This Website is owned and operated by Art For Humans. The Terms of Use outline the rules of Art For Humans regarding the use of the Website and relationship with you, the user, and constitutes a legal agreement, so please read them carefully.

1. The Website
2. Our Services
3. Art Donors
4. Charities
5. Buyers
6. Fees
7. Rights of Use for Content, Information, Software and Documentation
8. Intellectual Property
9. Your Responsibilities as a User
10. Hyperlinks
11. Data Privacy Protection
12. Registration, Password, Purchases
13. Liability for Defect of Title or Quality
14. Other Liability, Indemnification, Viruses – LIMITATION OF LIABILITY
15. Supplementary Agreements, Place of Jurisdiction, Applicable Law

1. The Website

1.1 This Website ("Website") is operated and provided by Art For Humans and/or its affiliates and licensees in Canada. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, as any use of this Website, including browsing or use of its services offered on this Website, is subject to the legal terms and conditions outlined below (the “Terms of Use”). These Terms of Use may be amended, modified or replaced by other terms and conditions without prior notice. With log-in, or where a log-in is not required, in accessing or using the Website, these Terms of Use are accepted in their then current version, and you agree to follow and be bound by them.

2. Our Services

2.1 The Website contains specific information relating to our services. Such information is available for users to view. All transactions facilitated through the Website shall be completed in accordance with these Terms of Use and all instructions, terms and conditions provided on the Website from time to time.

2.2 The Website may not operate or be unavailable in full or in part at any time. Due to the nature of the internet and computer systems, Art For Humans cannot accept any liability related to the continuous availability of the Website. Art For Humans is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

2.3 Art For Humans reserves the right to change or discontinue, temporarily or permanently, the Website and any products and services available on the Website, including but not limited to revising or deleting features or other information without prior notice to you.

2.4 Art For Humans does not provide any representation, warranty, guarantee, or covenant with respect to any services or products that may be offered on the Website. All content on the Website is for informational purposes only and is to be relied upon you at your own risk. By using and viewing the Website, you expressly agree that Art For Humans is not providing any representation, warranty, guarantee, or covenant with respect to any services or products that may be offered on the Website.

3. Art Donors

3.1 For the purposes of these Terms of Use and the Website, a “Donor” means a donor that has agreed to gift artwork which is owned by the Donor and may be transferred without limitations or conditions to a Charity registered on the Website. Each Donor is also a user of the Website for the purposes of these Terms of Use.

3.2 Each Donor agrees to gift artwork to a Charity registered on the Website for the purposes of enabling the Charity to sell the artwork for a cash payment. Upon acceptance of the gift of artwork, the Donor and Charity shall confirm whether the gift is a partial gift (50%) of the value of the artwork or a complete gift (100%) of the value of the artwork. Where a gift is a partial gift of artwork, the Donor irrevocably appoints the Charity as the Donor’s agent in respect of the sale of the Donor’s interest in artwork. Where a Donor gifts a partial interest in artwork, the Website shall notify the Buyer that the Charity and Donor are each selling their respective interests in the artwork.

3.3 A Donor may not rescind a gift unless the Charity who was the recipient of the gift agrees. Each Donor acknowledges and agrees that it will not receive a charitable receipt in respect of such gift of artwork until and unless the artwork is sold by the Charity pursuant to the terms of these Terms of Use and the Website.

3.4 Donor grants Art for Humans a license to use, re-create, and distribute images and copies of the Donor’s artwork for the purposes of marketing and promoting the artwork for sale on the Website. The Donor represents and warrants that it is the sole owner of the artwork gifted to any charity registered on the Website free and clear of all liens and encumbrances and such artwork does not infringe on the rights of any third parties, including without limitation trademarks, copyrights, trade secrets, rights of publicity or moral rights. The Donor acknowledges and agrees that all content posted, uploaded, transmitted, or otherwise distributed is only done with authorization by the Donor and that Art for Humans shall have no liability for any such content. If Art for Humans receives any notice of alleged intellectual property infringement in connection the any artwork provided by the Donor, Art for Humans may, without advance notice to the Donor, disable all access to the allegedly infringing content and may at its sole option terminate the Donor’s use of the Website or any posting of the artwork. In addition, the Donor shall be responsible for ensuring that the contents of artwork which the Donor has contributed or approved are not in contravention of legislation, decency, marketing rules or any other third-party rights. Art for Humans shall be entitled to reject and delete such material without incurring any liability.

3.5 Each Donor hereby releases and discharges Art for Humans for any and all liability relating to artwork purchased on the Website or the services provided by Art for Humans.

