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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on February 22nd, 2010.
This Terms of Use Agreement sets forth the standards of use of the Giclee Studio Online Service (the Service). By using the Giclee Studio/Prophotogiclee.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Prophotogiclee.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. You are under a continuing duty to inform yourself of the amendments and modifications of this Agreement prior to each use of the Service. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Giclee Studio is providing Member with digital printing. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
(A) Disclaimer of Warranties.
The Service provided on the site by Giclee Studio are provided on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Giclee Studio makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Giclee Studio shall have no liability for any interruptions in the use of this website. There is no warranty of preservation from loss, corruption, alteration, modification or damage to any works provided by a Member to Giclee Studio for storage of any other use on the site. The Member has an independent duty to archive, maintain and preserve, if at all, any works provided by Member to the Service. Giclee Studio disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
(B) Warranties of Member
By providing a work to the Service you represent and warrant that you have all the rights necessary in the work to provide the same to the Service for the intended purposes of this Agreement. Failure to enjoy all the necessary and sufficient rights in the work, shall subject you to the indemnification terms below and to such further relief as may be just to make the Service whole for any insufficiency of rights owned, licensed, held or enjoyed by the Member in the work, including without limitation all and any special, indirect, consequential or incidental damages, or damages from lost profits, loss of revenue, or loss of use to Giclee Studio arising out of or related to such insufficiency. Providing a work to the Service does not constitute a transfer to Giclee Studio of any part of the title in the work.
2. Limitation of Liability
GICLEE STUDIO SHALL NOT be liable for any damages whatsoever, and in particular GICLEE STUDIO shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if GICLEE STUDIO has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS are INAPPLICABLE.
3. Indemnification
Member agrees to indemnify and hold Giclee Studio, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property, trade secret, trademark, right against unfair competition, copyright, moral rights of authorship or any other right of any person or entity.
4. Modifications and Interruption to Service
Giclee Studio reserves the right to
modify or discontinue the Service with or without notice to the
Member. Giclee Studio shall not be liable to Member or any third
party should Giclee Studio exercise its right to modify or
discontinue the Service. Giclee Studio has no duty to maintain the
confidentiality of, secrecy of, if any, or to preserve or maintain
the storage of any work provided to it by the Member or any
derivation therefrom and may at its sole discretion destroy any and
all works or derivations of the same given to it for the Member or
provided by the Service to the Member. Member acknowledges and
accepts that Giclee Studio does not guarantee continuous,
uninterrupted or secure access to our website and operation of our
website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
5. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Giclee Studio makes a reasonable effort to ensure that no information on this website is intentionally inaccurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Giclee Studio makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
6. Governing Jurisdiction of the Courts of California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
7. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
8. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Giclee Studio with all rights reserved. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Giclee Studio is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Giclee Studio.
Giclee Studio and Prophotogiclee.com are proprietary marks of Giclee Studio. Giclee Studio trademarks may not be used in connection with any product or service that is not
All other trademarks displayed on Giclee Studio’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Giclee Studio.
9. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Giclee Studio designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Giclee Studio 3855 East Mira Loma Avenue, Anaheim, CA 92806
By Telephone: 714 996 2100
9. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Giclee Studio, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.