LAST UPDATE: January 15, 2005

1. Acceptance of Terms

These Terms of Use (the “Terms”) apply to all users of the WarkInuit.com website (the “Website”), and to all products, services, resources, information, materials and other content available on the Website (which we collectively refer to in these Terms as the “Content”).

THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES.

These Terms incorporate by reference the WarkInuit Privacy Policy.

BY ACCESSING THE WEBSITE, YOU ARE DEEMED BY US TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.

2. Electronic Communications

When you visit the Website, or any pages thereof, send e-mails to WarkInuit, or submit information to WarkInuit, you are communicating electronically. You consent to receive communications from WarkInuit electronically. WarkInuit will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that WarkInuit provides to you electronically satisfies any legal requirement that such communications be in writing.

3. Copyright

Copyright © 2004-2005, WarkInuit. All Rights Reserved.

All Content on this Website, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us at the Website, is the property of WarkInuit or its content suppliers (including, but not limited to, the Inuit Art Centre at the Department of Indian Affairs and Northern Development) and protected by Canadian laws and international treaties. The compilation of all Content on this Website is the exclusive property of WarkInuit and protected by Canadian law and international treaties. You may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any Content.

Any feedback provided to us regarding the Website or its Content may be used by us without restriction or accounting to you, including our utilization of such feedback in products, services or marketing or other collateral. WarkInuit will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.

4. Trademarks

“WarkInuit”, “Specializing in Inuit Wallhangings” and the WarkInuit logo are trademarks of WarkInuit and may be registered in certain jurisdictions. Other WarkInuit graphics, logos, page headers, button icons, scripts, taglines, product names, and service names are trademarks or trade dress of WarkInuit. All other trademarks not owned by WarkInuit that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WarkInuit. The display of trademarks and trade names on this Website does not convey or create any license or other rights in these marks or names. Any use of them is strictly prohibited. All Rights Reserved.

5. License and Site Access

WarkInuit grants you a limited license to access and make personal use of this Website but not to download its Contents (other than page caching). This license does NOT include and expressly prohibits: (i) any resale or commercial use of this site or its contents; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of this site or its Contents; or (iv) any use of data mining, robots, spiders, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WarkInuit without express prior written consent. You may not use any meta-tags or any other "hidden text" utilizing WarkInuit’s name or trademarks without the express written consent of WarkInuit. Any unauthorized use terminates the permission or license granted by WarkInuit. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray WarkInuit, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or suggest an affiliation or endorsement by WarkInuit or its affiliates. You may not “deeplink” to any page within this Website, other than the homepage. You may not use any WarkInuit logo or other proprietary graphic or trademark as part of the link without WarkInuit’s express written permission.

6. Additional Terms

Your use of certain resources made available on the Website or your participation in certain transactions on the site (such as on-line purchases) may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.

7. Your Account

In the event you create or are provided with an account in order to utilize certain restricted portions of the Website, in consideration of permitting you access to such portions of this Website (the “Service”), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) 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 incomplete or WarkInuit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WarkInuit 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). If you use the Service, 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.

8. Product Descriptions

WarkInuit attempts to be as accurate as possible. However, WarkInuit does not warrant that product descriptions or Content of this Website is accurate, complete, reliable, current, or error-free.

9. Third Party Sites and Products

WarkInuit may provide links to various third party websites solely as a convenience for our users and these Terms DO NOT apply to such sites. These sites are not under WarkInuit’s control or direction and WarkInuit has not reviewed them. WarkInuit does not endorse or sponsor, and is not responsible or liable for, the contents, products or services available at any such linked site or the practices of these websites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use thereof.

From time to time WarkInuit may offer third party products and services for purchase by users. These products and services are subject to the policies, representations and warranties that those third parties generally provide to their customers with respect to such products and services and WarkInuit provides no representations or warranties whatsoever regarding them.

10. Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED BY WARKINUIT ON AN "AS IS" AND "AS AVAILABLE" BASIS. WARKINUIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR ITS CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WARKINUIT AND WARKINUIT’S SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE WEBSITE OR THE CONTENT OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WARKINUIT DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAIL SENT FROM WARKINUIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCTS OR SERVICES PURCHASED FROM THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE ANY PARTICULAR RESULTS.

NEITHER WARKINUIT NOR WARKINUIT’S SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE) INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEBSITE, WEBSITE CONTENTS OR ANY PRODUCTS OR SERVICES; (2) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR SUBMISSIONS OR DATA OR DAMAGES ARISING FROM DISCLOSURE BY YOU OF ANY INFORMATION ON THE WEBSITE; OR (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE. WE ARE ALSO NOT RESPONSIBLE FOR DAMAGES TO OR CLAIMS BY THIRD PARTIES.

CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. Indemnity

You agree to indemnify and hold WarkInuit, and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of or from your activities in connection with this Website or its Content, including, without limitation, your violation of these Terms or your violation of any rights of another.

12. Cooperation with Authorities

WarkInuit reserves its rights to disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these Terms, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on WarkInuit servers and network. Violations of these Terms may subject you to criminal or civil liability or other legal action. You consent to and authorize WarkInuit, its affiliates and agents to cooperate with: (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law; and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Terms. Such cooperation may include provision of usernames, IP addresses, or other identifying information. WarkInuit may terminate, without notice, your access and use of the Website or the purchase of products and services from WarkInuit and/or its suppliers, if, in WarkInuit’s sole discretion, you have violated these Terms.

13. Changes

WarkInuit reserves the right to change these Terms at its sole discretion and without notice. Changes are effective on the date they are posted (which you can determine by looking at the top of this document. WarkInuit recommends that you print a copy of these Terms for future reference and revisit these Terms from time to time to ensure you are aware of any changes. Your continued use of the Website signifies your acceptance of any changed Terms.

14. Governing Law

WarkInuit controls the Website (excluding third party linked sites) from its offices within the province of Ontario , Canada . By visiting the Website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and WarkInuit. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded. You consent and submit to the exclusive jurisdiction of Ontario courts and waive trial by jury, except to the extent a waiver of a jury trial is not permitted by applicable law.

WarkInuit makes no representation that the Website or Content are appropriate or available for use in other locations. Accessing the Website or Content from jurisdictions where they are illegal is prohibited. If you choose to access this Website from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and its Content and your purchase of any products or services. The Content and/or products and services available through the Website may be subject to Canadian export controls and to your country’s import controls.

15. Survival

In the event of termination of your access to or use of the Website or its Content, the provisions respecting: your representations, warranties and indemnities; WarkInuit’s Disclaimer of Warranties and Limitations of Liability; Governing Law; Copyrights; and Trademarks will survive unless waived in writing by WarkInuit.

16. Severance

If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.

17. Basis of Bargain

The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. We would not be able to provide the Website or its associated products or services on an economic basis without such limitations.