1. APPROPRIATE USE OF THE SERVICES
Glyptic Visions provides the services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to
provide such services.
2. PAYMENT OBLIGATIONS
Full payment is required from Client before any Service is rendered, which
includes renewals. All payment-due notices will be sent by electronic mail. No
bills or invoices will be sent by postal mail or fax.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Glyptic Visions be liable to any third
party for Client's breach or alleged breach of any of the terms and conditions
set forth in this Agreement. Client agrees to defend, indemnify and hold
harmless Glyptic Visions from any and all expenses, losses, liabilities,
damages or third party claims resulting from Client's breach or alleged breach
of any Client obligations set forth hereunder.
You agree to use all Glyptic Visions services and facilities at your own risk. Glyptic Visions specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Glyptic Visions be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold Glyptic Visions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Glyptic Visions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, it’s agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Glyptic Visions against liabilities arising out of:
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Glyptic Visions services;
(2) any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from Glyptic Visions’ servers.
Glyptic Visions shall be the sole judge of what violates this Policy.
4. TERM, TERMINATION & CANCELLATION
Subject to the terms and conditions hereof, this Agreement shall be effective
on the date you register for the Services ("Billing Cycle Date"), and
shall automatically renew and continue in effect for the period of time
selected during the signup process ("Billing Cycle") or specified by
separate agreement or unless terminated earlier pursuant to the provisions of
this Section 4. Either party will have the right to terminate this agreement;
however, notification of termination must be received at least ten business
days prior to your billing cycle date in order to avoid charges in full for the
next billing cycle. If Client is terminating this agreement, Client must
request cancellation by emailing the Glyptic Visions billing department. Glyptic
Visions will respond with a cancellation email, which Client shall retain as
proof of termination. It is the Clients responsibility to secure email
confirmation from Glyptic Visions that account has been cancelled. If the
Client has not received email confirmation of account cancellation, then the
account remains active, and you will continue to be invoiced. If Client has a
balance due at the time of termination, this balance must be paid in full.
Termination does not absolve Client of any outstanding financial obligations.
All Client cancellation requests will become effective within 30 days after
termination notice has been provided to Glyptic Visions. Any other attempt by
Client to cancel this agreement by written or e-mail notice shall be void.
Sections 3 - 8 shall survive termination or expiration of this Agreement. In
case that the Client's continuing usage of the service is jeopardizing the
stability of Glyptic Visions’ service to other clients, Glyptic Visions reserves
the right to immediately terminate this agreement.
5. PRICE CHANGES.
Glyptic Visions reserves the right to change the price of any services at any
time with a 30 days notice to current Clients. Currents Client will not be
affected by any price change throughout any existing contract ("Billing
Cycle") period.
6. TAXES
Client will pay and indemnify and hold Glyptic Visions harmless from any and
all taxes associated with or arising from Client's use of the services, including
any penalties and interest and any costs associated with the collection or
withholding thereof.
7. DISCLAIMER OF WARRANTY
THE SERVICES, THE Glyptic Visions SITE, INCLUDING WITHOUT LIMITATION, ALL
PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Glyptic Visions SITE, AND ALL
TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. Glyptic Visions DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, Glyptic Visions SPECIFICALLY DISCLAIMS ANY
WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS
WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND
(4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL Glyptic Visions BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF THE Glyptic Visions SITE OR ANY Glyptic Visions PRODUCTS
OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR
SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Glyptic Visions’ CUMULATIVE
LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).
If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This agreement (including the exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Glyptic Visions. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This agreement is made under and shall be governed by the laws of the United States of America and Canada, except with regard to their conflict of law rules. This agreement and Glyptic Visions’ policies are subject to change by Glyptic Visions without notice. Continued usage of the services after a change to this agreement by Glyptic Visions or after a new policy is implemented and posted on the Glyptic Visions site constitutes your acceptance of such change or policy. We encourage you to regularly check the Glyptic Visions site for any changes or additions.