These terms were last updated May 25, 2018.

These Terms of Service (“Terms”) contain an important legally enforceable agreement (“Agreement”). Please read these Terms of Service carefully before accessing and using this Website or Services, which are conditioned upon your acceptance of all Terms, conditions, policies, such as our Privacy Policy and Cookies Policy, and notices referenced herein and/or available by a link, as well as any other written agreement between us and you.
Terms and Definitions
❦ “Our”, “us”, “we”, “Amy Cater” and “Dream Tree Fine Art” refer to Dream Tree Fine Art, a fine art photography and illustration company registered in Canada, and Amy Cater, as owner, operator and artist. 
❦ “Website” refers to the websites of Amy Cater and Dream Tree Fine Art, which include without limitation, amycater.com and any subdomains or connected sites we control, such as dreamtreefineart.com and any subdomains. 
❦ “Service” refers to the services we provide on or in connection with our Website, such as, but not limited to, the fine art products available for purchase and/or licensing, email newsletter subscriptions (coming soon), account creation, wishlist creation, and other online products or features. 
❦ “You” or “your” refers to you, the “user”, account member, subscriber, customer and any other accessing and using our Website and Services.
❦ “Affiliates” refers to our third party partners, subsidiaries, affiliated companies, officers, suppliers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website, Services and/or its Contents.
❦ “Image(s)” refers to art or design, such as, but not limited to photographs, illustrations, drawings, paintings, logos, digital media, and the like consisting of our branding materials, our Website design, and art available for purchase from our Website (coming soon) or licensing from our licensing agency.
❦ “Content” refers to the items noted above in "Image(s)", as well as, but not limited to, any additional original information, communications, written work, fonts, video, graphics, and other material that can be viewed on our Website and Services.
❦ “License” refers to the non-exclusive (unless otherwise stated in the contract), non-sub-licensable right we grant to you to use our Image(s) or Content when you purchase a license. “Non-exclusive right” means you do not have exclusive rights to use the Image(s) or Content, and we are able to license the same content to other customers. Additionally, copyrights are never transferred away from us at any time, regardless if you purchase a license or obtain permission. If you do not purchase a license and do not ask for permission from us and use our Image(s) or Content in any way, regardless of giving us credit or not, then you are infringing on our intellectual property rights. Please see the "Intellectual Property Rights" and "Indemnification" sections below for more information.

Terms of Use
Use of our Website, including all Content presented herein and all online Services provided by Amy Cater doing business as Dream Tree Fine Art, is subject to the following Terms of Service, and applies to any and all visitors, customers, merchants and any other users of this Website and Services, effective immediately upon use of this Website or Services. By visiting and using any part of this Website or Services and/or purchasing a product, you agree to these Terms of Service, including additional terms and policies referenced herein and/or available by hyperlink, without modification, and you acknowledge reading them.

In order to engage with us and use the Website and Services, you represent and warrant that you:

❦ Must be 18 years or older and have the power and authority to enter into these Terms of Service, agreements and contracts in order to access or use our Website and Services. See our Privacy Policy for details about the information privacy of minors;
❦ Must provide truthful, accurate, complete and current information about yourself;
❦ Are not a person or entity barred from receiving products and/or Services under the laws of Canada, The United States, or other applicable jurisdictions, such as, but not limited to, based in any country in which sanctions are imposed under the United Nations Act (UNA), the Special Economic Measures Act (SEMA), or the Justice for Victims of Corrupt Foreign Officials Act (JVCFOA), as well as individuals and/or entities identified as being associated with terrorist activities, including the following: Central African Republic, Democratic Republic of the Congo, Eritrea, Iran, Iraq, Lebanon, Libya, Myanmar, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, and Zimbabwe;
❦ Are not based in a country in which intellectual property (IP) rights, specifically copyright protection and enforcement is currently weak or lax, including, but not limited to: Algeria, Argentina, Brazil, Brunei, Chile, China, Columbia, Costa Rica, Ecuador, Egypt, India, Indonesia, Jordan, Kenya, Nigeria, Pakistan, Peru, Phillipines, Russia, Saudi Arabia, South Africa, Taiwan, Thailand, Turkey, UAE, Ukraine, Venezuela, and Vietnam;
❦ Shall not interfere with and compromise the security of or otherwise abuse the Website or any system resources, Services or networks connected to or accessible through this Website in any way, including, but not limited to, transmitting viruses and malware or any harmful or destructive code;
❦ Shall not use, reproduce, copy, sell, resell, display or distribute to the public in any manner or any other unauthorized use, any of our published or unpublished Images or Content and any portion of our Website and Services, whether watermarked or non-watermarked, for any purpose without first obtaining express written permission and/or a License(s) from us or our licensing agency; and
❦ Are responsible and liable for your use of this Website and Services, for any Content you post or submit to the Website, and for any consequences thereof, and you use this Website or Services at your own risk. 

