Terms of Service
Last Updated / Effective Date: 8/6/19
Welcome to Glassboard Studio, a printing service, online store, and website (the “Site”) (collectively, the “Service”). We create and produce Glassboard Studio prints (reverse-printed vinyl backing on glass pieces) from your photos and images. Glassboard Studio prints can be mounted directly to your wall or placed on a stand for your desk or tabletop.
We aspire to do what is right, ethical, and legal in bringing you this Site, and we ask that you use the same judgment as you read, link to, or use our Site and the content hosted on Glassboard Studio. Users of the Site must act ethically and not engage in any activity that Glassboard Studio, in its sole discretion, deems to be gaming or otherwise abusing the Site. Glassboard Studio reserves the right to terminate the account of any member for any reason whatsoever. You can reach us at orders [at] GlassboardStudio [dot] com.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Site, Service, and our products are all provided to you under the terms and conditions of this Glassboard Studio Terms of Service, our Privacy Policy and any user guidelines, operating rules or policies that may be published by Glassboard Studio on the Site or through the Service. These Terms of Service, our Privacy Policy, and all other guidelines, operating rules, or policies comprise the entire agreement between you and Glassboard Studio and supersede all prior agreements between you and Glassboard Studio regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, ORDERING PRODUCTS, UPLOADING IMAGES OR CONTENT, OR USING GLASSBOARD STUDIO, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE HEREIN, REGARDLESS OF HOW YOU ACCESSED THE SITE OR SERVICE.
ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to register as a member of Glassboard Studio. Use of the Service is void where prohibited. By using this Site, and/or by creation of a Glassboard Studio 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.
MODIFICATIONS TO TERMS AND CONDITIONS
Glassboard Studio may change the Terms of Service from time to time and at any time, and without actual notice to you. All such changes to these Terms of Service will be posted on the Site and Service. By using the Site 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 any modifications to these Terms of Service, you must stop using the Site and Service. Continuing use of the Service shall constitute your acceptance of the then current version of these Terms of Service.
REGISTRATION
You may browse the public pages and features of our Site without registering for a Glassboard Studio account; however, your access and use of the Site will be governed by these Terms of Service. If you set up your Glassboard Studio account and register to use the Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form, and (b) maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any 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 address and password. We may refuse to grant you an account for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else; is illegal, vulgar, or otherwise offensive; is 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.
PRIVACY POLICY
Information about you is subject to our Privacy Policy. For more information, see our full privacy policy at https://www.glassboardstudio.com/pages/privacy-policy.
DESCRIPTION OF SERVICE
The primary value of the Service is the ability for users and potential purchasers ("Users") to order the creation of Glassboard Studio prints that display images, photos, graphics, or other content (“Images”) they upload or choose from the Glassboard Studio website. The Glassboard Studio process is totally digital and completed by means of computer interaction alone between the Users and the Service. You agree that no Glassboard Studio employee, employer, officer, owner, agent, 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, mounting option, border selection, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the editor on the Service. You shall be solely responsible for checking your order and submitted or purchased Images during the purchasing process for layout and content and agree that you have done so.
"Realm of Control" refers to any part of an Image that is editable by the User, including but not limited to: color, size, border selection, orientation, mounting option, 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 Glassboard Studio shall have no obligation to review the content of your order or any Image, it reserves the right to do so, and you are bound by the restrictions as laid out in these Terms of Service. Should it come to the attention of Glassboard Studio that you have violated the Terms of Service, you agree that Glassboard Studio may send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned within 90 days of your receipt of notice of cancellation.
USER CONDUCT
Content. You are solely responsible for all Images and any other data, text, software, audio, video, files, or other materials (“User Content”) which is transmitted, uploaded, posted, or distributed by you through the 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 to not post, upload, or request Glassboard Studio prints based on any 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; pornographic; indecent; inflammatory; libelous; tortious; hateful; 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, state, or local law, rule, or regulation. Our production of a Glassboard Studio print based on any Image provided by you or any other user does not indicate that Glassboard Studio accepts, approves, or endorses the Image or that the Image is in compliance with any applicable laws or these Terms or Service or otherwise absolve you of any liability or harm arising from use of such Image.
