Introduction
These terms and conditions govern your use of this Pamina Liebert-Mahrenholz website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
The works of art included on this Pamina Liebert-Mahrenholz website were all originals created by the artist Pamina Liebert-Mahrenholz. Almost all of these originals are owned by Charles Ian Markham (hereinafter referred to as “Ian Markham”). To the best of Ian Markham’s knowledge, the photographic images on this website are owned by him or were unconditionally given to him, unless otherwise disclosed.
Cookies
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to this website’s use of cookies in accordance with the terms of the website’s Privacy Policy.
License to use website
Unless otherwise stated, Ian Markham owns the intellectual property rights in the Pamina Liebert-Mahrenholz website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You have license to view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Unless you have obtained express written consent from Ian Markham, or from an individual to whom Ian Markham has granted legal authority in writing to provide such permission, you must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- use this website in any way that is or may be damaging to this website;
- use this website in any way that impacts user access to this website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website, except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use this Pamina Liebert-Mahrenholz website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Ian Markham’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Ian Markham’s express written consent.
User content
Ian Markham reserves the right to edit or remove any user content or related material (including without limitation text, images, audio material, video material and audio-visual material) submitted to the Pamina Liebert-Mahrenholz website or hosted or published on this website.
Notwithstanding Ian Markham’s rights under these terms and conditions in relation to user content or related material, Ian Markham does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This Pamina Liebert-Mahrenholz website is provided “as is” without any representations or warranties, express or implied. Ian Markham makes no representations or warranties in relation to this website, or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Ian Markham does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter, you should consult an appropriate professional.
Limitations of liability
Ian Markham and/or any delegate (defined as an individual to whom Ian Markham has granted legal authority in writing for any specified purpose described in these terms and conditions) will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Pamina Liebert-Mahrenholz website:
- for any direct loss, to the extent that the website is provided free-of-charge;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Ian Markham or any delegate has been expressly advised of the potential loss.
Exceptions
Nothing in this Pamina Liebert-Mahrenholz website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Ian Markham’s liability in respect of any:
- death or personal injury caused by Ian Markham’s negligence;
- fraud or fraudulent misrepresentation on the part of Ian Markham; or
- matter which it would be illegal or unlawful for Ian Markham to exclude or limit, or to attempt or purport to exclude or limit, Ian Markham’s liability.
Reasonableness
By using this Pamina Liebert-Mahrenholz website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties
You accept that Ian Markham has an interest in limiting the personal liability of any aforementioned delegate. You agree that you will not bring any claim personally against Ian Markham or any such delegate in respect of any losses you suffer in connection with the Pamina Liebert-Mahrenholz website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Ian Markham and any aforementioned delegate.
Unenforceable provisions
If any provision of this Pamina Liebert-Mahrenholz website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnification
You hereby indemnify Ian Markham and any aforementioned delegate and undertake to keep Ian Markham or aforementioned delegate indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ian Markham or aforementioned delegate to a third party in settlement of a claim or dispute on the advice of Ian Markham’s or aforementioned delegate’s legal advisers) incurred or suffered by Ian Markham or aforementioned delegate arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Ian Markham’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Ian Markham may take such action as Ian Markham deems appropriate to deal with the breach, including suspending your access to the Pamina Liebert-Mahrenholz website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Ian Markham may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Pamina Liebert-Mahrenholz website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Ian Markham may transfer, sub-contract, delegate or otherwise deal with Ian Markham’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Your privacy
Please read the Privacy Policy on this website.
Dispute resolution
Disputes arising under these Terms will first be attempted to be resolved through direct communication with Ian Markham. If a resolution cannot be achieved through informal discussion, then you and Ian Markham agree to submit the issue first to a non-binding mediator and then to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party located in Ontario and acceptable to both you and Ian Markham. The costs of any mediation or arbitration will be paid by the unsuccessful party. Users agree to resolve any disputes on an individual basis, and not as a plaintiff or class member in any class or representative action.
Entire agreement
These terms and conditions, together with the Privacy Policy on this website, constitute the entire agreement between you and Ian Markham in relation to your use of this Pamina Liebert-Mahrenholz website, and supersede all previous agreements in respect of your use of this website.
Governing law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the applicable laws of Canada or Ontario, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the federal courts in Canada or the courts of Ontario, as the case may be.
Effective date
These terms and conditions came into effect on February 15, 2023.
This document was created using a Contractology template.