Lawful Purpose
You may use our Website and Services for lawful purposes only. You agree to use the Website, Services and to purchase products or Services (once we open our shop) or to License an Image(s) through the Website for legitimate, non-commercial purposes only (unless you have purchased a License from our agency), and not for any illegal or unauthorized reason. You shall not use, post, perform, or transmit through the Website or Services any Content which violates or infringes our rights or the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any laws and regulations, including, but not limited to, intellectual property rights infringement or breach, in the access and use of our Website, Services, Images, Content and products.

You agree to these Terms of Service, and may access and use our Website or Services only in compliance with these Terms and all applicable local, provincial/state, national, and international laws, rules and regulations. If you do not agree to all of these Terms, you must immediately discontinue your use of this Website and Services.

Email Subscriptions (coming soon)
Subscription Creation
In order to subscribe to our email newsletters, you will need to provide your name and email address. You agree that any registration information you provide will always be accurate, complete and up-to-date. Additionally, if you sign up on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Subscription Cancellation
If you wish to discontinue your membership, you can cancel your subscription at any time, as following: 

To cancel your email newsletter subscription, click on the "Unsubscribe" link at the bottom of any subscription email we send you or the "Manage Your Preferences" link to update your information. Please note that opting out of email newsletter subscriptions will not affect emails we will send you for order confirmations and shipping notices for purchases from any of our external shops, for instance.  

We may also cancel or suspend subscription at any time and for any reason. If there has been no activity (i.e., opening or engagement with) on your subscription for 24 months or more, we have the right to delete the subscription. 

User Conduct
By agreeing to these Terms, you promise that your use of our Website and Services is subject to all applicable laws and regulations, and you are solely responsible for the substance of your conduct and communications through this Website and Services. By posting information in, or otherwise using any communication Service or other interactive Service that may be available to you on or through this Website, you agree that you will not post, upload, share, link to, or otherwise distribute or facilitate distribution of any Content, including text, Images, communications, software, information, video, audio recording, or other Content, directly or indirectly, that:

❦ Infringes or violates ours, our users, or any other person or third party’s intellectual property rights, including copyright and proprietary rights, or any privacy rights;
❦ Misleads us, our users or our affiliates, representatives, licensors and third party providers into believing you are someone other than yourself, such as by, but not limited to, providing a false email address;
❦ Uses any hateful, abusive, offensive, harassing, deceptive, discriminating, racist, sexist, derogatory, or obscene language towards others;
❦ Contains any pornographic or sexually explicit, libellous, defamatory, misrepresentative, or otherwise unlawful or immoral Content;
❦ Exploits minors;
❦ Threatens, intimidates others with, or advocates for violence, unlawful or violent acts or victimization;
❦ Promotes or depicts animal cruelty or violence towards animals;
❦ Constitutes unauthorized or unsolicited advertising, junk or bulk email, otherwise known as spamming, and any other form of unauthorized solicitation, or any form of lottery or gambling;
❦ Contain any computer or software viruses, malware, ransomware, infection, or any other computer code, files, or programs that could in any way affect the operation of our Website and Services or any related website and services; and which are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of our Website and Services, our users, or any third party partner, affiliates and licensors; 
❦ Abuses our bandwidth and causes us to throttle or block your sending or connection to our Website;
❦ Promotes any form of self-advertising or promotion of competition or unrelated third parties, unless approved by us, or any deceptive or fraudulent schemes;
❦ Violates any law, statute, or regulation; or
❦ Otherwise violates our rules or policies.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Content or comments posted, uploaded, shared, linked to, or otherwise distributed by you or any third party. We have the right at our sole discretion to remove any Content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of Content.

