VIARTWORKS.COM           TERMS OF USE

This site is owned and operated by Poncho Villa Ltd. o/a Vancouver Island Photo Art in British Columbia, Canada. Your use of this website and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to “Terms of Use”).  If you do not agree to these terms then you should leave this website immediately (hereinafter referred to as “Site”), not use any of the materials available herein, and/or not subscribe to this service.

COPYRIGHTED MATERIALS. 

1. "Materials” on VIARTWORKS.COM shall constitute and be defined as any files, images, animations, photographs, or text available on VIARTWORKS.COM
   
2. All Materials downloaded from VIARTWORKS.COM is licensed to you by Poncho Villa Ltd. o/a Vancouver Island Photo Art.   Downloading these Materials or purchasing prints of Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you. Concerning Materials uploaded to VIARTWORKS.COM - while PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART will do its best to make certain Users' rights are protected, PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART cannot assume responsibility for these rights.
   
   
3. It is illegal to duplicate, download, or distribute any Materials from viartworks.com except for your use which is subject to the Usage Guidelines (please see LICENSING, section "A" and "B", End-User License Agreement). All Material is either owned or ( in the case of participating photographers and/or artisans) licensed to viartworks.com and subsequently Poncho Villa Ltd. o/a Vancouver Island Photo Art. Right of usage is non-exclusive and non-transferable.
4. The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with Poncho Villa Ltd. o/a Vancouver Island Photo Art is protected by Canada, the United States and International law and other intellectual property proprietary rights and may not be copied or imitate in whole or in part.
    

LIMITATION OF WARRANTY.
EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT THAT IS ATTACHED TO THE SITE, PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.

YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supercedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART reserves the right to modify or terminate these Terms of Use without notice, if, in PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART's sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART reserves the right to terminate this Site without notice. If such a termination occurs, PONCHO VILLA LTD. O/A VANCOUVER ISLAND PHOTO ART agrees to pay any money owing to photographers, artisans and other users of this web site.