Privacy Policy
for
David Robertson Artist Blacksmith
www.artistblacksmith.com
and
The Hammer
and Tongs
As of Jan. 1 , 2004 The Canadian government has
required all
businesses to develop
a privacy of information policy. This document is in response to that
policy, and
outlines how I treat the information that you provide me.
Consent:
I generally
assume that if you provide me with contact information (address,
telephone, email,
etc.) that this is giving me consent to use this information to contact
you. I do
not sell or trade contact information of individuals, but will refer
businesses.
Financial
Info:
Credit card information is not stored on the computer but is kept
separate
in a locked filling cabinet. Due to the recent increase in costs
associated with
Visa, credit card transactions will be processed on the day of shipping
not 30 days
later for wholesale customers. Pay Pal is now another option available.
Contact
Info:
If you are an individual I generally do not pass on your contact
information. If you are a business I will refer your business to people
looking for a specific
product or service, either in writing, email or conversation. It
becomes the person's
responsibility to look your business up for further contact.
Students:
Occaisionally
while teaching a course I will photograph the students for the purpose
of advertising. This may mean that your picture could be published on
the web. In these pictures
I may use first name identifiers. I will upon occaission use the
information that you have
provided me to send you course updates, or notification of up coming
events, or specfic
pieces of information. If you do not wish this form of contact it is
your responsibility
to inform me and I will remove you from my mailing list.
Links:
Many of the links on the website will lead to sponsor websites.
In part I am able to keep this website running from purchases
from other websites that yeild a commision to me. This helps support my
costs as I am in business.
Membership
If you sign up to be a member of my website I will send you emailed
information about blacksmithing and related topics. Some of this
information may be sales related and may contain links to my products
or other people's products that I make a commision on referals.
These payments help defer the costs of providing ongoing
information to you about blacksmithing and metal work in general. You
may unsubscribe at any time by clicking the link at the bottom of the
emails sent to you or by contacting me directly.
I, David Robertson
am the Privacy Officer for the Hammer and Tongs and www.artistblacksmith.com.
If you need, you may contact
me if you have questions about this policy.
David
Robertson Web Site Agreement
The
www.artistblacksmith.com Web Site (the "Site")
is an online information service provided by David Robertson
("www.artistblacksmith.com "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. www.artistblacksmith.com MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire
contents of the Site are protected by
international copyright and trademark laws. The owner of the copyrights
and trademarks are www.artistblacksmith.com, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to www.artistblacksmith.com a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to www.artistblacksmith.com by all means and
in any media now known or hereafter developed. You also grant to
www.artistblacksmith.com the right to use your name in connection with
the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against
www.artistblacksmith.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
www.artistblacksmith.com.
TRADEMARKS.
Publications,
products, content or services
referenced herein or on the Site are the exclusive trademarks or
servicemarks of www.artistblacksmith.com. Other product and company
names mentioned in the Site may be the trademarks of their respective
owners.
2.
Use of the Site.
You
understand that, except for information,
products or services clearly identified as being supplied by
www.artistblacksmith.com, www.artistblacksmith.comdoes not operate,
control or endorse any information, products or services on the
Internet in any way. Except for www.artistblacksmith.com- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
www.artistblacksmith.com a. You also understand that
www.artistblacksmith.com cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. www.artistblacksmith.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
www.artistblacksmith.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.artistblacksmith.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
www.artistblacksmith.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL www.artistblacksmith.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF www.artistblacksmith.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
www.artistblacksmith.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
www.artistblacksmith.com
makes no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When you
access a non-www.artistblacksmith.com web site, please understand that
it is independent from www.artistblacksmith.com, and that
www.artistblacksmith.com has no control over the content on that web
site. In addition, a link to a www.artistblacksmith.com web site does
not mean that www.artistblacksmith.com endorses or accepts any
responsibility for the content, or the use, of such web site.
3.
Indemnification.
You agree to
indemnify, defend and hold harmless
www.artistblacksmith.com, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4.
Third Party Rights.
The
provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of
www.artistblacksmith.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on
its own behalf.
5.Term;
Termination.
This
Agreement may be terminated by either party
without notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This
Agreement shall all be governed and construed
in accordance with the laws of Canada applicable to agreements made and
to be performed in Canada. You agree that any legal action or
proceeding between www.artistblacksmith.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent
jurisdiction sitting in Canada . Any cause of action or claim you may
have with respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause of
action is barred. www.artistblacksmith.com's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. www.artistblacksmith.com may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any
rights not expressly granted herein are reserved.
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