In addition, you may not use our Website, nor your subscription to breach security of other users’ subscriptions, or attempt to gain unauthorized access to our or a third party’s network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website and Services. Users who violate systems or network security may incur criminal or civil liability.

International Use
Although this Website and Services may be accessible worldwide, we make no representation or warranty that our Content on this Website and Services is suitable or available for use in locations outside of Canada, and accessing them from countries where any offer for any product, Service, Image, Content or information made in connection with this Website and Services is illegal or void is prohibited. You acknowledge and agree that if you choose to access our Website or Services from locations outside Canada, you do so at your own risk and are responsible for compliance with relevant laws and regulations. We are not liable if our Website or Services do not meet those requirements.

Spam Prevention
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Termination of Use
You agree that, we, in our sole discretion, have the right to refuse service, suspend or terminate your subscription and/or any other access and use to all or part of our Website and Services, or change eligibility requirements without prior notice, for any reason at any time, including, without limitation, breach or violation of these Terms of Service, including any provisions above. Any breach or violation may be grounds for terminating your relationship with us and may be referred to the appropriate law enforcement authorities. In addition, you acknowledge and agree that we will cooperate fully with our service providers and/or third party partners’ investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Upon refusal of service, termination or suspension, regardless of the reasons, your right to use this Website and Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your subscription and/or prevent any further access to this Website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any refusal of service, termination or suspension or any other actions taken by us in connection with such refusal of service, termination or suspension.

Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. To contact us, please see our “How to Contact Us” section below.

Privacy Policy
Your information and privacy is important to us. We never sell or rent your personal information, and we will not share information you provide us with anyone other than our trusted agents or third party service providers acting on our behalf, and only as required to fulfill your requests for Service, for example, in the event of a merger, acquisition, insolvency, bankruptcy or other legal proceeding.

We may view or collect information related to or from your access and use of the Website and Services in order to analyze and identify problem areas and improve the Website and Services. We use this information to find users who violate these Terms or laws, and to make our Website and Services more efficient, secure, and a better overall user experience.

Please note that third party services through which you access our Website may collect information related to your use of such third party services and make such information available to us subject to your agreement with the applicable third party service. Our collection and use of all such information shall at all times conform to these Terms of Service, our Privacy Policy, Cookies Policy, and applicable law. Please read our Privacy Policy and Cookies Policy, which are incorporated by reference into these Terms, for detailed information about how we collect, use, disclose and secure your personal information and how you may exercise your privacy rights at any time when you access and use our Website and Services.

Intellectual Property Rights
Intellectual Property Terms and Definitions
❦ “Image(s)” refers to art or design, such as, but not limited to photographs, illustrations, drawings, paintings, logos, digital media, and the like consisting of our branding materials, our Website design, and art available for purchase from our Website (coming soon) or licensing from our licensing agency.
❦ “Content” refers to the items noted above in "Image(s)", as well as, but not limited to, any additional original information, communications, written work, fonts, video, graphics, and other material that can be viewed on our Website and Services.
❦ “License” refers to the non-exclusive (unless otherwise stated in the contract), non-sub-licensable right we grant to you to use our Image(s) or Content when you purchase a license. “Non-exclusive right” means you do not have exclusive rights to use the Image(s) or Content, and we can license the same content to other customers.  Copyrights are never transferred away from us at any time, regardless if you purchase a license or obtain permission.
❦ “Reproduce” or reproduction refers to any form of copying or publication of the whole or part of any Image or Content whether by printing, web use (including blogs and social media), projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or photographer or in an artist’s illustration or photographer’s photograph, or by any other means. Reproduction further includes the copying, distortion or manipulation of the whole or part of any Image or Content (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting content may not appear to a reasonable person to be derived from the original Image(s) or Content. Please see the "Unauthorized Use" section below.

