Terms of Use

Home Terms of Use

These web pages are provided by Hoselton Studio Limited, 124 Big Apple Drive, Colborne, Ontario, Canada; Mailing address P.O. Box 130, Colborne ON K0K 1S0 CAN

President: Ms Jan Hoselton

Phone: (905) 355-3933
Fax:     (905) 355-5052
Email:  jan@hoseltons.com

By accessing Hoselton web pages, all visitors agree to the following terms. Visitors who do not agree to all of the following terms must refrain from accessing the Hoselton website.

1. Acceptance

Thank you for visiting the Hoselton website (the “Website”). By accessing and browsing this website, visitors accept without limitation or qualification these Terms and Conditions and all applicable laws set out herein. Please read the Terms and Conditions carefully.
Throughout this site, “its”, “the company”, "Hoselton Studio", "Hoselton Sculpture", "Hoselton Limited" and “Hoselton” refer to Hoselton Studio Limited and to all legal entities within Hoselton Studio Limited, including by not limited to Hoselton Development Corporation.

2. Description of Services

Company is offering to persons who have Accounts the opportunity to purchase custom works of art (the "Services"). The provision of the Services is subject to these Terms, or other terms you accepted when purchasing the Services.

3. Website privacy policy

All and any material or personal information sent to the Hoselton website is subject to the Hoselton policy on privacy and protection of personal data set out in the privacy policy notice (the “Privacy Policy”).

4. Disclaimers

You understand and agree that:

(a)             Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an "as is", "as available" basis. Neither Hoselton, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, "Hoselton Parties") make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and Hoselton Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.

(b)            Hoselton Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Hoselton Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.

(c)             The access to and downloading of material from this Website is done at your own risk. Hoselton makes reasonable efforts to ensure that this Website is virus-free, but Hoselton does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.

4. Registration Obligations

To use certain areas of this Website, you must first complete the registration process to create an account ("Account") and select and register a unique user name and password (collectively, "Credentials"). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Hoselton if you know or suspect that your Account or Credentials have been used by any other person.

During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Hoselton has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Hoselton has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.

Hoselton may act upon any communication that is given through your Account or by using your Credentials. Hoselton is not required to verify the actual identity or authority of a person using your Account or Credentials, but Hoselton may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Hoselton is not satisfied with the verification. If Hoselton, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Hoselton may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.

5. Information/Data supplied to Hoselton

Any non-personal communication or material transmitted to this website by electronic mail or otherwise, including any questions, comments, suggestions or the like (“User Content”), is and will be treated as non-confidential and non-proprietary. All User Content becomes the property of the Hoselton and may be used for any purposes including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. For transmitting, please email info@hoseltons.com. Furthermore, Hoselton is free to use any designs, ideas, artwork, inventions, developments, suggestions, or concepts contained in any User Content and/or communication sent to this Website for any purposes including, but not limited to, the development, manufacturing, advertisement, and marketing of products. Any such use is without compensation to the submitter of the information and/or data. By submitting information and/or User Content, you also warrant that you own the material/content submitted, that it is not defamatory, and that Hoselton's use of the material/content will not violate any third parties’ rights or applicable laws. Hoselton is under no obligation to use the information submitted or to send any confirmation or feedback that a submission is successful.

If you provide User Content , you grant Hoselton a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant Hoselton the right to use the name you submit with the User Content , if any, in connection with Hoselton’s rights hereunder.

6. Use of the Website

Hoselton authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with Hoselton or using the Services. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website's materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Hoselton is strictly prohibited. Hoselton reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Hoselton reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.

7. Intellectual property rights

Trademark Hoselton tm .  All rights reserved.
Hoselton, this Website domain and other trade names or trademarks of Hoselton used on this Website, and related words and logos are all trademark or tradenames of Hoselton in Canada and other jurisdictions. All copyright and other intellectual property rights in all text, images, and other materials on this Website are the property of the Hoselton or are included with the permission of the relevant owner.

You may freely browse the website but are only permitted to access, download, or use information from this website, including any texts, images, audio, and video, etc., (hereafter referred to as “information”) for your own non-commercial use. This should be done on the condition that all copyright and other proprietary notices are kept intact, and that the above trademark notice appears on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain, nor shall it be modified or incorporated into any other work, publication, or website.

