Norman Felix Inc. is pleased to provide this website. The following describes the terms (the “Terms” that govern your use of the Norman Felix Site, and the service(s) and good(s) provided through the Norman Felix Site. Your use of the Norman Felix Site constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the Norman Felix Site.
1. Use of the Norman Felix Site
The information and materials contained at the Norman Felix Site, including the text, images, arrangement and general design (collectively, the “Content”) are owned or licensed by the Norman Felix, the respective artist or the artist’s heirs. You are authorized to view or download a single copy of the Content solely for your personal, educational, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorization of the Norman Felix or the copyright owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted.
(b) Prohibited Use
You may not use the Norman Felix Site in any manner which is contrary to applicable local, provincial, national, international and foreign laws or regulations governing your use of the Norman Felix Site. It is solely your responsibility to determine whether your use of the Norman Felix Site is lawful. You may not use the Norman Felix Site in any manner which could damage, disable, overburden or impair the Norman Felix Site or interfere with any other party’s use and enjoyment of the Norman Felix Site.
The normanfelix.com sole purpose is and not limited to; Marketing and/or Promotion and/or News and/or Historical Records of Artist(s) and/or Artwork(s) and/or Event(s) and/or Business(s) and/or Professional(s) and/or Service Provider(s) and is therefore exempt form any and/or all copy right infringement upon use of site and/or log in of site. .
(c) Prices and Orders
The Norman Felix reserves the right to change the prices, fees and charges regarding the goods and services available through the Norman Felix Site (including the e-store) at any time and from time to time without any notice or liability to you or any other person. The Norman Felix cannot guarantee that goods or services advertised on the Norman Felix Site will be available when ordered or thereafter. The Norman Felix also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, the Norman Felix will provide you with an opportunity to cancel your order. If you order goods or services that are not available, the Norman Felix will notify you by email with an expected shipping date. The Norman Felix reserves the right to limit quantities sold. All promotions and/or advertising services are non-refundable.
The Norman Felix reserves the right to change or modify the terms, conditions, and notices under which you may use the Norman Felix Site. The Norman Felix will post all changes or modifications to these Terms on the Norman Felix Site. Each use of the Norman Felix Site will constitute your acceptance of the Terms posted on the Norman Felix Site at that time.
(e) Membership and/or Users
Current Norman Felix members and/or users are entitled to the user price as noted by each item on the Norman Felix Site. You will be asked for your membership number when you place your order.
Only members are entitled to receive the membership discount. You are not permitted to share your membership number for the purposes of enabling non-members to receive the membership discount.
You are solely responsible and liable for any use and misuse of your membership number. You must ensure that all uses of your membership comply with these Terms.
You must immediately notify the Norman Felix of any unauthorized use of your membership number, or if you know or suspect that your membership number has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Users and/or members of the site further release all digital copyrights to and not limited to text, images, names and/or titles.
2. Your Information
The Norman Felix is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.
If you complete an application form to volunteer, we will use the personal information you provide to contact you and to perform administrative activities related to your volunteer work.
(b) E-Store Purchases
When you make a purchase we will ask you to provide only the personally identifiable information necessary to complete the transaction including your name, billing and shipping addresses, telephone number, and credit card number. We also require your e-mail address so you can receive order and shipping confirmation e-mails and so we can communicate with you if there is any follow-up required in processing your order.
The personal information you provide with respect to your membership is used to process your membership purchase and enables you to receive additional membership communications from the Norman Felix. The Norman Felix uses password protocols and encryption software to protect the personal information we receive when a membership is purchased on-line. By using this website, all users release any and all copy rights for the use of self promotion of the user.
If you participate in our contests we will use your information to contact you to determine whether you are interested in becoming a member of the Norman Felix.
If you advise us that you wish to subscribe to our e-newsletters, your information will be used to provide you with the e-newsletters and to contact you to determine whether you are interested in becoming a member of the Norman Felix.
3. Purchases from the Norman Felix e-store
(a) Purchase of Gift Certificates
(b) Credit Card Charges
We accept the following credit cards:
You credit card will be charged approximately 30 days prior to shipping. In the case of a partial shipment you will only be charged for items shipped.
(c) Confirmation of Order
You will receive an e-mail conformation of your order. Please note the Confirmation/Transaction Number for purposes of order tracking.
(d) Order Cancellation
Order cancellation will be accepted via email within 24 hours of initial placement of order.
(e) Shipping Policy
Shipping is available to most destinations within Canada, the U.S. and major International locations. Please allow up to 20 business days for delivery of items.