4. Charities

4.1 For the purposes of these Terms of Use and the Website, a “Charity” means a registered charity under the Income Tax Act of Canada that has agreed to accept gifts of artwork from Donors and to sell the same on the Website. Each Charity is also a user of the Website for the purposes of these Terms of Use.

4.2 Each Charity agrees to accept gifts of artwork from Donors. Such gifted artwork shall be displayed and promoted on the Website for sale to third-party buyers. Upon the sale of the artwork and receipt of payment in respect of such sale, the Charity agrees to issue a tax receipt to the Donor of such artwork. The Charity hereby irrevocably directs the Buyer of any artwork from the Charity to make the funds payable in respect of such purchase to Art for Humans or as Art for Humans may otherwise direct. The Charity hereby acknowledges and agrees that Art For Humans may deduct the transaction fees owing to Art for Humans in accordance with Section 6 of these Terms of Use and the balance will be paid to the Charity on a weekly or monthly basis.

4.3 Each Charity represents and warrants that it is a registered charity under the Income Tax Act of Canada, in good standing with all applicable laws, its charitable status has not been revoked and/or such Charity has not received any notice from the Canada Revenue Agency or any other government authority that its charitable status is revoked or is subject to review or audit that may result in its charitable status being revoked. The representations and warranties contained in this section shall not merge and shall remain true while a Charity is using the Website.

5. Buyers

5.1 For the purposes of these Terms of Use and the Website, a “Buyer” means a buyer of artwork offered for sale by a Charity on the Website. Each Buyer is also a user of the Website for the purposes of these Terms of Use.

5.2 Each Buyer agrees to purchase artwork in accordance with these Terms of Use and the instructions, terms and conditions provided on the Website from time to time.

5.3 Each Buyer agrees to accept the artwork “as is” and understands that the artwork is described to the best abilities of the Donor but may not reflect the Buyer’s impression of the artwork as displayed on the Website.

5.4 Each Buyer hereby releases and discharges the Donor, Charity and Art for Humans for any and all liability relating to artwork purchased on the Website or the services provided by Art for Humans.

5.5 Each Buyer hereby warrants that he or she is reasonably knowledgeable and informed about the artwork.

5.6 Each Buyer hereby warrants that he or she is acting independently from the Donor. More specifically the Buyer warrants that he or she is acting at arm's length from the Donor: they do not control or influence each other and have no connection that might cause one to treat the other in any special way, such as marriage or other family relationship.

6. Fees and other Charges

6.1 Art for Humans shall charge a transaction fee which shall be set by Art For Humans from time to time and deduct from the purchase price paid by a purchaser of artwork from a Charity such transaction fees. Transaction fees are listed below:
- For a complete gift: Artist 0% - Charity 12%
- For a partial gift: Artist 6% - Charity 6%

6.2 All sales of artwork are final.

6.3 All fees are payable to Art for Humans even if the transaction is completed without further support or services from Art for Humans.

6.4 The Buyer shall be responsible for all shipping, delivery and other transportation expenses. These costs shall be paid at the time the transaction is finalized.

6.5 We may rely upon third party service providers to assist with the completion of transactions, including without limitation, the processing of payments, the transfer of funds, and the shipping and delivery of artwork. The terms of use of any third party service provider shall apply in respect of such services and all users must comply with the third party service provider’s terms of use and conditions.

6.6 All payments shall be quoted in and remitted in Canadian Dollars.

7. Rights of Use for Content, Information, Software and Documentation

7.1 The use of any Content (as defined below), information, software, documentation or otherwise made available on or via the Website is subject to these Terms of Use.

7.2 Art For Humans grants you a non-exclusive and non-transferable license, which may not be sublicensed, to use the Content, information, software and documentation made available to you on or via the Website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Art For Humans in making same available, provided that you shall use this Website for personal, non-commercial use only, and shall not remove any trademark, copyright or otherwise contained on this Website. Art For Humans may revoke this license at any time and without notice, for any reason including but not limited to breach of these Terms of Use.

7.3 The Content of this Website may not be distributed by you to any third party at any time nor may it be rented or in any other way made available for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content of this Website by the press or media or through any commercial network, cable or satellite system, or creating derivative works of the Content of this Website. Unless such is allowed by mandatory law, you shall not modify the Content of this Website nor shall you disassemble, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, decompile or make available to any person or otherwise use, either directly or indirectly, the Content of this Website or any part thereof by any means whatsoever.

7.4 All Content of this Website, including without limitation all text, design, graphics, drawings, photographs, e-mails, pictures, video, code and software and all organization and presentation or such content (the “Content”) is protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. You shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the Content, software or documentation, or any copies thereof.

