Hello There!

Thank you for checking out our website and online store. We hope that you found everything accessible and easily navigable (and please let us know what we can change to make it so :D). Contained therein is our terms of service that we suggest you have a look at! If you have any questions or concerns, please don’t hesitate to contact us at [email protected] and we will respond promptly.

Regards,
The Glass Photographs Team


TERMS OF SERVICE

Last Updated: July, 30 2016

OVERVIEW

Welcome to Glass Photographs, a photography online store, and website (altogether, the “Service”).  We are in the business of creating and producing glass photographs from digital photos and images that either you or we provide.

This website is operated by Glass Photographs and throughout the site, the terms “we”, “us” and “our” refers to Glass Photographs. We offer this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies, and notices stated therein.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY before accessing or using our website. 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 this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

SECTION 1 - ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
By visiting our site and / or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"). These Terms of Service, our Privacy Policy and all other such guidelines, operating rules of policies comprise the entire agreement between you and Glass Photographs and supersede all prior agreements between you and Glass Photographs regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, ORDERING PRODUCTS, UPLOADING IMAGES OR CONTENT, YOU AGREE TO BE BOUND BY ALL TERMS OF SERVICE. This applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. Occasionally there may be information on our site or in the Service 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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 in the Service will be corrected. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right at our own discretion. 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 anytime without notice, at our sole discretion. 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.

SECTION 3 - ELIGIBILITY AND PROHIBITED USES

Use of the Service is void where prohibited. By using this Site, and/or by creation of a Glass Photographs account, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by these Terms of Service.

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.

You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) through the use of our Service.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 4 - MODIFICATIONS TO TERMS AND CONDITIONS

Glass Photographs may change the Terms of Service at any time and without actual notice to you on the website. By using the website or Service after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms of Service or modifications to these Terms of Service, you must stop using the Service. Continuing use of the Service shall constitute your acceptance of the then current version of these Terms of Service.

SECTION 5 - REGISTRATION

You may browse our Site without registering for an account but your access and use of the Site will be governed by these Terms of Service. If you wish to purchase any products, you must register for an account. When you set up your Glass Photographs account, you agree to provide accurate, current and complete information about yourself as required by our registration form, and maintain and update your information to ensure it is accurate, current and complete. You acknowledge that, if information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service. Our Privacy Policy governs our use and disclosure of any such information that you provide.

As part of the account setup and registration process, you may be asked to select a username/email and password. We may refuse to grant you an account for any reason at our discretion, including in the event that we determine that such username is vulgar or otherwise offensive, or protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us promptly of any unauthorized use or disclosure of your password, username or account.

SECTION 6 - PRIVACY POLICY
Information about you is subject to our Privacy Policy. For more information, see our full privacy policy at [link to privacy policy here].

SECTION 7 - DESCRIPTION OF SERVICE
Our Service allows users and potential purchasers (“Users”) to order the creation of glass photographs that display images, photos, graphics or other content (“Images”) they upload. Our operation is digital and completed by means of computer interaction between the Users and our Service. You agree that no Glass Photographs employee, employer, owner or authorized representative is responsible for monitoring any Images, whether uploaded by you or any other user of the Service, neither while on the website, nor after purchase and during the production process. You agree that any orders you submit and your Images will not be checked for content, size, orientation, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User’s control. You agree that you are responsible for checking your order and reviewing submitted or purchased Images during the purchasing process and agree that you have done so.

Aspects that are within the User’s control include but are not limited to: color, size, orientation, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.

While we are not obligated to review the content of your order or any Image, we reserve the right to do so and you are bound by the restrictions as laid out in these Terms of Service.

Should it come to our attention that you have violated the Terms of Service, you agree that we may send you notice of cancellation and your order will be cancelled.

SECTION 8 - USER CONDUCT

Content: You are solely responsible for all Images and any other data, text, software, files or other materials ("User Content") which is transmitted, uploaded, posted, or distributed by you through our Service. You warrant and represent that you own all right, title and interest, or have sufficient permissions, to that Image or User Content and any likenesses contained in that Image or User Content. You agree not to post, upload or request Images to which you do not have the rights or permission. You agree that the Images or User Content that you may provide, upload or post to the Service does not contain any material or content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, indecent, libelous, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of copyright, celebrity, publicity, privacy and intellectual property, or otherwise in violation of any federal, provincial or municipal law, rule or regulation. Our production of a glass photograph based on any Image provided by you or any other use does not indicate that we accept, approve or endorsed the Image or that the Image is in compliance with any applicable laws or these Terms of Service or otherwise absolve you of any liability or harm arising from use of such Image.