The trademarks, logos, characters, and service marks (collectively hereafter referred to as "trademarks") (e.g., Gord Hoselton, Hoselton, Carl Hoselton, the Hoselton bear, loon, goose, moose and other symbols, and the Hoselton logo, as well as Hoselton’s product labels) are protected trademarks or trade names of Hoselton Studio Limited. Nothing contained on this website should be construed as granting any license or right to use any trademark displayed on this website. Your use/misuse of the trademarks displayed on this website or of any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that the Hoselton Studio Limited will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.

8. Links to other websites

Links to third party websites may be provided for the interest or convenience of visitors to this website only. The links on the Websites may take you outside the Hoselton network. Hoselton accepts no liability for the content, accuracy, or function of these other websites. Hoselton accepts no liability deriving from a breach or omission in the privacy policies of third parties. The links are provided in good faith and Hoselton cannot be held responsible for any subsequent change in other websites to which it provides a link. The inclusion of any links to other websites does not imply endorsement by the Hoselton. Hoselton highly recommends that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit. This content is the sole responsibility of the owner or operatoro f the linked site.

9. Limitations of Liability

IN NO EVENT WILL COMPANY PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE SERVICES. COMPANY PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF COMPANY PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

Hoselton Parties, and any other parties involved in the creation, production, or delivery of this website, shall have no responsibility to: maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection herewith. Any material on this website is subject to change without notice. [NTD: Notice of changes to terms and conditions is recommended.]  

You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 8 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.

10. Prohibited activity

Although Hoselton may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, etc., on the website, the company is under no obligation to do so and assumes no responsibility or liability for loss or damage incurred arising from User Content  on the Website, nor for any errors, omissions, defamations, slanders, dangers, falsehoods, obscenities, profanities, libels, pornography, privacy disclosures, or inaccuracies contained in any information within such locations on the website. Visitors are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, infringe, violate or misapproporaite the intellectual property rights of any third party, or otherwise violate any laws. Hoselton will fully cooperate with any law enforcement authorities or court orders requesting or directing Hoselton to disclose the identity of anyone posting any such information or materials.

Visitors are further prohibited from: performing any acts that could constitute a breach of privacy (including uploading another individual’s private information without the concerned individual's consent) or violating the legal rights of other individuals; using this website to defame or libel the Hoselton, its employees, or other individuals by acting in such a way that brings into disrepute the good name of the Hoselton and uploading files that contain viruses that may cause damage to the property of the Hoselton or the property of other individuals.
You and Hoselton agree that any controversy or claim arising from, or pertaining to, the use of this website shall be governed by Canadian law and shall be submitted to the exclusive jurisdiction of the courts of Ontario, Canada.

11. Consequences

If Hoselton becomes aware that you have violated any of the terms and conditions contained in this legal statement, the company may immediately take corrective action. Such measures include preventing the user from using the services offered by Hoselton and immediately removing without notice any information, data, and content put on the website by the user. If Hoselton has been injured by your violation, the company may, in its sole discretion, seek to recover damages.

12. Indemnity

You will defend, indemnify and hold harmless Company from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Company retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.

13. Revisions

Hoselton may revise these Terms and Conditions by updating this post at any time. You are bound by any such revisions and should therefore periodically revisit this page. Hoselton reserves the right to make any changes and corrections to this notice. Please refer to this page from time to time to review this, and any new, information.
™Trademark of Hoselton. All rights reserved.  [Again, a notice of an updated to the term and conditions is recommended. Ex. Post on your initial page the following: “On [Date] we updated our Terms of Service and Privacy Policy.  If you keep using the Site after [date], you acknowledge that you’ve read and agreed to these updates”

14. General

These Terms, the Privacy Policy and all other notices, policies and statements contained on this Website (all as may be amended by Hoselton from time to time) constitute the entire agreement between Hoselton and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or confirming waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

The relationship between Hoselton and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.

These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario.

To the extent permitted by applicable law, unless Hoselton agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude Hoselton from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

These Terms have been drawn up in the English language at the express request of the parties. Les presents modalitiés ont été rédigées en Anglais á la demande expresse des parties.

CONTACT US

We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by Company. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.

Location

United States
US