Glassboard Studio does not own or control the Images or other User Content posted by Users via the Service and does 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 and Artists that may be offensive, indecent, objectionable, or otherwise in violation of our Terms of Service. Glassboard Studio has no obligation, but reserves the right, to monitor, flag, or remove any Images or User Content it believes in violation of the Terms of Service. Under no circumstances will Glassboard Studio 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. The Service is not intended as a storage depository for your Images or User Content. You are responsible for retaining copies of your Images and User Content.
User Conduct. By using the Service, you agree that you shall not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) upload, download, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation or use any User information obtained through the Service in order to do any of the foregoing; (iii) 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; (iv) transmit or provide any false or misleading information; (v) disrupt or interfere with the security of or otherwise abuse the Site, the Service, or any services, system resources, accounts, servers, databases, or networks connected to or accessible through the Service; (vi) 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 (vii) use the Service in any manner that would violate any applicable law or could expose Glassboard Studio, other users, or any other person to liability.
PURCHASES
Color Matching. Glassboard Studio sells its products through the Site and Images and sample products are viewable by users through computers connected to the Internet. These computers may view Glassboard Studio products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform, especially with regards to color. What may look one way on one monitor will look different on another.
You agree that Glassboard Studio does not guarantee that the colors as they appear on your Monitor will look the same as the colors as they appear on the purchased product. Glassboard Studio works hard to make the colors on the screen as true as possible to the printed colors. However, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users. If you are an Artist, you understand that final Glassboard Studio prints made from your Images may not match your original artwork due to such limitations in technical capabilities.
Quality of Images. Glassboard Studio permits users to upload Images onto the Service for use in the fulfillment of your order. You agree that Glassboard Studio is not responsible for the quality of the Images you or any other User upload.
You agree that you alone are responsible for making sure that the quality of the Image you are uploading is of quality high enough to be satisfactory to you at the size you select on the product that you are purchasing. We cannot guess what you may have wanted when you chose or uploaded your image and are not responsible for assessing whether your Image is appropriate or capable of being manufactured at the parameters you have chosen. Images are created and stored in a variety of ways and you agree that Glassboard Studio is not responsible for ensuring quality images for any image file format available on the website.
Production Time. Glassboard Studio works hard to ensure that orders will be produced and exit the Glassboard Studio facility as soon as possible. Anticipated production times are updated frequently, and listed during the ordering process. Special deadlines (e.g. holidays) are published on our website as soon as they are available. However, we make no guarantees as to any delivery times and will have no liability to you for any delay in shipping your product.
You agree that our production time frame may depend on your response time to our inquiries regarding your order and your selection of shipping options and providers.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Glassboard Studio shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Glassboard Studio shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Glassboard Studio shall issue a credit to your credit card account in the amount of the incorrect price.
Shipment. Title and risk of loss or damage to your purchased goods shall pass to you at the time Glassboard Studio deposits such purchased goods with its designated shipper. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Return and Refund Policy
Happiness Guarantee
You have 60 days after purchase of the product to notify us of any immediate issues with the product, should they arise. You agree to send us a photograph of the product, and provide us with information regarding your issues to orders [at] GlassboardStudio [dot] com. We reserve the right to request that your return the product to us and, at our discretion, offer a reprint; issue store credit for items not including shipping; take no action; or, on the rare occurrence (in that we have exhausted all possible solutions and cannot find a resolution), offer a refund. You also agree that a shipping fee may be applied to any reprinted orders that do not fall into the categories of shipping damages or one-year warranty.
One-Year Warranty
You agree that Glassboard Studio does its best to ensure the products it sells are free from manufacturing defects and as such will be guaranteed for one year. If the product fails due to a manufacturing defect during that time, you agree to take a photograph of the failed product and send the photograph or, if requested by us, the original failed product to Glassboard Studio.
Upon receipt of the photograph or the product, Glassboard Studio, at its sole option, will send a replacement of the product or will issue Glassboard Studio credit for the original purchase price paid for the failed or broken product(s). Glassboard Studio store credit can be used on the Service or Site for any purchase. Glassboard Studio will have no liability for any products which have been misused; mishandled; stored or used in extreme environmental conditions; installed, handled, displayed, or used other than in accordance with instructions provided by Glassboard Studio; or intentionally or recklessly damaged by you or any third party.