We do not own or control the Images or other User Content posted by Users and we do not guarantee the accuracy, integrity or quality of such Images or User Content. You may be exposed to Images or User Content posted by other Users that may be offensive, indecent or objectionable or otherwise in violation of our Terms of Service. We are not obligated, but reserve the right, to monitor, flag or remove any Images or User Content in violation of the Terms of Service. Under no circumstances will we be liable in any way for any Image or other User Content posted by you or any User or third party, including, but not limited to, liability for any errors or omissions in any Image or User Content or for any loss or damage of any kind incurred as a result of the use of any Image or User Content posted, viewed, emailed or otherwise transmitted by you via the Service. Our website is not intended to store your Images or User Content. You are responsible for retaining copies of your Images and User Content.

User Conduct. By using our Service, you agree that you shall not: (1) upload, download, post or otherwise transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation, or use any User information obtained through the Service in order to do any of the foregoing; (2) upload, post or otherwise transmit any code, files or programs that contain any software viruses or is designed or intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to collect, obtain or store User information or other materials from the Service to which you do not have permission; (3) transmit or provide any false or misleading information; (4) disrupt or interfere with the security of or otherwise abuse the Site or the Service or any services, system resources, accounts, servers, databases or networks connected to or accessible through the Service; (5) disrupt or interfere with any other user’s use of the Service, including by overloading, flooding, spamming, or crashing the Site, Service or underlying systems; or (6) use the Service in any manner that would violate any applicable law or could expose Glass Photographs, other users or any other person to liability.

SECTION 9 - INTELLECTUAL PROPERTY RIGHTS

Glass Photographs Intellectual Property. Excluding user-generated Images and User Content, all rights in and to our products and the Site and Service, including all content, graphics, audio, video, photos, trademarks, logos and other material on the Site and its underlying software and technology and processes for the creation of Glass Photographs (collectively, “Glass Photographs IP”), are the property of Glass Photographs, and subject to all applicable Canadian and non-Canadian copyrights, patents, trademarks, and trade secrets and other intellectual property rights therein. Glass Photographs retains all rights, titles, and interests in and to the Glass Photographs IP.

Unless expressly permitted by us, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, sell, or in any way exploit any part of the Glass Photographs IP, this Service or any Image or User Content which does not belong to you or to which you do not have rights. You may not alter, modify, or create derivative works of any of our products. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that we have not expressly authorized.

User Images and Content; Limited License to Glass Photographs. Glass Photographs does not claim any permanent ownership of your Images or any other User Content you submit or make available for inclusion on the Service. However, by providing and uploading any Images or other User Content you grant to us a worldwide, transferable limited license to: (1) host, display and organize the Images and User Content for operation and display of the Service; (2) use, modify, reproduce and distribute your Images as necessary to complete your order and create a product based on your Image; and (3) to reproduce and distribute your Images or images of the final product for promotional and marketing purposes of Glass Photographs. This license includes the Service, Site and any other sites owned, operated or affiliated with Glass Photographs. We will not resell or license your Images or User Content to any third party for commercial purposes without your consent.

You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Images and User Content. You acknowledge and agree that the display or inclusion of Your Image or User Content shall be at our sole discretion and Your Image or User Content may or may not be included on the Glass Photographs website for any reason or no reason at all.

SECTION 10 - INDEMNIFICATION

Upon a request by Glass Photographs, you agree to defend, indemnify and hold the Glass Photographs, its affiliates, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses arising in any way from your use or misuse of the Site or Service, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Images, User Content or other materials by you or Users authorized by you or any violation of these Terms of Service by you (including, but not limited to, any claim that any Image provided by you infringes the rights of any third party). We reserved the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

SECTION 11 - LINKED SITES (THIRD-PARTY LINKS)

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that we are not affiliated with. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

You may be able to link to third parties’ sites from our website. However, we do not review, control, or examine third-party links in any way and we are not responsible for the content, availability, advertising, products or other materials of any such third party links, or any additional links contained therein. These links do not imply Glass Photographs’ endorsement of or association with the third party links.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites. Please review carefully the third-party’s policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - DISCLAIMER OF WARRANTIES

You agree that your use of, or inability to use, the website is at your own risk. The service and all products and services delivered to you through us are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Not limited to the foregoing, Glass Photographs and its affiliates, employees, representatives, successors and assigns, specifically disclaim any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the web site or services; and (2) any warranties of title, merchantability, security, or fitness for a particular purpose.

SECTION 13 - LIMITATION OF LIABILITY

In no case shall Glass Photographs, our employees, affiliates, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

You agree to waive and discharge all claims, release Glass Photographs from all liability and indemnify and hold harmless Glass Photographs, its affiliates, agents, and other employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with your use of the site, service or any products.

Because some provinces, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - MODIFICATIONS TO SERVICE

The prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 15 - APPLICABLE LAWS / JURISDICTION

You agree that these Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Alberta.

We operate the Site and Service from our office in Calgary, Alberta in Canada. We do not represent that materials on the site are appropriate or available for use outside of Canada. Person who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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).