Terms & Conditions

Last Revised August 22, 2014

Welcome to xoftouch.ca.

Xoftouch.ca provides website features to you subject to the following conditions. If you visit or shop on xoftouch.ca (the "Web Site"), you accept these conditions. Please read them carefully.

Please review our Privacy & Security Notice, which also governs your visit to the Web Site, to understand our practices.

These Terms and Conditions supplement the Xoftouch Art Studios’ Customer Agreement, which applies to registered Xoftouch Art Studios customers. The Xoftouch Art Studios Customer Agreement may be viewed by clicking here.

If you use the Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 19, you may use xoftouch.ca only with involvement of a parent or guardian. Xoftouch Art Studios reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

THE WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE ARE PROVIDED BY XOFTOUCH ART STUDIOS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. XOFTOUCH ART SUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU TO YOU THROUGH THE WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XOFTOUCH ART STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XOFTOUCH ART SUDIOS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM XOFTOUCH ART STUDIOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XOFTOUCH ART STUDIOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. If these laws apply to you, some or all of the above disclaimer exclusions or limitations may not apply to you, and you might have additional rights. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.

The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book, artwork, or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site.

Visitors may post reviews and comments; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Xoftouch Art Studios reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, including unsolicited ideas, suggestions, new advertising campaigns, promotions, improved goods, services or technologies, product enhancements, marketing plans, new product names, or otherwise, unless we indicate otherwise, you grant Xoftouch Art Studios a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, in each case, without providing compensation to you or any other person. You grant Xoftouch Art Studios and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Xoftouch Art Studios for all claims resulting from content you supply. Xoftouch Art Studios has the right but not the obligation to monitor and edit or remove any activity or content. Xoftouch Art Studios takes no responsibility and assumes no liability for any content posted by you or any third party.

When you visit xoftouch.ca or send e-mails to us, you are communicating with us electronically. Communications sent to Xoftouch Art Studios by means of the Web Site or e-mail are not considered delivered or effective unless and until they are actually received and processed by Xoftouch Art Studios’ responsible representative. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright © Xoftouch Art Studios 2014. The Web Site and its content (including all text, graphics, logos, videos, audio clips, digital downloads, data complication, forms, images, icons, software, design, applications and other elements available on or through the Web Site) are the property of Xoftouch Art Studios or its content suppliers, and are protected by Canadian and International copyright laws. The compilation of all content on the Web Site is the exclusive property of Xoftouch Art Studios and protected by Canadian and International copyright. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. All software used on the Web Site is the property of Xoftouch Art Studios or its software suppliers and protected by Canadian and International copyright laws.

Xoftouch Art Studios, xoftouch and other xoftouch.ca graphics, logos, page headers, button icons, scripts, and service names are registered and unregistered trademarks, service marks, trade dress or trade names of Xoftouch Art Studios in Canada and/or other countries. Xoftouch Art Studios’ trademarks, service marks, trade dress and trade names may not be used in connection with any product or service that is not Xoftouch Art Studios, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Xoftouch Art Studios. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners and may or may not be affiliated with, connected to, or sponsored by, Xoftouch Art Studios. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade dress or trade names displayed on the Web Site.

Xoftouch Art Studios grants you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Xoftouch Art Studios. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Xoftouch Art Studios. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Xoftouch Art Studios without express written consent. You may not use any meta tags or any other "hidden text" utilizing Xoftouch’s name or trademarks without the express written consent of Xoftouch Art Studios. Links to the Web Site without the express written permission of Xoftouch Art Studios are strictly prohibited. To request permission to link to the Web Site, please contact us using our contact information. Any unauthorized use terminates the permission or license granted by Xoftouch Art Studios. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of xoftouch.ca so long as the link does not portray Xoftouch Art Studios, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Xoftouch Art Studios’ logo or other proprietary graphic or trademark as part of the link without express written permission.

The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from Xoftouch Art Studios, and Xoftouch Art Studios is not responsible for examining or evaluating, and we do not warrant the offering of, any of these businesses or individuals or the content of the Other Sites. Xoftouch Art Studios does not assume any responsibility or liability for the actions, product and content of all these and any other third parties links to Other Sites are provided solely for your convenience. Xoftouch Art Studios does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. You should carefully review Other Sites’ privacy statements and other conditions of use.

These Terms and Conditions and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private International law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on contracts for the International Sale Of Goods does not apply.

For all disputes relating in any way to your visit to the Web Site, these Terms and Conditions, transactions facilitated or conducted through the Web Site, items ordered or purchased through the Web Site, dealings between you and Xoftouch Art Studios, or any related matters or any legal relationship associated therewith or derived therefrom in which the aggregate total claim for relief sought on behalf of one or more parties exceed $7,500 ("Disputes"), will be adjudicated before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit to the exclusive jurisdiction and venue in those courts. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.

Xoftouch Art Studios

Box 1951 10-1500 Spring St.

Merritt, BC, Canada

V1K 1B8

Xoftouch Art Studios may, in its discretion, change, supplement, or amend these Terms and Conditions as they relate to your future use of the Web Site at any time. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.

You have expressly required that these Terms and Conditions be drafted in the English language. Vous avez expressément convenu que les conditions générales d'utilisation soient rédigées en langue anglaise.