same invoice. No combined purchase made on more than one invoice can benefit from this discount policy.
Limitation of Liability
In the event any liability is imposed on Kitchimanitou.com, Kitchimanitou.com's liability to you or any third party is limited to an amount not to exceed the price paid for Kitchimanitou.com's product. You agree to limit the Artist, Artisan, Designer, Photographer and Kitchimanitou.com's liability to the Client to the amount paid for the artworks to Kitchimanitou.com. Kitchimanitou.com is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services received from Kitchimanitou.com even if Kitchimanitou.com has been advised of the possibility of such damage.
Your may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Third Party Rights
These terms are for the benefit of Kitchimanitou.com and the Original Artist, Artisan, Designer and Photographer, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the right to assert and enforce these Terms directly against you on their own behalf.
This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understanding or agreements, whether oral or written, and may not be amended except in writing and signed by both parties.
Due to the very large number of artworks and price options for those artworks offered by Kitchimanitou.com, data entry and other errors inevitably may occur in the text and pricing shown on this website. Consequently, please be advised that Kitchimanitou.com reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by Kitchimanitou.com. Kitchimanitou.com is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services or any artworks received from Kitchimanitou.com even if Kitchimanitou.com has been advised of the possibility of such damage. It is the customer's responsibility to ensure the accuracy, compliance, and fitness of purpose of any artworks received from Kitchimanitou.com prior to use thereof. In the event any liability is imposed on Kitchimanitou.com, Kitchimanitou.com's liability to you or any third party shall not exceed the price paid for Kitchimanitou.com's product.
All artworks listed on this site are protected by Canadian copyright laws. Unauthorized reproduction, sale, or transfer of images contained on this site or any other work produced herein is a violation of these laws.
All content, graphics, and other data stored on this website not expressly stated as being from another source is copyrighted: Copyright © 2016 JLDA Design Inc. ("the owner"). The content of this website may not be reproduced in any form without the express written permission from the owner. It may not be sold for profit or included in any type of archive (commercial or private) without the consent of the owner. Failure to abide by these rules may result in legal action by the owner.