Norman Felix will notify you if any item cannot be shipped within 30 days, and you will be given the option to wait until the item becomes available.
The shipping prices indicated on the Norman Felix Site or otherwise levied include both the cost of shipping using Canada Post services and the Norman Felix’s handling costs.
Some heavy or bulky items require additional shipping charges.These charges are indicated on the page of the applicable products.
(f) Sales Taxes, Customs and Duty
All prices indicated at the Norman Felix Site do not include applicable tax (including sales and goods and services tax) or custom and duty charges.
(h) Customer Service
If you require additional information please contact us:
- telephone at 416 366-6676
Shop: Norman Felix Hours of Operation
Monday to Tuesday: by appointment only
Wednesday to Friday: 11am – 5 pm
Closed on Sunday
THE NORMAN FELIX SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. THE NORMAN FELIX DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE NORMAN FELIX SITE OR ANY OF THE CONTENT.
THE NORMAN FELIX DOES NOT WARRANT THAT THE NORMAN FELIX SITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE NORMAN FELIX SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THE NORMAN FELIX SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR COMMUNICATION LINE FAILURE.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE NORMAN FELIX FURTHER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS (I) REGARDING THE GOODS OR SERVICES PROVIDED THROUGH THE NORMAN FELIX SITE (THE “PRODUCTS”), (II) REGARDING THE USE OF THE PRODUCTS, (III) THAT THE PRODUCTS WILL PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS, OR (IV) THAT ANY DEFECTS IN THE PRODUCTS WILL BE CORRECTED.
5. Limitation of Liability
THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THESE TERMS.
THE NORMAN FELIX WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE), EXPENSES, LOSS OF PROFITS, LOSS OF EARNING, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR OTHER LOSS, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE PROVISION, USE OR FAILURE OF THE NORMAN FELIX SITE, AND/OR THE CONTENT, WHETHER NEGLIGENT OR OTHERWISE, AND WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT, OR ANY OTHER DOCTRINE OF LAW.
You agree to indemnify, defend and hold harmless the Norman Felix and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the "IndemnifiedParties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the Norman Felix Site by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand.
From time to time the Norman Felix may make contests available to users of the Norman Felix Site and others. All contests are governed by these Terms and the applicable rules of the contest (the “Rules”). By participating in a contest through the Norman Felix Site, you signify your agreement and acceptance of these Terms and the applicable Rules.
Links to external web sites (the “Linked Sites”)are provided only as a convenience and do not constitute an endorsement by the Norman Felix of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites,or any association between the Norman Felix and the Linked Sites. The Norman Felix is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.
The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms.
The Norman Felix Inc. and the Norman Felix logo (collectively the “Marks”)appearing on the Norman Felix Site are registered trademarks, trademarks or service marks of the Norman Felix Inc.. The use of the Marks is strictly prohibited without the prior written consent from the Norman Felix. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Nothing appearing on the Norman Felix Site or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Norman Felix Site.
If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
(d) Entire Terms
Unless specifically provided herein, these Terms constitute the entire agreement between you and the Norman Felix with respect to your use of the Norman Felix Site. These Terms will supersede all prior agreements, understanding,negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, expressor implied, statutory or otherwise, between the parties in connection with the use of the Norman Felix Site except as specifically set forth herein.
These Terms will automatically terminate if you are in breach of any of the provisions contained herein and/or breach of terms in signed separate letter. The Norman Felix reserves the right, in its sole discretion, to suspend or terminate your access to the Norman Felix Site and the related service(s) going forward or any portion thereof at any time, without notice. Upon any said termination you may no longer access and/or use site and/or have a published profile and/or artist page on the Norman Felix Site. Artist(s) and/or affiliate(s) and/or professional profile page and/or service provider(s) page will be made non-public and/or unpublished immediately. By using the site and/or posting to the site, you waive any and all copyrights to material posted and/or name and/or image(s). Any material posted to the site in the form of news and/or event(s) and/or directory listing and/or promoted during the time of a said agreement and/or representation and/or access and/or use of site and/or posted by registered user may remain public content for historical public knowledge and/or news and/or educational material.
The Norman Felix may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Norman Felix Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
If these Terms or your permission to use the Norman Felix Site is terminated by you or the Norman Felix for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Norman Felix Site and your purchases of goods and services through the Norman Felix Site and anything connected with, relating to or arising from those matters.
(f) Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, located in the city of Toronto for any legal proceeding arising out of or relating to your use of the Norman Felix Site or these Terms.