Terms and Conditions
In using this Website, you agree to not:
• Upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this website or otherwise (“Content”) that are unlawful, harmful, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
• Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Upload, download, post, email or otherwise transmit false or misleading information;
• Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
• Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
• Disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites.
Upon uploading Content, you acknowledge that Gopoze may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Gopoze and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Gopoze.
You acknowledge and agree that Gopoze may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Gopoze, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable federal, state, provincial and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Gopoze, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
You will retain ownership of the Content you upload to Gopoze. You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
All brand, product and service names used in this Site which identify Gopoze or third parties and their products are proprietary marks of Gopoze, Inc. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Gopoze or any third party with respect to any such image, logo or name. You shall not make any use of any Gopoze trademarks, logos, or trade dress without prior express and written approval by Gopoze.
Copyright and Intellectual Property Policy
Gopoze respects the intellectual property rights of others and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user’s content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user’s access to our services.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Gopoze or its supplies or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all content on the Site is the exclusive property of Gopoze and protected by U.S. and international copyright laws. Gopoze and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site if you violate this Agreement, for any reason, or for no reason. Upon any such termination, your right to use the Site will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of this Agreement that are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
User Submitted Content
Gopoze welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site (“User Content”) as long as the User Content submitted by you complies with this Agreement.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading in the discretion of Gopoze. You are solely responsible for the User Content you submit, and Gopoze assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to Gopoze a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Gopoze the right to include the name provided along with the User Content submitted by you; provided, however, Gopoze shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Gopoze neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Gopoze will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Gopoze.
DMCA Notice – Notice And Procedure For Making Claims Of Copyright Infringement
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”) or other applicable legislation in other jurisdictions. Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any such claim of copyright infringement.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying Gopoze that your copyrighted material has been infringed. Gopoze does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Gopoze will respond by either taking down the allegedly infringing content or blocking access to it. Gopoze may contact the notice provider to request additional information. Under the DMCA, and similar legislation, Gopoze is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Gopoze a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for legal damages, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a notice regarding copyright infringement, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with legal protocols and/or the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
The notice must:
Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
Be signed; and
Be sent to usat the following address:
Except as expressly provided to the contrary in a writing by Gopoze, the Site, the materials contained therein and the services or products provided on or in connection therewith (the “Services”) are provided on an “as is” basis without warranties of any kind, either express or implied. Gopoze expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the Services, information, that the Site will be uninterrupted or error free, Content and materials on the Site. Gopoze does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof.
Gopoze is not responsible for typographical errors or omissions relating to pricing, text or photography. While Gopoze attempts to make your access to and use of the Site and the Services safe, Gopoze cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.
Limitation of Liability
Under no circumstances shall Gopoze or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if Gopoze has been advised of or should have known of the possibility of such damages. Each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and Gopoze. This allocation is an essential element of the basis of the bargain between you and Gopoze. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s). If you are dissatisfied with the site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.
Indemnification and Defense
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Gopoze and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Colours and Merchandise Content
Gopoze has made reasonable efforts to describe and display as accurately as possible the products, including the colours of products ordered (including without limitation digital images and custom merchandise) that appear on or are displayed on or through the Site. However, Gopoze does not represent or warrant that any such descriptions are accurate, complete, reliable, current or error free. Furthermore, as the actual colours you see will depend on your monitor, Gopoze cannot guarantee that your monitor’s display of any colour will be accurate.
The aspect ratio of the products you order may be different from the aspect ratio of your digital image data which may result in finished products that do not utilize the entire digital image.
Gopoze provides the option to share your finished product or creation on various social media platforms. By sharing, you assume any and all liability related in posting content against said social site’s terms and conditions and you hereby agree to the terms and conditions of any such site. Please refer to each respective site that on which you are sharing your finished product for a complete description of allowed content and their applicable terms and conditions.
User Conduct and Use of Interactive Areas
• Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that would violate or infringe upon the rights of others
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Content that is false and misleading;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Viruses, corrupted data or other harmful, disruptive or destructive files;
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
• Content that, in the sole judgment of Gopoze, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Gopoze or its affiliates or its users to any harm or liability of any type.
Add To Gallery
Gopoze provides incentive based and non-incentive based opportunities to contribute to the Gopoze public gallery. By sharing to the public gallery you agree to allow Gopoze to publicly display your image royalty-free and additional payments free on gopoze.com or any subsidiaries.
15. Applicable Law and Venue
The Site (excluding Third-Party Sites) is controlled by Gopoze and operated by it from its offices in Ontario, Canada. You and GoPpze both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Gopoze explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Except where prohibited by applicable law or as otherwise set out in this Agreement, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to this Agreement; (b) the services provided; (c) oral or written statements, advertisements or promotions relating to this Agreement; or (d) the relationships that result from this Agreement (a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Gopoze related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Gopoze. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Gopoze for your failure to comply with any such laws.
If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder and shall not affect the validity and enforceability of any remaining provisions. Gopoze may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Gopoze, and any such attempted assignment will be void and unenforceable. This Agreement constitutes the entire agreement between you and Gopoze regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Gopoze regarding your use of the Site. The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, have been and shall be drawn up in the English language only.