Our Intellectual Property Rights
All aspects of our Website and Services, including the Images, Content and design are protected by intellectual property (“IP”) rights, including, but not limited to, copyrights, trademarks, service marks, proprietary information and other intellectual property. By accepting these Terms of Service, you acknowledge and agree that all Images and Content presented to you on this Website and Services are protected by IP rights and laws, and are the intellectual property of and owned by Amy Cater (and Dream Tree Fine Art), the respective creator/owner as indicated or those that have given us CC permission to use their Content as indicated. Additionally on rare occasions, some of our licensees may hold exclusive rights, excluding IP rights. 

Published and unpublished rights of any Image and Content created by Amy Cater are protected and reserved under the copyright laws of Canada, International copyright laws via World Intellectual Property Organization (WIPO). You are only permitted to use the content as expressly authorized by us and our licensing agency. You agree you will not copy, duplicate, post, publish or republish in any form of media (including digital media and web, such as social media, blogs, etc.), modify, manipulate, transmit or retransmit, participate in the transfer or sale of, create derivative works from, distribute, display, save as a digital file, cache, print, reproduce in any medium, profit from, License or sub-License, in any way distribute or exploit in any format whatsoever, or export in violation of applicable export laws and regulations any of our published and unpublished Images and Content accessible through any portion of our Website, Services, our other related sites, shops, servers and systems, or through any other website, affiliate, or third party in possession of our Images or Content, legally or illegally, in whole or in part without our prior and explicit written consent and, in most cases, without purchasing a License; and to do so is forbidden and constitutes a breach of IP rights. 

Purchase of any of our Images, Content or products on or through this Website is strictly for personal use only and does not transfer ownership or any IP rights, including copyrights, over to you (see below for licensing information for various uses, personal to commercial). You are solely responsible for obtaining permission before accessing, using and/or reusing, in any manner, any of our Images and Content, whether or not they bear a copyright notice, watermark, digital watermark and/or logo on, beside, underneath or embedded in the Image or Content.

Licensing and Use
Licensing is available for each image for a wide variety of purposes, from personal to commercial use, such as for exhibitions, reproduction (including print, digital - including social media and blogs, electronic, film, video, television, etc.), and advertising or commercial use. Any Licensed use of our Images or Content by you shall be governed by the applicable Licence agreement separately entered into between you and Amy Cater via our licensing agency, Copyright Visual Arts - Canadian Artists Representation Copyright Collective (CARCC), or other agencies as noted. The terms contained in any licensing contract between you and us or our licensing agency will precede those in this Agreement. To inquire about Licensing one or more of the Images, click on the "License This Image" link in each image’s product description to email our agency directly. You may also contact us to inquire at info [at] amycater [dot] com or our licensing agency at administration [at] carcc [dot] ca

We love that you desire to share our content, provided you simply first obtain our written consent for use, such as on social media or blogs for your own personal, private and non-commercial use only; otherwise, you must first obtain licensing for all other purposes. Contact us at info [at] amycater [dot] com
Unauthorized Use and Retroactive License Fee
Any use of this Website, our Images or Content in a manner not expressly authorized by this Agreement or in breach of these Terms constitutes copyright infringement or other proprietary rights infringement, entitling Amy Cater and our Affiliates, licensing agency and some licensees to exercise all rights and remedies available to us under copyright laws around the world. All other intellectual property rights are property of their respective owners. Nothing in these Terms of Service grants you any right to use any intellectual property rights and/or the name of Amy Cater, Dream Tree Fine Art or our Affiliates. You shall be responsible for any damages resulting from any such copyright infringement or other property rights infringement, including any claims by a third party. In addition, and without prejudice to us or other remedies under this Agreement, we reserve the right to file a DMCA notice with you or your service provider and/or take legal action against you if you are caught violating our IP rights and other applicable laws that may result in criminal or civil penalties. We may charge you and you agree to pay a fee equal to five times our normal corresponding and appropriate Licensing fees for use of the Image(s) and/or Content. We also reserve the right to immediately terminate your account, subscriptions, and contracts without refund if you are caught violating our IP rights.