Glassboard Studio does not guarantee or warrant that its products will work for any unintended purpose or in any set of conditions. You agree that the determination of whether product(s) failure or breakage is due to a manufacturing defect is within the sole discretion of Glassboard Studio.
You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by Glassboard Studio as to the cause of the failure or breakage.
Please note that Glassboard Studio is unable to issue a refund after 90 days of purchase.
Payment. If you wish to purchase any products or services through the Service, we will ask you to supply certain payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to our third party payment processor or us must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. By placing an order, you authorize us to charge your credit card or other payment account. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Descriptions, images, references, features, content, specifications, products, price, and availability of any products or services are subject to change without notice, and our current prices can be found on the Service. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Service.
Acceptance; Availability of Products; Promotions. All orders are subject to our acceptance. We may refuse to accept any order or any portion of an order at our sole discretion. We reserve the right, with or without prior notice, to honor or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and/or to refuse to provide any user with any product or service.
Referral codes can only be used by individuals who have not purchased from Glassboard Studio before and is limited to one code per household. Glassboard Studio retains the right to deny or refuse any credits redeemed through the use of the referral program, especially in cases where a code has been posted publicly, used unfairly, or is tied to suspicious activity. You agree that Glassboard Studio is the sole party responsible in determining the fair use of a referral code, and that you will only use the referral program in the way it was intended to be used.
In addition to these Terms of Service, any contests, sweepstakes, surveys, games, or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from these terms. By participating in any such Promotion, you will become subject to those rules. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.
Not For Resale. The products are provided for your personal, non-commercial use and not for resale without Glassboard Studio’s prior written consent.
Changes To Your Order. Glassboard Studio provides many opportunities to review, revise and cancel the order process before actually placing your order. Glassboard Studio is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products. You agree that Glassboard Studio is not responsible for reviewing, revising, or canceling orders, products or images once an order has been placed. A Glassboard Studio employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so. You agree that you have reviewed your order and that no further additions, corrections, or changes need to be made and that your order is final as is.
INTELLECTUAL PROPERTY RIGHTS
Glassboard Studio Intellectual Property. Excluding user-generated Images and User Content, all rights in and to our Glassboard Studio products and the Site and Service, including all content, graphics, audio, video, photos, trademarks, service marks, logos, and other material on the Site and Service and its underlying software, technology, and processes for the creation of Glassboard Studio prints (collectively, “Glassboard Studio IP”), are the property of Glassboard Studio and subject to all applicable U.S. and non-U.S. copyrights, patents, trademarks, trade secrets, and other intellectual property rights therein. Glassboard Studio retains all rights, titles, and interests in and to the Glassboard Studio IP. The Glassboard Studio trademark and logo is the property of Glassboard Studio.
Unless expressly permitted by Glassboard Studio, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of the Glassboard Studio 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, create derivative works of, or attempt to reverse engineer the Service or any of our products. We are concerned about the integrity of our Site and Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. 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 has not been expressly authorized by us.
User Images and Content; Limited Licensed to Glassboard Studio. Glassboard Studio 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 Glassboard Studio a royalty-free, worldwide, transferable limited license to: (i) host, display, and organize the Images and User Content for operation and display of the Service; (ii) use, modify, reproduce, and distribute your Images as necessary for fulfillment of your order and creation of Glassboard Studio glassboards based on your Image; this license includes the Service, Glassboard Studio Site, and any other Sites owned, operated, or affiliated with Glassboard Studio.
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 in the sole discretion of Glassboard Studio and Your Image or User Content may or may not be included on the Glassboard Studio website for any reason or no reason at all.
INDEMNIFICATION
Upon a request by Glassboard Studio, you agree to defend, indemnify, and hold Glassboard Studio and its affiliates, officers, directors, employees, representatives, successors, and assigns harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services; the uploading, posting, publishing, emailing, 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). Glassboard Studio reserves the right, at its 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 Glassboard Studio in asserting any available defense.
LINKED SITES
You may be able to link to third parties' Sites ("Linked Sites") from the Glassboard Studio Site. Linked Sites are not, however, reviewed, controlled, or examined by Glassboard Studio in any way and Glassboard Studio is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites or any additional links contained therein. These links do not imply Glassboard Studio’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Glassboard Studio be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed or products or services purchased through these Linked Sites. You should direct any concerns to that Site's administrator or webmaster. Glassboard Studio reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE WEBSITE AND SERVICE AND ALL GLASSBOARD STUDIO PRODUCTS ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, GLASSBOARD STUDIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND (II) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE. See above for our return policies for defective or damaged products.
