- BY CONTINUING TO USE THE GAPC SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS as follows.
- 1.2 Termination. You agree that GAPC, in its sole discretion, may terminate your account (or any part thereof) or use of the site, password and remove and discard any images you may have contributed to the site, at any time for any if deemed at GAPC’s sole discretion that you have violated the Terms.
- 2.1 Eligibility. GAPC will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18 you may use GAPC only under the supervision of a parent, or legal adult guardian who agrees to be bound by these Terms.
- 2.2 User Account, Password, and Security. Upon creating a user account, you agree to provide GAPC with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the Site's registration process. You are responsible for all activities that occur under your password or account. GAPC cannot and will not be liable for any loss or damage arising from your failure to comply with this item.
- 2.3 Digital Pictures and Images. All content, quality of the media, (digital files, graphics or artwork) submitted to GAPC is the responsibility of the customer and GAPC will not be held liable. Please be sure to send your digital file, DVDs, CD ROMs, or other forms of file transfer in protected non bendable envelope or package and use a traceable form of shipping such as UPS or FedEx.
3.0 USER ETIQUETTE
- 3.1 Digital Files. All content, quality of the media, (digital files, graphics or artwork) submitted to GAPC is the responsibility of the customer and GAPC will not be held liable. Please be sure to send your DVDs, CD ROMs, or other forms of file transfer in protected non bendable envelope or package and use a traceable form of shipping such as UPS or FedEx.
- 3.2 Written Permissions. It is assumed by GAPC that all third party rights include: Written permission of owner’s copyright, logos, trademarks, private materials, patents or intellectual property has been obtained by the customer and will not be verified by GAPC or officers, subcontractors, Resellers or agents of GAPC.
- Decline Images. GAPC reserves the right to decline images submitted for reproduction which are deemed illegal in content, pornographic, commits libel or slander, contains discriminatory content or violates civil rights of any kind.
- 3.4 Bugs. Users of the GAPC glass print services agree not to submit any file that contains computer worms, viruses, spy ware or anything that will disrupt GAPC software, hardware, or servers.
- 3.5 Faulty Images & Instructions. GAPC assumes no responsibility for orders placed with incorrect instructions or files. If an error is the result of actions taken by GAPC the order will be re-printed or all money will be refunded.
- 4.1 Copyright Ownership. You, the customer, certify that you own the copyright for the uploaded photos or mailed images, OR, you're authorized by the photo owner to make and use a glass art print reproduction.
- 4.2 Model Release. If models are included in the images, you, the customer are responsible for all model releases.
- 4.3 Gallery. All our gallery items are the exclusively licensed by the GAPC and may not be reproduced or published in whole or in part by any process whatsoever for any reason whatsoever without the written permission of GAPC. Commercial use of any pictures in our online galleries would constitute copyright infringement and might infringe other rights.
- 4.4 Ownership. Any content uploaded to GAPC remains the sole ownership of you, the customer. GAPC retains no inherent rights to the images.
- 5.1 Prices. Prices for products on GAPC are described on our Site and incorporated into these Terms by reference. All prices are in Canadian Dollars.
- 5.2 Price Changes. Prices and products may change at GAPC discretion and without notice.
- 5.3 Promotional Pricing. From time to time, the GAPC will provide promotional pricing and incentive programs. Once a purchase is made, no discounts can be applied after the fact. Promotions are for a specific time period and not retroactive.
- 6.1 Shipping. All items purchased through GAPC web site are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on GAPC’s shipment to the shipping carrier.
- 6.2 Partial Orders. We reserve the right to ship partial orders (at no additional cost to you), but GAPC always intends to ship orders complete.
- 6.3 Damaged Shipments. Immediately report receipt of any damaged shipments. Contact customer service with details of all damages and provide pictures of the packaging and damaged goods.
7.0 WARRANTY DEFINED
- 7.1 Warranty. GAPC offers a 100% satisfaction guarantee that your glass art print will be free from defects with consideration for natural glass issues such as bubbles or natural conditions of the glass, unless said conditions impede proper viewing of the glass art print.
- 7.2 Upload Your Own or Custom Images. The company cannot accept returns as a result non-faulty goods because the products have been personalized or customized specifically for you. GAPC assumes no responsibility for orders placed with incorrect instructions or files. If an error is the result of actions taken by GAPC the order will be re-printed or all money will be refunded.
- 7.3 Color Matching. While every effort will be made to ensure that your colors are as accurate as possible, please be advised that slight color variances may occur with the glass printing process. GAPC uses state-of-the-art color matching technology, however, standard computer monitors vary in there settings and in their ability to display the true color of a digital photograph, and likewise, GAPC’s ability to perfectly match certain colors is simply not possible. Should the color matching process not meet your requirements, a refund, reprint or alterative solution will be arranged.
- 7.4 Returns. We accept returns. Due to the significant overhead costs associated with producing glass art prints, GAPC does accept returns, but there must be a proven deficiency in the glass art print. Customers have fourteen (14) days to return their print. You are responsible for shipping the glass art print back to GAPC, and for the costs associated with that shipment. Shipping and handling costs are non-refundable.
- 7.5 RMA #: All return orders must be accompanied by an RMA (Return Materials Authorization) number. RMA #s will be provided by the GAPC Customer Service representative. Returns will not be accepted without RMA #.
You agree to defend, indemnify and hold GAPC and GAPC's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
10.0 NO RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without GAPC 's express written consent.
These Terms shall be governed by and construed in accordance with the laws of the province of British Columbia, without resort to its conflict of law provisions. Any dispute with regard to these Terms shall be submitted to one arbitrator for arbitration in Vancouver, BC, Canada. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party.
12.0 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL GAPC OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING GAPC OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.