Your Intellectual Property Rights
We claim no ownership over the Content you display on and supply to our Website and Services to the extent that you have any legal claims therein. However, by commenting, providing feedback and/or testimonials, you grant us a worldwide, non-exclusive, perpetual, sub-licensable, royalty-free License and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), make derivative works from your Content and display your Content using the Website and Services, and archiving or preserving your Content for disputes, legal proceedings, or investigations. We need this License in order to fulfill the Services you request, and to store your Content as necessary to do so. This License does not allow us to sell your Content, and we may only use or disclose your Content, including any personal information therein, only as described in these Terms, our Privacy Policy and Cookies Policy. The above Licenses will continue unless and until you remove your Content from the Website or you contact us to remove it for you. Notwithstanding the foregoing, the License for legal archival and preservation purposes will continue indefinitely. 

Content You Submit to Us
You are responsible for your use of the Website and Services, for any Content you provide, and for any consequences thereof. You represent and warrant that by posting, sharing and transmitting of Content via, but not limited to, text, Image, video, audio recording, or other Content not owned by you or which you have no permission to submit and use will be considered a violation of the Terms, and may be a violation of federal, provincial and/or state intellectual property and/or other applicable laws. You represent and warrant that you either own all necessary rights, have permission for all necessary rights or have a proper License for all necessary rights to use all of the Content and information (including your personal information and the personal information of others) that you submit to us in the course of using our Website and Services, and grant the Licenses set forth herein; thereby representing and warranting that we will not need to obtain Licenses from or pay royalties to any third party with respect to your Content. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. You also agree to hold us harmless from and against all claims, liabilities and expenses arising out of any potential or actual intellectual property or privacy misappropriation or infringement claimed against you. Neither we or our affiliates, representatives, licensing agency and any third party provider or partner warrant or represent that your use of Content displayed on, or obtained through, this Website will not infringe the rights of third parties. Therefore, for all Content submitted by you, you automatically represent or warrant that you have the authority to use and distribute the Content, and that the use, submission and display of the Content will not violate any laws, rules, regulations or rights of third parties and complies with these Terms of Service.

We respect the intellectual property of others, and we ask you to do the same. If you believe that any Content on this Website infringes on your intellectual property, please contact us immediately in the “How to Contact Us” section below.

Liability
You agree to defend, indemnify and hold us from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website and Services.

Disclaimer of Warranties
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE AND ANY THIRD PARTY SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSING AGENCY, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUALITY OF IMAGE. WE DO NOT WARRANT THAT THIS WEBSITE OR ANY ASPECT OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE QUALITY OR NATURE OF THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY PART OF THIS WEBSITE AND SERVICES, INCLUDING THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE, SERVICES OR CONTENT ON THIS WEBSITE OR ON THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 

THE USE OF THIS WEBSITE AND SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

You acknowledge that all transactions relating to any products or Services offered by us, including, but not limited to, any of the Licensing Terms, warranties and guarantees relating to such orders, are agreed to solely between Amy Cater of Dream Tree Fine Art and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, OR OTHER CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party sites or services that you may access in the course of the use of this Website, and therefore, delays and disruption of other sites or services’ transmissions are completely beyond our control.

Limitation of Liability
You agree that under no circumstances shall we be liable to you or any third party for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your access and use or misuse of our Website, Services, Images or Content, regardless of whether we refuse service, terminate or suspend your access and use due to violation of these Terms of Service. Additionally, we are not liable for damages without limitation and in connection with (i) any failure of use, performance, error, omission, inaccuracy, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or system failure; (ii) loss of savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability, arising out of or in connection with the use of this Website, Services, Images or Content or of any website referenced or linked to from this Website. We also shall not be liable in any way for third party services offered through this Website. The foregoing applies even if we have been advised of the possibility of or could have foreseen the damages or claim. In those jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the product or Service you have purchased from us, and if no purchase has been made by you, our cumulative liability to you shall not exceed $100 Cdn.