LIMITATION OF LIABILITY
IN NO EVENT WILL GLASSBOARD STUDIO OR ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE OR THE PRODUCTS, EVEN IF GLASSBOARD STUDIO OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE GLASSBOARD STUDIO FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS GLASSBOARD STUDIO, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND OTHER PARTNERS AND 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.
IN NO EVENT WILL GLASSBOARD STUDIO OR ITS SUBSIDIARIES, AFFILIATES, OR PARTNERS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY USER FOR AN AGGREGATE AMOUNT IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE FROM WHICH SUCH LIABILITY AROSE. ANY CLAIM OR CAUSE OF ACTION BY YOU MUST BE BROUGHT WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, GLASSBOARD STUDIO, INC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
NON-PRODUCT SUBMISSIONS
When you submit questions, comments, suggestions, ideas, postings, and material via web forms, contest entries, survey responses, communications, or any other information ("Submissions"), you grant Glassboard Studio permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense such Submissions and to use the Submissions for its product and service development and improvement, all without compensation or attribution to you. You agree that Glassboard Studio will have no obligation to keep any Submissions confidential. You will not bring a claim against Glassboard Studio based on "moral rights" or the likes arising from Glassboard Studio’s use of a Submission.
MODIFICATIONS TO SERVICE
Glassboard Studio reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or any products offered by Glassboard Studio, with or without notice. You agree that Glassboard Studio shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any product.
COPYRIGHTS AND COPYRIGHT AGENT
Glassboard Studio has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA").
If you believe any content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to orders@glassboardstudio.com:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location on the Service, with sufficient detail so that Glassboard Studio is capable of finding it and verifying its existence.
Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent, or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Glassboard Studio will respond to valid DMCA requests within 30 days. In all cases, if you do not hear a response from us within 30 days of submitting a complaint, please email us again at orders [at] glassboardstudio [dot] com to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
Please note that under applicable law, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability for damages.
In an effort to be transparent in removing or restricting access to user-uploaded content, Glassboard Studio may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
After removing access to the material pursuant to a valid DMCA notice, Glassboard Studio will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.
Glassboard Studio reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Glassboard Studio by providing the following information to the Designated Agent at the address above:
The specific URLs of material that Glassboard Studio has removed or to which Glassboard Studio has disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your signature.
Upon receipt of a valid counter-notification, Glassboard Studio will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Glassboard Studio does not receive any such notification within ten (10) days, we may, but shall not be required to, restore the material to the Services.
APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of Utah, excluding its conflicts-of-law rules, shall govern these Terms of Service and your use of the Service. You expressly agree that exclusive jurisdiction for any claim or dispute with Glassboard Studio or relating in any way to your use of the Site and Service shall be in the federal or state courts located in Utah County, Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Glassboard Studio or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
We operate the Site and Service from our offices in Pleasant Grove, Utah in the United States. We do not represent that materials on the Site are appropriate or available for use outside of the United States. Persons 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.
MISCELLANEOUS
Any inquiries concerning these terms and conditions of use should be directed to us via email at orders [at] glassboardstudio [dot] com. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms of Service shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms of Service are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Service. Glassboard Studio may transfer, assign, sublicense, or pledge in any manner whatsoever any of its rights and obligations under these Terms of Service to a subsidiary, affiliate, or successor thereof or to any third party without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
TERMINATION
Either you or Glassboard Studio may terminate your access to the Service and to your account at any time, with or without cause and with or without prior notice. Upon termination for any reason, your right to access and/or use the Service will immediately cease. Upon termination, you will have no further access to any information, files, or materials related to your account, including, without limitation, any User Content or uploaded Images. Upon termination, Glassboard Studio may delete all information, files, and materials related to your account, including any User Content or Images, and you agree that Glassboard Studio shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files, or materials related to your account. In addition, Glassboard Studio shall have no obligation whatsoever to make any such information, files, or materials available to you following a termination of your rights of access to your account.