7.5 The copyright and trademarks with respect to some Content on this Website are owned by third parties. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Website or any information displayed on the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Art For Humans or the prior written permission from such third party that may own the trademark or copyright of information displayed on this Website.

8. Intellectual Property

8.1 Notwithstanding the particular provisions in Section 7 of these Terms of Use, information, brand names and other Content on the Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Art For Humans

8.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to you nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

8.3 Art For Humans is not an authorized retailer of any other party, and is not affiliated, connected, or sponsored, with or by any other party including the original manufacturers of products posted on our Website in any way. All products appearing on this website have been sourced from third parties and not original manufacturers or their authorized retailers.

8.4 All trademarks, logos or slogans not belonging to Art For Humans are owned by their respective owners. Any such trademarks mentioned on this website are used only to describe the products provided on the website.

9. Your Responsibilities as a User

9.1 In accessing or using the Website you shall not:
● harm other persons, in particular minors, or infringe their personal rights;
● breach public morality in its manner of use;
● violate any intellectual property right or any other proprietary right;
● upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
● transmit, store or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
● distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and you shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

9.2 Art For Humans may deny access to the Website at any time, in particular if you breach any obligation arising from these Terms of Use.

9.3 This Website is not intended to be used by children under the age of 18, or the age of majority in your jurisdiction. You acknowledge and represent that you are an individual who is at least 18 years of age, or at least the age of majority in your jurisdiction.

10. Hyperlinks

10.1 The Website may contain hyperlinks to the web pages of third parties. Art For Humans shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Art For Humans does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at your sole risk.

10.2 Art For Humans assumes no responsibility for the actions of third parties who provide services to users of this Website through their own third party Websites.

11. Data Privacy Protection

11.1 For collection, use and processing of personally identifiable data of the user of the Website, Art For Humans shall comply with applicable laws on data privacy protection and Art For Humans Privacy Policy which is available on this Website.

11.2 You have read the Privacy Policy, the terms of which appear on the Website and are incorporated into these Terms of Use, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Art For Humans and/or third parties in accordance with the terms of and for the purposes set forth in the Privacy Policy.

12. Registration, Password, Purchases

12.1 Some pages of the Website may be password protected. In the interest of safety and security of any sale or any other transactions, only registered users may access these pages of the Website. Art For Humans reserves the right to deny registration to any user. Art For Humans particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Art For Humans is entitled, at any time and without obligation to give reasons, to deny you the right to access the password-protected area by blocking your User Data (as defined below), in particular if you:
● Use false data for the purpose of registration;
● Violate these Terms of Use or neglect your duty of care with regard to User Data; or
● Violate any applicable laws in the access to or use of the Website.

12.2 Following termination of a user account, Art For Humans will remove all User Data and other stored personally identifiable data of the user, with the exception of certain information and data that may be retained for commercial expediency and account management purposes, or as may be required by applicable laws, regulations, and policies.

12.3 When you register with the Website, you shall give accurate information and, where such information changes over time, update such information (to the extent possible, online) without undue delay. You shall ensure that your e-mail address, as supplied to Art For Humans, is current at all times and an address at which you can be contacted.

12.4 Upon registration you will create a password, which together with your e-mail address, will comprise your "User Data". You shall keep your password confidential, and ensure it remains known only to you. The User Data allows you to view or change your User Data.

12.5 You shall ensure that User Data is not accessible by third parties and you are liable for all transactions and other activities carried out under your User Data. At the end of each online session, you shall log off from the password protected Website. If and to the extent you become aware that third parties are misusing your User Data you shall notify Art For Humans thereof without undue delay in writing, or, as the case may be, by e-mail.

12.6 After receipt of the notice under paragraph 8.5, Art For Humans will deny access to the password-protected area under such User Data. Your access to the Website will only be possible again upon your application to Art For Humans or upon new registration.

12.7 At any time you may request termination of your registration with the Website in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event, Art For Humans will remove your User Data and other stored personally identifiable data related to you as soon as the data is no longer required.

12.8 You must pay for all charges noted on this Website as payable by you, including without limitation, any sales or other taxes applicable to any product or service in your jurisdiction. In the event that sales tax or other amounts specific to your jurisdiction are applicable, you agree that unless such amounts are collected by Art For Humans (and we shall not be obligated to do so) you shall be liable to pay directly to the appropriate authority all such amounts and this includes all duties, brokerage fees, taxes or other charges of any nature. All prices listed on this Website are in Canadian dollars and all charges will be processed in Canadian dollars. Art For Humans may, in its sole discretion, increase, decrease or otherwise vary the pricing structure for any items offered on its Website without notice.

