Conditions of Use of ACT LABS Custom Gear or Custom Graphic Unit ("CGU") ...
By clicking the "confirm" button, you have approved the graphics to be affixed to the product or products (“Service” or “Services”) you are going to order from our shopping cart, under the following terms and conditions.
ACT LABS Ltd (or "ACT LABS", or "we" or "us" below ) including FUNC-PADS.com reserves the right to change these Terms from time to time. This copy is dated as of Feb 28th,2008.
Your submissions
Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:
*Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. ACT LABS recommends you use an adult-content warning label when pictures are being shared that include legal adult content;
*Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
*Any material sent from an anonymous or false address.
While ACT LABS is not responsible for the content of the submissions, ACT LABS reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. ACT LABS may request confirmation of the copyright or trademark ownership from the submitter. ACT LABS reserves the right to suspend the shipping of an order before such confirmation is received. If ACT LABS does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, ACT LABS reserves the right to share certain account information with governmental organizations or other third parties. If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, ACT LABS reserves the right to suspend production and shipment of the products until this has been resolved. In addition, you warrant that all moral rights in any uploaded materials have been waived.
Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient.
ACT LABS will not be liable for the content of any submission.
Copyright notice
ACT LABS is committed to protecting photographers copyrights. Each image submitter is required by Canadian law to own the right to or to obtain permission to use any image before the image is uploaded or printed at ACT LABS. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.
Customer Service
ATTN: Licensing
ACT LABS Ltd
Canada V6V 2K9
Email: orders@ACT-LABS.com
Unauthorized Use of Copyright Materials
Should Customer knowingly or unknowingly submit copyrighted material to the ACT LABS Custom Graphic Unit (“CGU” ) Uploader, and if ACT LABS representatives shall discover the submission, the following will occur:
* All processing of customer’s order shall cease;
* ACT LABS will notify customer of the unauthorized submission;
* ACT LABS will not refund customer the funds submitted, if there is cost or works incurred at ACT LABS
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us at customer support
orders@ACT-LABS.com
Copyrighted material and software
All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
Privacy policy
When you create an account with ACT LABS, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.
Indemnification
You agree to indemnify, defend and hold harmless ACT LABS, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the provincial and federal laws of the
Export
You are responsible for compliance with all local laws, and you are required to comply with
Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH ACT LABS’S SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACT LABS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACT LABS MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACT LABS MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH ACT LABS SITE OR ADVERTISED THROUGH ACT LABS SITE.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ACT LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ACT LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE ACT LABS.S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through ACT LABS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.
