Terms And Conditions

CONSENT

The Hearken website and related services are made available to you pursuant to the following terms and conditions and any other rules posted on our site. By visiting Hearken / hearkenstudio.com, you are accepting and consenting to the practices described in the terms & conditions. we may modify the terms & conditions periodically, at any time, and your continued use of this site following such changes shall signify your agreement to be bound by the modified terms and conditions.

This site is owned and operated by Hearken. Hearken / hearkenstudio.com / “we” / “our” / “us” reserves the right to make changes to the information and content on this site and the services described therein, at anytime and without notice.

USAGE RESTRICTIONS

Subject to these terms & conditions, Hearken hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the site, solely for purposes of purchasing or reviewing Hearken products and not for any commercial use or for use with, or on behalf of, any third party. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of hearkenstudio.com or any content without Hearken prior written consent.

You may not use hearkenstudio.com in any manner that interferes with our normal operations or with the use and enjoyment of another user. You many access hearkenstudio.com and the content provided only through the user interface provided by us. You agree to use the site and the services only for their intended lawful purpose and in accordance with all applicable laws.

OWNERSHIP OF CONTENT

Our site includes a combination of content that we, our users, and other third parties create. All of the content available through hearkenstudio.com, including, but not limited to, written content, interface design and layout, photography, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. Any copyright or other intellectual property in these web pages is owned by, or licensed to us. It is absolutely prohibited for you to reproduce all or any parts of the contents of this website except in accordance with this agreement.

GRANT OF LICENSE

With your limited license you may download or print pages and images from this web site for your own personal use only. You may re-copy, extract, or forward pages from this website to a third party for their personal use only. With your limited license, you agree that you will not make any modifications to any pages, images, content that you copy, email, post, forward, share, in any way. You will acknowledge credit to hearkenstudio.com and ensure that all acts comply within our terms of use outlined in our terms & conditions. Should you wish to incorporate any part of hearkenstudio.com into any work or publication, including incorporation into an electronic organization, you must contact Hearken for written and proven consent.

We reserve the right to ask for the removal of any content that violate these terms & conditions or that is otherwise in our opinion, offensive or inappropriate misuse of information and content found on hearkenstudio.com and owned by Hearken.

REGISTRATION AND ACCOUNT RESPONSIBILITY

Registration on hearkenstudio.com is available to anyone eighteen years or older who truthfully and accurately provides all required information, including a legitimate address, and who obtains a unique username and password. Each time you log in to hearkenstudio.com you will be confirmed an authorized user as defined within our terms & conditions. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on hearkenstudio.com including but not limited to, all transmissions and obligations (ie. financial obligations) with your username and password or any other breach or threatened breach of the sites security of which you become aware.

You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead hearkenstudio.com or our service providers.

SECURITY

Anyone can browse on hearkenstudio.com without providing any personal information. Personal information is only gathered at the point of purchase and all information is gathered securely using an SSL certificate/secure server. hearkenstudio.com uses appropriate security measures to protect the information you give us. Although we take all reasonable steps to protect your personal information, you should recognize that there is no “perfect security” and as such, no internet data transmission can be guaranteed to be secure from access by unintended recipients. hearkenstudio.com will not be held responsible for any breach of security unless this is due to our negligence.

hearkenstudio.com may use certain tracking data. Tracking data information may be used for a variety of purposes, including but without limitation, to compile statistical, demographic, or aggregated information about visitors to the site generally, and also may be used to create reports on user demographics and the traffic patterns of the site. The reports that are generated from tracking data information are used for a variety of purposes, including, for example, to improve the Hearken site and our services.

PRODUCT INFORMATION

Products on hearkenstudio.com may be available limited to the quantities listed on the site. In some cases, product displayed on the site in images or other intellectual content, may not be available for purchase on hearkenstudio.com. We try to maintain accurate information on the site regarding product availability, size, and pricing, however we cannot guarantee any such accuracy. In addition, the actual colors of the products displayed on hearkenstudio.com will depend on the settings of your monitor, and Hearken cannot guarantee that your monitor’s display of any color will be completely accurate.

SITE TRANSACTIONS

Hearkenstudio.com reserves the right to refuse, in its sole discretion, any order placed on the site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by hearkenstudio.com). Hearkenstudio.com further reserves the right to change or modify any order placed on the site. In the event any order is cancelled or change, hearkenstudio.com will attempt to notify you of such cancellation or change; however, hearkenstudio.com cannot guarantee that you will receive such notice.

LINKS

Hearkenstudio.com may provide links to other sites. Please note we are not responsible for any content featured on those sites and are not liable for damages or concerns that arise from that content.

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the nondelivery, or untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through hearkenstudio.com.

We do not warrant that the site will be uninterrupted or error free. In addition, we do not make any warranty as to the content on hearkenstudio.com. Hearkenstudio.com and the content and services available on the site are distributed on an “as is, as available” basis. Any material that you download or otherwise obtain through the site is done at your own discretion and risk, and you will be solely responsible for any damages to your computer system or loss of data that results from your download of any material. We make no warranties of the following:

  1. That hearkenstudio.com will meet your requirements
  2. That the hearkenstudio.com will be uninterrupted, timely, secure, or error free
  3. That the content including information regarding products, pricing, or availability that may be obtained from hearkenstudio.com will be accurate or reliable, the quality of any products, services, information, or other material that you purchase or obtain through the site will meet your expectations
  4. That the site will be free of viruses or other harmful or malicious code
  5. And that any errors on this site will be [promptly] corrected.

By using hearkenstudio.com you expressly agree to assume the entire risk as to the quality and performance of the site and the accuracy or completeness of its content.

In no event shall hearkenstudio.com or any third-party involved in the creation and maintenance of the site and its content included, be liable for any damages (including without limitation, direct, incidental, special, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use, or inability to access or use the site, including damages to your computer equipment.

Hearkenstudio.com reserves the right to terminate your access, or suspend any user’s access to all or part of the site without notice or recourse, for any conduct that Hearken believes is in violation of any applicable law or of these terms of use outlined in the terms & conditions, or that is believed to be harmful to the interests of another user, a service provider, Hearken and/or its affiliates.

By visiting and/or using hearkenstudio.com, you agree that the laws of the province of Quebec, without regard to principles of conflicts of law, will govern our privacy policy and terms & conditions and any dispute of any sort that might arise between you and us. You agree that any action at law or in equity that arises out of or relates to any use of the site will be filed only in the Provincial or Federal courts located in Quebec, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Contacting us

If you have any questions about these policies, the practices of this site, or your dealings with this site, please contact us at: info@hearkenstudio.com

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