Indemnification
In the event that you reproduce, display, transmit, distribute or otherwise exploit any unauthorized use of any part of our Website and Services, Images, or Content, or any portion thereof, without a License from Amy Cater via our licensing agency, or if you otherwise infringe any intellectual property rights relating to our Images, Content and to this Website, you agree to indemnify and hold us, our affiliates, licensing agency, representatives, including any third party mentioned on our Website, harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, proceedings, assessments, as well as third party claims and causes of action. You also agree to indemnify and hold us harmless against any and all expenses and demands, including, without limitation, legal fees and expenses that directly or indirectly arise out of or relate to: 

❦ Any breach by you of any of these Terms of Service;
❦ From any claims you make that aren’t allowed under these Terms;
❦ Any use or misuse by you of the Website, Services, Images or Content, including, without limitation, intellectual property rights theft, such as copyright infringement claims;
❦ Your content;
❦ Your violation of any laws or regulations;
❦ Third party claims that you or someone using your information did something that, if true, would violate any of these Terms;
❦ Any misrepresentations made by you; or
❦ A breach of any representations or warranties you’ve made to us. 

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall provide us with such assistance, without charge, as we may request in asserting any available defences, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

Third Party Service Providers and Links
We may provide links from our Website or Services to third party websites, services and content. Since we do not have control over third party websites, you acknowledge and agree that we are not responsible or liable for the availability, accuracy, legality, behaviour, harm or damages, copyright compliance, policies or any other aspect of the content of third party websites, content, products or services. Links to such websites or content do not imply any endorsement by or affiliation with us, or any warranty of any kind, either express or implied. Carefully read the third party’s policies and terms before using their website and services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, services or content.

We may provide you with access to third party tools over which we do not control. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for your use of optional third party tools. Any optional tools offered through this Website are entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the policies and terms on which tools are provided by the relevant third party provider(s).

In the future, we may also offer new Services and/or features through the Website. Such new features and/or Services shall also be subject to these Terms of Service.

Effect of Headings
The section headings of the paragraphs and subparagraphs used in these Terms of Service are included for convenience of reference only and shall not affect the construction or interpretation of any of its provisions.

Notices
Any notice to you will be effective when we send it to the last email you gave us or when posted on our Website. All notices, requests, demands, and other communications under these Terms shall be in writing and made either via email. Notices to us must be sent by email to the attention of the Privacy Officer at privacy [at] dreamtreefineart [dot] com or any addresses as we may later post on the Website. 

Entire Agreement, Amendments and Waiver
These Terms of Service constitute the entire agreement between you and us, pertaining to the Website and Services, and supersedes all prior and contemporaneous agreements and understandings between us, excluding Licensing agreements with our licensing agency, which require additional agreements. These Terms may not be deleted, altered, added to, or revised by the use of any other document(s), and any attempt to do so shall be null and void unless otherwise agreed to in writing and signed by you and us. In the event of any inconsistency or conflict between or associated with this Website and these Terms of Service contained herein, these Terms shall take precedence. Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action or any failure by us to enforce any provision in violation of these Terms of Service or related rights, shall not constitute a waiver or giving up of that right or provision under the Terms, and we may still take action at some point. No waiver of any of the provisions of this Agreement by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

