Last updated October 9th, 2009
1. Your Acceptance
2. The Website
B. The Website may contain links to third party website that are not owned or controlled by Christopher Oxner Studio. Christopher Oxner Studio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. In addition, Christopher Oxner Studio will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Christopher Oxner Studio from any and all liability arising from your use of any third-party website.
3. General Use of the Website — Permissions and Restrictions
A. You agree not to distribute in any medium any part of the Website, including but not limited to Content and User Submissions (each as defined below), without Christopher Oxner Studio’s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Christopher Oxner Studio’s technologies.
C. You agree not to access User Submissions (defined below) or Content through any technology or means other than any explicitly authorized means designated by Christopher Oxner Studio.
D. You agree not to use the Website for any commercial use, without the prior written authorization of Christopher Oxner Studio. Prohibited commercial uses include any of the following actions taken without Christopher Oxner Studio’s express approval:
1. Sale of access to the Website or Content or services on another website;
2. Use of the Website or Content or services for the purpose of gaining advertising or subscription revenue;
3. The sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or the Website’s Content;
4. Any use of the Website or its Content or services that Christopher Oxner Studio finds, in its sole discretion, to use its resources or User Submissions with the effect of competing with or displacing the market for the Website, its Content, or its User Submissions.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Christopher Oxner Studio servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Christopher Oxner Studio grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Christopher Oxner Studio reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
G. You agree not to impersonate any person or organization.
H. You agree not to harass any other user.
I. Christopher Oxner Studio reserves the right to discontinue any aspect of the Website at any time.
5. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.
A. The content on the Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, ringtones, wallpaper, music, pictures, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Christopher Oxner Studio, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, with the exception of ringtones, and wallpaper which may be downloaded only for personal use on one personal iPhone device per user. Christopher Oxner Studio reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
2. As intended through the normal functionality of the Website.
C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.
D. You may access Content, User Submissions and other content only as permitted under this Agreement. Christopher Oxner Studio reserves all rights not expressly granted in and to the Content and the Website.
E. You agree to not engage in the use, copying, reproduction, transmission, broadcast, selling, licensing, downloading, or otherwise exploiting any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
G. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Christopher Oxner Studio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Christopher Oxner Studio with respect thereto, and agree to indemnify and hold Christopher Oxner Studio, its owners, operators, affiliates, and/or licensors, harmless to the full extent allowed by law regarding all matters related to your use of the Website.
6. Your User Submissions and Conduct
A. You may submit wallpaper image content (“User Images”) and textual content (“User Comments”) and ringtone content (“Ringtones”)to Christopher Oxner Studio. User Images and User Comments and User Ringtones are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, Christopher Oxner Studio does not guarantee any confidentiality with respect to any User Submissions.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Christopher Oxner Studio all of the license rights granted herein.
E. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.
F. Christopher Oxner Studio does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Christopher Oxner Studio expressly disclaims any and all liability in connection with User Submissions. Christopher Oxner Studio does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Christopher Oxner Studio will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Christopher Oxner Studio reserves the right to remove Content and User Submissions without prior notice.
G. If you provide feedback to us regarding the Website, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
7. Termination Policy
8. Copyright Infringement
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have 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;
3. 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 information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Christopher Oxner Studio’s designated Copyright Agent to receive notifications of claimed infringement is:
Attention: Chris Oxner
Christopher Oxner Studio
500 Sherbourne Street, unit 2105
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Toronto, Ontario and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Christopher Oxner Studio may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Christopher Oxner Studio’s sole discretion.
C. Repeat Infringers. Christopher Oxner Studio will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. THE WEBSITE, CONTENT, AND USER SUBMISSIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY LAW, AND Christopher Oxner Studio, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Christopher Oxner Studio MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. Christopher Oxner Studio DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Christopher Oxner Studio WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU MUST USE YOUR OWN BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL Christopher Oxner Studio, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM RESULTING FROM YOUR ACCESS OR USE OF THE WEBSITES, CONTENT, OR USER SUBMISSIONS. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF Christopher Oxner Studio, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $25. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Website is controlled and offered by Christopher Oxner Studio from its facilities in Canada. Christopher Oxner Studio makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. Contacting Christopher Oxner Studio