Welcome to the Ken’Art web site (the «Site»). Our services and products presented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.

Privacy

You should review our Privacy Policy which also governs your visit to the Site, to understand our privacy practices.

Electronic communication

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

Use of message services

If you post content to the Site or transmit content through the Site, you agree to comply with the terms and restrictions of our Content Policy. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the Site, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the Site and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the Site. By submitting content to the Site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.

Copyright

All content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Ken-Art.com. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of Ken-Art.com is used with permission. The arrangement and compilation of all content on the Site are the exclusive property of Ken’Art. All software used on the Site is the property of Ken-Art.com or its software suppliers.

Copyright / Trademark compliance & complaints

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the Site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the Site pending our investigation.

Procedure for Making Claims of Copyright / Trademark Infringement

We respect the intellectual property rights of others and we require our artists to do the same. If you believe that your work has been copied, distributed or used on the Site in a way that constitutes copyright or trademark infringement, please notify us by writing a detail signed letter, and submit it to:

Ken-Art.com

10762 Balzac

Montreal, Qc, Canada

H1H 3L9

Facsimile: 1-866-382-3132

License and site access

We grant you a limited, revocable license to access and make personal use of the Site as our customer. However, you are not permitted to:

Reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose;

Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content;

Use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;

Engage in any activity that interferes with the Site;

Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site; or

Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the Site or the Site Contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Tour account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Reviews, comments and questions

Visitors may send comments, and other communications, and submit suggestions, or questions, to support@ken-art.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.

Risk of loss

The risk of loss and title for such products pass to buyer upon our delivery to the carrier.

Pricing

Notwithstanding the product prices shown on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Product descriptions

We attempt to describe the products offered on the Site as accurately as possible. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.

Disclaimer of warranties and limitation of liability

We warrant that the products provided on the Site will conform substantially to the corresponding descriptions on the Site when ordered. Except for the warranty in the immediately preceding sentence, we make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials or products included on the site, and you expressly agree that your use of the site is otherwise at your sole risk. Your sole remedy for breach of the warranty contained in the paragraph is return for refund or, if available, a conforming replacement.

To the fullest extent permissible by applicable law, we disclaim all warranties, express of implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, data accuracy, and quiet enjoyment. We do not warrant that the Site, its servers, or e-mail sent from the Site are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive or consequential damages.

Applicable law

By visiting the Site, you agree that the laws of province of Quebec will govern this Terms of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement. Any dispute relating in any way to your visit to or use of the Site shall be adjudicated in City of Montreal, Quebec, Canada and you consent to exclusive jurisdiction and venue in such courts.

Modification and severability

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Contact us:

Ken’Art inc.

10762 Balzac

Montreal, Qc, Canada

H1H 3L9

Phone: (514) 798-1619

SUBJECT TO CHANGE WITHOUT NOTICE

Updated August 14, 2022