12.9 All payments must be made in accordance with the directives and policies of Art For Humans, which may be changed without notice from time to time.

12.10 In order to protect you and Art For Humans from fraudulent transactions, Art For Humans may provide your transaction-related information to a reputable third party organization to perform address verification. This address verification is intended to ensure that the ‘bill to’ address that you provided matches your credit card address.

13. Liability for Defects of Title or Quality

13.1 This Website, its Content, the artwork and the services available on this Website are provided on an “as is” and “as available” basis. Art For Humans expressly disclaims any conditions, representations and warranties, express or implied or statutory of any kind with respect to this Website, its uses and the products and services offered on this Website, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy and freedom from computer viruses and other harmful content.

13.2 Insofar as any Content, information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

14. Other Liability, Indemnification, Viruses – LIMITATION OF LIABILITY

14.1 In no event shall Art For Humans, its affiliates, officers, directors, employees, agents, representatives, suppliers, content or service providers, or successors or assigns be liable, whether in contract, warranty, tort (including negligence- whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for damages of any kind (including, without limitation, direct, indirect, compensatory, special, exemplary, incidental, punitive or consequential damages) even if made aware of the possibility of such damages, arising out of or in connection with the use or inability to use, or results of use of, or performance of the Website, its Content, information or materials contained on the Website and/or any products or services available on the Website. If you are dissatisfied with this Website and the content thereon, or any products or services available or purchased through the Website, your sole and exclusive remedy is to discontinue use of this Website.

14.2 You agree to indemnify, defend and hold harmless Art For Humans and its officers, directors, affiliates, employees, partners, agents, consultants, representatives and third party service providers from any and all claims, causes of action or demand, and liabilities, including but not limited to legal, accounting and other professional fees, incurred as a result of any violation of these Terms of Use, your use of the Website and any activity related to your account with Art For Humans, including negligent or wrongful conduct, by you or any other person accessing the Website using your account or your User Data.

14.3 Although Art For Humans makes every endeavor to keep the Website free from viruses, Art For Humans cannot make any guarantee that it is virus-free. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any Content, information, software or documentation. Art For Humans assumes no responsibility, and shall not be liable for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this Website or your downloading of any materials, data, text, images, video or audio from this Website.

15. Supplementary Agreements, Place of Jurisdiction, Applicable Law

15.1 Any supplementary agreement requires the written form, and must be written by Art For Humans

15.2 A Charity or Donor may terminate this Agreement by ceasing to use the Website at any time, provided that the obligations of the parties related to confidentiality, indemnity, release and limitation of liability contained in Sections 3.5, 5.4 and Articles 7, 8, 10, 11, 12, 13 and 14, and any obligations in respect of any transaction that has been agreed to but not completed shall survive termination.
Existing images from the Donor, Charity, or artworks provided to Art For Humans and used for the purposes of marketing and promotion of the Website will survive even after a party ceases to use the Website.

15.3 The place of jurisdiction shall be London, Ontario, Canada.

15.4 The individual pages of the Website are operated and administered by Art For Humans and/or its affiliates. The pages comply with the law applicable in Canada. Art For Humans makes no representation that Content, information, software and/or documentation on the Website are appropriate or available for viewing or downloading at locations outside such country. If you access the Website from outside such country, you are exclusively responsible for compliance with all applicable local laws. Access to the Website's information, software and/or documentation from countries where such content is unlawful is prohibited.

15.5 These Terms of Use as well as the use of this Website, including any order or purchase made through this Website, shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with, the laws of Ontario and the laws of Canada applicable herein, to the exclusion of its conflict of laws rules. By using this Website, you consent and submit to the exclusive jurisdiction of any court located within the City of London, Province of Ontario, Canada. All legal proceedings or disputes arising out of these Terms of Use and your use of this Website shall be resolved exclusively in a court in London, Ontario, Canada within one year of the time in which the events allegedly giving rise to such claim began, or your claim will be forever waived and barred. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

15.6 If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms, and shall not affect the validity or enforceability of any remaining provisions. These Terms of Use, as updated and revised from time to time, together with the Privacy Policy, is the entire agreement between you and Art For Humans relating to the subject matter herein.

15.7 Art For Humans may assign its rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

15.8 Art For Humans strongly encourages each Charity, Donor, Buyer and other user of the Website to consult with their independent legal and accounting advisors before concluding a transaction through the Website. Art For Humans and its representatives, agents, employees and advisors are not providing and will not provide legal or accounting advice to any user of the Website.

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