Governing Law
Amy Cater, Dream Tree Fine Art and our Website, some Services, Images and Content are operated and controlled by us from our office within Ontario, Canada. This Website can be accessed from Canada, the US, and other countries around the world. As each of these places has laws that may differ from those of Ontario, Canada, these Terms of Service and any dispute, controversy or claim arising from or in relation to these Terms, which cannot be amicably resolved, shall be governed by, construed, interpreted and enforced in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without giving effect to conflicts of law rules and the United Nations Convention on the International Sales of Goods. You submit to the exclusive jurisdiction of the Superior Court of Justice in the Province of Ontario or the Federal Court of Canada for the purpose of all legal actions arising out of or relating to this Agreement. This Agreement will be governed by, construed, interpreted and enforced in accordance with the World Intellectual Property Organization (WIPO) (excluding the application of its conflicts of law rules). You unconditionally agree that any action relating to intellectual property infringement, including copyright infringement, and any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be Kitchener, Ontario, Canada. The language to be used in the mediation shall be English.   

If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 90 days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. Alternatively, if, before the expiration of the said period of 90 days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be Kitchener, Ontario, Canada. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Canada. 

You hereby waive any objection to such jurisdiction and venue for any mediation, arbitration or court proceeding. Additionally, any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

Legal Fees and Expenses
If we file any mediation and/or arbitration or action, claims or suit, etc., against you as a result of any breach of the above Terms set forth and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to you, then we may charge you for our costs. These fees may include attorney and administrative time spent retrieving the records, preparing documents, and participating in a deposition.

Severability
If any section, agreement, contract, or condition of these Terms of Service are invalid, illegal or unenforceable, the validity and enforceability of the remaining Terms shall in no way be affected or impaired. 

Assignments
These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sub-License by you is invalid. These Terms of Service may not be modified, altered or amended without our written agreement. We may assign our rights to any other individual or entity at our discretion.

Force Majeure
We shall not be held liable for any delays or failure in performance or timely delivery of any part of our Website and Services from any cause beyond our control. This includes, but is not limited to, acts of nature, changes to law or regulations, whether federal, provincial, municipal action, statute, or ordinance,  nor embargoes, war, terrorist acts, riots, fires or other damage to or destruction of, earthquakes, nuclear accidents, apocalypse, floods, strikes or other labour trouble, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, unauthorized users, third-party internet service providers or hosting providers, licensing agencies, which affect, in whole or in part, the products or the manufacturing facility for the products, the lack of or inability to obtain raw materials or the Image(s) or Content, labor, fuel, electrical power, water or supplies, or any other cause, which causes delays or hinders the manufacture or delivery of the products, Image(s), Content or Licenses. We shall determine in good faith the extent to which we can reasonably control a cause, contingency, or circumstance that affects the performance of our obligations.

Survivability
The following sections will persist, regardless if these Terms of Service are discontinued: Privacy Policy, Our Intellectual Property Rights, Your Intellectual Property Rights, Compliance with Laws/Lawful Purpose, Disclaimer of Warranties, Limitation of Liability, Indemnification, Entire Agreement, Governing Law, and Severability.

Changes to These Terms of Service
We reserve the sole right to make changes to these Terms of Service at any time. As such, we may change, suspend or discontinue any aspect or feature of the Website and Services, at any time with or without notice, subject to fulfilling outstanding contractual obligations to you. We will not be liable to you or any third party should we exercise such right or for any changes, suspension or discontinuance of the Website or Services. Any new features that add-to or enhance the current Services on this Website shall also be subject to these Terms of Service.

You consent to the updates by continuing to access and use the Website and Services and submitting information on or after the date of change. We will give notice on this page, effective immediately upon posting. It is your responsibility to check this page for updates periodically by referring to the “last updated” date listed at the top of these Terms. Should there be essential changes, we may notify subscribed users via email, where required, of the new Terms before changes take effect.

How to Contact Us
Except as explicitly noted on this Website, the Services available through this Website are offered by Amy Cater and Dream Tree Fine Art. If you have any questions, concerns, or if you notice any user violating these Terms, you may contact us at privacy [at] dreamtreefineart [dot] com. 

Please note that we are not responsible for any transfer of sensitive information by you over the Internet.


Credits
A small portion of this Terms of Service was created using resources from the artist’s J.D. (https://theartistsjd.com/list/website-mad-libs/), created and provided by the wonderful Kiffanie Stahle.

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