MIA Gallery
 
Terms and Conditions
Terms and Conditions

Last Updated: July 1, 2008

MIA Gallery (MIA) has created and maintains www.MIAGallery.ca in order to provide information about MIA, including exhibition, collection, event and visitor information. By accessing and using this website, you acknowledge and accept the following terms and conditions. MIA may revise these terms and conditions at any time, and therefore, it is your responsibility to be in compliance with our current terms and conditions. If you do not agree to these terms of use, please do not use the website.

Currency
Items for sale are priced in Canadian Dollar. The Canadian Dollar price is the valid official selling price. Your actual cost in your own currency will vary depending on the exact exchange rate used by your financial institution at the time the credit card charge is processed. MIA Gallery will not accept responsibility for any discrepancy.

Copyright
The contents of this website, including all images, text, video and audio (hereafter referred to as "materials") are owned by the MIA Gallery or used by MIA in accordance with copyright laws and with the appropriate third party's permission.
Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print, forward and download documents, audio and video found on our website for personal, noncommercial or educational purposes only.
Any commercial form of reproduction, transmission, performance, display, creation of derivative works, publication, sale, rental, lending or storage in any retrieval system of the materials is prohibited without the consent of the MIA Gallery. Removal of any digital watermark, proprietary notices or accompanying text that may be included on or with the image is prohibited. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and materials.
Copyright, certain moral rights and other proprietary rights in certain works of art, as well as photographs of these works of art, and images of people or places, displayed on this website, may be held by individuals and/or entities other than MIA. This includes reproductions of works of art licensed to MIA by third parties, such as an artist or an artist's estate holding rights to these works.
You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or materials contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website.

Return/Exchange Policy
Exchange Only  for the full purchase price of each artwork within 30 days of either the shipping date or date of purchase (whichever is applicable).

Exchange applies to artworks that are returned in resalable condition and are received for exchange  by the gallery within 30 days of the ship date
on your invoice.

Before returning any merchandise for exchange, please email us at dharris@miagallery.ca  and we will provide you with the information necessary for the exchange.

Trademark
All trademarks, service marks and trade names of MIA Gallery used herein are trademarks or registered trademarks of MIA Gallery or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify MIA Gallery trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without MIA Gallery's prior written consent. The use of MIA Gallery trademarks on any other website or network computer environment is not allowed. You may not use the MIA Gallery trademarks as a hotlink on or to any other website unless establishment of such a link is approved in advance.
You shall not use MIA Gallery's name or any language, pictures or symbols which could, in MIA Gallery's judgment, imply MIA Gallery's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book or other written material of whatever nature, without prior written consent.
Applicable Law

MIA Gallery. maintains this site in Ontario Canada. You agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of Ontario Canada. You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws

Inappropriate Material
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the website or the website or through Voice computer systems is expressly prohibited by these terms of use. Any such unauthorized use of our computer systems is a violation of these terms of use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Fees
For all charges for any products and services sold via the website, we will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse MIA Gallery for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the website; or (iii) bypass any measures we may use to prevent or restrict access to the website.

Force Majeure
Neither MIA Gallery nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Privacy
Your use of our website and Materials is subject to our privacy policy. Please read our privacy policy page.

Disclaimer
Your use of and browsing of this website are at your own risk. EVERYTHING ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MIA GALLERY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. MIA GALLERY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIA GALLERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT MIA GALLERY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Indemnification
You agree to defend, indemnify and hold MIA Gallery and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users.

Limitation of Liability
THE MIA GALLERY DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT SHALL MIA GALLERY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF MIA GALLERY OR A MIA GALLERY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MIA GALLERY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR FOR THE PURCHASE OF YOUR ITEM(S).

Links
The MIA Gallery's website may contain links to websites operated by parties other than the MIA Gallery. Such links are provided for your reference only. The MIA Gallery does not control such websites and is not responsible for their contents. The MIA Gallery's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Termination
You or we may suspend your use of this website at any time, for any reason or for no reason. We may also block your access to our website in the event that (a) you breach these terms of use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.


Contact information:

For questions regarding our terms of use, please contact:
Information Manager
MIA Gallery
207 Queen’s Quay West
Toronto, M5J 1A7
Canada
info@MIAGallery.ca 
 

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