Website Legal Information
Access to and use of all materials published by or otherwise accessible through HCMA Architecture + Design (referred to as “the Firm”) and its website(s) having the domain name hcma.ca (the “Web Site”), including, but not limited to, all web pages, links and content making up the Web Site, are subject to the following terms and conditions:
1. COPYRIGHT, TRADE-MARKS AND OTHER INTELLECTUAL PROPERTY.
All content included on the Web Site, including but not limited to text, photographs, images, illustrations, video clips, audio clips, multimedia files, graphics, logos, icons, software and other materials (collectively, the “Content”), is owned exclusively by the Firm and its member authors who shall be deemed to be the provider of the Content. All of the Content is subject to the exclusive Copyright © of Hughes Condon Marler Architects and/or its suppliers or licensors. All rights reserved. The Content and all other materials published or otherwise accessible through the Firm or the Web Site (collectively, the “Service”) and the Web Site are protected as a collective work and/or compilation pursuant to copyright laws, international conventions and other applicable intellectual property laws. Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display, use or exploitation of any of the Content or the Service, whether in whole or in part, without the express written permission of the Firm, is strictly prohibited. All logos, designs, and trade names or trade-marks which appear on the Web Site are trade-marks of the Firm or, where identified, its licensors. Without the express written permission of the Firm, no right or licence is granted by the Firm to use any trade-marks, logos, designs or trade names which appear on the Web Site for any purpose. No trade-marks used on the Web Site may be displayed or used in any manner without the express written permission of the Firm.
2. USE OF THE WEB SITE
The Web Site may not, in whole or in part, be reproduced, modified, transmitted, transferred, sold, distributed, displayed, used or otherwise exploited for any commercial purpose that is not expressly authorized by the Firm in writing. Any software that is made available by the Firm to users to download from the Web Site is exclusively owned or controlled by the Firm and is protected by copyright laws and international treaty provisions (the “Software”). Use of the Software by users shall, in all cases, be governed by the terms of an end-user written licence agreement between the user and the Firm, which shall accompany or be included with the Software (“Licence Agreement”). Software that is accompanied by or includes a Licence Agreement may not be installed or used unless the written terms of the Licence Agreement are agreed to and signed by the user and the Firm. For any Software not accompanied by a Licence Agreement, the Firm may grant a personal, non-transferable, indivisible and non-exclusive licence to a user to use the Software on a single computer, provided that all copyright and proprietary notices are respected and a written agreement to that effect is concluded and signed between the user and the Firm. Any reproduction or redistribution of the Software is expressly prohibited. The Software is warranted, if at all, only according to the terms of the Licence Agreement. The Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada.
3. NO LICENCE GRANTED
Except as expressly provided in Section 2 above, nothing on the Web Site shall be construed as conferring to any user any licence or any other rights to the intellectual property represented by the Content, the Service, the Software or any other proprietary rights of the Firm.
4. DISCLAIMER OF WARRANTIES
The Web Site, the Content and the Service are provided on an “as is, with all faults” basis, and are subject to change by the Firm at any time without notice to the user. The Firm makes no warranties or representations about the suitability, reliability, availability, timeliness, or accuracy of the Service or the Content contained on the Web Site for any use or purpose. Except to the extent expressly set out herein, the Firm disclaims all warranties, representations, conditions, and guarantees of any kind, express or implied, including, but not limited to, all warranties, representations and conditions of merchantability, fitness for a particular purpose, title, non-infringement and warranties arising by course of dealing or customer trade in connection with the Web Site, the Content and the Service. Any material downloaded or otherwise obtained through the use of the Service is done at the user’s sole risk, and the user will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material. The Web Site may contain links to other web sites. These third party web sites are not under the control of the Firm and, as such, the Firm disclaims any responsibility for such third party web sites or their content. Unless expressly stated in writing by the Firm, no recommendation or endorsement is made by the Firm of any products, services or web sites of any third parties, as the Firm has not made any determination whether any such products, services or web sites may be either necessary or appropriate for use by the user or for the use of others.
5. LIMITATION OF LIABILITY
In no event shall the Firm be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including, but not limited to, damages for loss of use, data or profits, loss of markets, or other losses arising out of or in any way related to the use, inability to use, unauthorized use, performance, or non-performance of any Service, any of the Content or the Web Site, even if the Firm has been advised previously of the possibility of such damages, and whether or not such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
6. APPLICABLE LAW
The Web Site is controlled by the Firm in the Province of British Columbia, Canada. As such, the laws applicable in the Province of British Columbia will govern these disclaimers, terms and conditions. The Firm reserves the right to make changes to the Web Site at any time.