Home » FAQs » Terms and Conditions

FBFA Service & License Agreement

1. This Agreement: This Agreement (the "Agreement") constitutes a binding agreement between you as a user and Farmboy Fine Arts Inc.  (“FBFA”) regarding your access to and use of certain services available on the FBFA website and all images, information, products and services available via the site (collectively, the "Website"). If you do not agree with each provision of this Agreement, you may not use the services or the Website.
2. Supplementary Agreements: The Website is also governed by other terms or policies of FBFA and by using the services you agree to those terms or policies (the “Supplementary Agreements”).
3. Acceptance: Each time you login to access the services through the Website, you signify your acceptance to the then-current version of this Agreement, as it may be updated from time to time.
4. Changes: FBFA may change or update this Agreement from time to time, without any prior notice or liability to you, by posting the revised Agreement on the Website.
5. Access to Service: You acknowledge and agree that your account, login and password are to be kept secret and confidential.  You are responsible for any use of your account, login or password.  FBFA reserves the right to revoke your authorization to access the Website or any services available on the Website.  The rights granted to you herein constitute a license and not a transfer of title.  FBFA reserves the right to charge a fee for use of the service in the future.
6. Permitted Uses: You may use the Website and any service for your personal, informational, and commercial purposes, so long as such use is not inconsistent with the “Prohibited Uses” listed below.
7. Prohibited Uses: You may not:
   1. redistribute or resell the Website or download and sell FBFA’s images or other Website content outside the scope of the “Comping License” terms below;
   2. alter, remove, or destroy any proprietary markings, or confidentiality legends, or notices placed on, or contained within, the Website; or
   3. permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of FBFA or its licensors or allow any third party to access the Website.
8. Comping Licensing Terms: If through the service on the Website FBFA provides an image (a “Comping Image”) to you for comping or lightbox purposes, then:
   1. subject to the terms and conditions of this Agreement, FBFA hereby grants to you (and your employer if applicable) a non-exclusive, non-sublicensable, non-assignable license to use the image(s) for comping or lightbox purposes;
   2. you shall retain the copyright notice of FBFA and its licensors and FBFA’s image identification code as displayed on the Comping Image and as included as part of the electronic file;
   3. you shall use each Comping Image in compliance with all applicable laws, including, but not limited to, laws and regulations relating to copyright and moral rights.
9. Restrictions on Comping Use: You shall not:
   1. make any use of a Comping Image in whole or in part in final materials distributed inside or outside your company to the public, or for any commercial purpose including any online or other electronic distribution system including, but not limited to advertising and marketing materials, (except that you may send Comping Images electronically or digitally for your clients to review); or
   2. use any Comping Image, in whole or in part, for or in association with any pornographic purposes, or in any manner which is or could be considered to be libelous or defamatory, or that in any way is or could be potentially unflattering or controversial for the model in the Image, (without specific, written permission from FBFA).
10. Use of Comping Image in an Unauthorized Manner: You agree that use of a Comping Image in any unauthorized manner constitutes a breach of this Agreement and an infringement of the rights of FBFA, its licensors and/or third parties.
11. Model, Property & Other Releases:  FBFA requires its content providers to obtain releases.  However, FBFA gives no representation, warranty, guarantee or undertaking that any rights, releases or consents which are required, desirable or necessary for reproduction are or will be obtained whether in relation to the use of names, people, intellectual property rights or any underlying works of whatever nature depicted in any image, or that any waivers of any moral rights have been obtained. 
12. Indemnity: You agree to indemnify, defend, and hold FBFA, its affiliates, agents, licensors, suppliers, or their respective directors or employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by FBFA arising out of the access to or use of the Website or any content (including products, services and images) contained in or on the Website.
13. IP Ownership: The Website (including all images, and other information in text, graphical, video and audio forms, icons, software, designs, applications, data, and other elements available via the Website) is the property of FBFA and/or its licensors, and is protected by Canadian and international copyright, trade-mark and other laws. 
14. Trademarks: Farmboy Fine Arts, FBFA and the Farmboy Logos are trademarks owned by FBFA.  Any use of the trade-marks, service marks, trade names or logos displayed on or in connection with the Website is strictly prohibited.
15. Privacy and Data Protection: Purchasing products or accessing services from FBFA will require you to provide FBFA with your name, address and other relevant details. The information FBFA receives from customers is subject to statutory controls.  FBFA will use this information to communicate with customers, billing, marketing and promotional purposes. If you have any concerns in respect of privacy or data protection please contact FBFA.
16. DISCLAIMER AND LIMITATION OF LIABILITY:
    1. The Website and any products or services offered through the Website are provided “as is” without any warranties of any kind. You understand and agree that the use of the Website and the content or services thereon is at your sole risk.
    2. FBFA makes no representations with respect to any content, including products and services and images and, to the maximum extent allowed by applicable law, disclaims all representations, warranties, guarantees and conditions of any kind, express and implied, regarding the content (including products, services and images), including without limitation, all representations, warranties, guarantees or conditions regarding accuracy, timeliness, completeness, currentness, availability, effectiveness, non-infringement, security, privacy, title, usefulness, suitability, quality, merchantability or fitness for any particular purpose. Further, FBFA makes no representation, warranty or guarantee that the content (including products, services and images) will be satisfactory to your needs, meet your expectations, or be uninterrupted, timely, accurate, secure or free from errors.
    3. FBFA assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the Website, regardless of cause.
    4. The entire liability of FBFA to you or your organization or any third party, for any dispute, claim or action arising out of the use of the Website or any product, service or content thereon, shall be limited to the amount you paid for such access, or such service or product.
17. Governing Law and Disputes: FBFA is located in Vancouver, British Columbia, Canada. This Agreement and all Supplementary Agreements, are governed solely by the laws of British Columbia, Canada, excluding any conflicts of laws rules.  Any dispute between you and FBFA arising from the Website, this Agreement, or any Supplementary Agreements will be resolved before the Supreme Court of British Columbia, in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect to all disputes.
18. Language: you expressly request and require that these Terms and Supplementary Agreements and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s 'y rapportent soient rédigés en anglais.