Overview

This website (the “Site”) is operated by Jenna Shelley dba Beheld (“Beheld”). Throughout the Site, the terms “we”, “us” and “our” refer to Beheld. The Site provides photos, graphics, images, information, date or other materials (the “Content”). Beheld offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our services and agree to
be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use any services.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. A breach or violation of any of the Terms of Services will result in an immediate termination of our services and may result in our refusing to sell any products offered on the Site to you.

GENERAL CONDITIONS

Permitted Uses:
You may access and use the Site and the Content only in accordance with all applicable laws and the Terms of Services. Subject to the Terms of Services, Beheld grants to you a non-exclusive, non-transferable and revocable licence to access and use the Site and the Content only to display and save on your own computer, download and print a copy of the Content for your use, provided that the Content is not modified (“Permitted Uses”). By accessing or using the Site or the Content, or by displaying, saving, downloading or printing a copy of any Content, you do not acquire any other right or licence to the Site or the Content.

Prohibited Activities:
You may not access the Site or use the Site or any Content in any way or for any purpose that is unlawful. Without the prior written consent of Beheld, you may not access the Site or use the Site or the Content for any purpose that is outside the scope of the Permitted Uses, or that violates the rights of Beheld or any other person. Without limiting the foregoing, without such consent, you may NOT engage in, or perform, directly or indirectly, any of the following activities with the Site or the Content or any portion thereof:

- No distribution. Making available, distributing, displaying, posting, disseminating, publishing, republishing, retransmitting, communicating to the public, or broadcasting;

- No modification. Creating a derivative work, modifying, translating, selecting, arranging,
merging, compiling or otherwise combining with other data or other content or framing
from or on another Site;

- No scraping. Scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize or manipulate any Content, whether by an automatic program or a manual process;

- No transaction. Except for your purchase of product from us through the Site, selling,
licensing, sub-licensing or engaging in any other commercial transaction relating to the Site, the Content or any reproduction of all or any portion thereof in any medium; and

- No decompilation. Decompiling, disassembling, reverse engineering or other exploitation
of the Site, its architecture or the underlying software or code.

Risks You Assume:
Access to, and use of, the Site and the downloading of Content are done at your own risk. Beheld does not represent, warrant or guarantee that the Site or the Content is compatible with your computer systems or that the Site or the Content is or will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Site.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site. We reserve the right to refuse service to anyone for any reason at any time.

Purchasing a Product on the Site:
You can purchase products from us through the Site by using a valid credit card or a third-party
payment processor. The retail price you pay is fixed at the time of ordering. You may not cancel an order once it has been submitted. It is your responsibility to ensure your delivery address is correct. Beheld takes no responsibility for any product you do not receive – or receive late – in connection with the delivery address you provide including, but not limited to, errors in the address you provide. Delivery of products will be facilitated pursuant to your instructions by postal or courier service and will be paid for by you at the amount that is indicated at the time of purchase. Shipping charges will be applied to the order, which will vary depending upon multiple factors, like location and the size and price of the product.

Modifications to Services and Prices:
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the offering our services (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of our services. We can not retroactively apply discounts to your purchase. Discounts and promotions are limited to the time frame stipulated in each unique case.

Product or Services:
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site or in the Content will be corrected.

Billing and Account Information:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

RETURN POLICY

Beheld does not accept returns. We are committed to providing customers with the highest quality visual and descriptive representation of the artwork as possible, and we stand behind our art with a 100% quality guarantee.

Each fine art print is custom produced on demand and packaged just for you. All prints from Beheld are produced in Toronto to the highest industry standard for fine art printing, using exclusively archival materials and the best acid-free cotton rag papers on the market.

Our fine art printing partner matches every print to the artist's source file for colour and overall image quality and clarity. Frames are professionally hand-built to custom specifications for your artwork. Beheld fully authenticates every artwork sold.

If you have questions or concerns about your artwork after you receive it, or if your artwork has been damaged in transit, please contact us within 14 days of receipt of your product at service@beheld.ca.

Third Party Links:
Certain Content, products and services may include materials from third parties.

The Site may, for convenience, provide links to websites of other parties. The content in any website to which the Site provides a link is not provided by, or under the control of, Beheld, and if you choose to access any such website, you do so entirely at your own risk. Beheld does not endorse or republish any content contained on any website that links to, or may be linked from, the Site or provides any representation, warranty or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or the content thereon.

User Comments, Feedback, and Other Submissions:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (i) maintain any comments in confidence; (ii) pay compensation for any comments; or (iii) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Site.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.

Personal Information:
Your submission of personal information through the Site is governed by our Privacy Policy. Errors, Inaccuracies, and Omissions Occasionally there may be information on our Site or in the Content that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Content or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Content or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Content or on any related Site, should be taken to indicate that all information in the Content or on any related Site has been modified or updated.

Disclaimer of Warranties; Limitation of Liability:
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. ACCESS TO, AND USE OF, THE SITE OR THE CONTENT IS AT YOUR OWN RISK.
BEHELD MAKES NO REPRESENTATION, WARRANTY OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THE SITE OR THE CONTENT. BEHELD DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, BEHELD DISCLAIMS ALL WARRANTIES,
REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE
CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL BEHELD BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT BEHELD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

Indemnification:
You agree to indemnify, defend and hold harmless Beheld and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability:
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination:
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our
services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

General Provisions:
These Terms of Services including any documents referenced herein, constitute the entire agreement between Beheld and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Beheld with respect to the Site or the Content. A printed version of the Terms of Services and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms of Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any failure by Beheld to insist upon or enforce strict performance of any provision of the Terms of Service will not be construed as a waiver of any provisions or right. If any of the provisions contained in the Terms of Service are determined to be void, invalid or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.

Governing Law:
The interpretation, validity, effect and enforcement of the Terms of Service are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to the access and use of the Site or the Content by you, notwithstanding any conflicts of laws principles, or your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use.

Dispute:
All disputes arising out of or in connection with these Terms of Service, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English.

However, in the event that Beheld determines that any breach or other violation of the Terms, or any violation of the intellectual property, privacy or other rights of Beheld does or will result in immediate or irreparable harm to Beheld, Beheld may seek relief in the way of interim, interlocutory and permanent injunctions and such other and further relief as a court may deem just and proper. You hereby consent and submit to the jurisdiction of the courts of the Province of Ontario and the Federal Court of Canada in any such action or proceeding and agree not to commence any action or proceeding except in Toronto, Ontario, Canada.

© 2023 Beheld. All rights reserved.