Terms of Service
GMD Media Inc.
GMD Media Inc. operates http://www.gmdmedia.net
This page informs you of our policies regarding the collection, use
and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and
improving the Site. By using the Site, you agree to the collection and use of
information in accordance with this policy.
Terms & Conditions of Use - GMDMEDIA.NET
Date of Last Revision: February 24, 2015
A. GENERAL TERMS
1. Additional Policies
Subscription Services Terms
GMD Media subscription services (the "Subscription Services") provide an online platform that enables our users to upload and share news and events. ("Photos") or videos ("Videos") using the Services. Photos and Videos may collectively be referred to herein as "Media". By subscribing to or using any Subscription Services, you agree to be bound by and accept Section B below.
Terms of Sale
As set forth in Section C below contain additional terms, conditions and policies applicable to your purchase of Products through the Services. By ordering Products through the Services, you agree to be bound by and accept the Terms of Sale.
GMD Media enables certain users who own or otherwise have the right to license Media (the "Content Owner") to use GMD Media to facilitate the license of their Media to other GMD Media users. Please refer to the terms of your Subscription Plan to determine whether you are a Content Owner with the right to license your Media through GMD Media.
Please note that if you download Media from the Services, you are not automatically granted any license rights by the Content Owner to such Media. Any Media license will be expressly communicated by the Content Owner at the time such Media is downloaded or purchased. If you have any questions regarding Media licenses, please contact us at firstname.lastname@example.org
GMD Media respects the intellectual property rights of others and expects its users to do the same. To that end, all GMD Media users are subject to the Copyright Policy set forth in Section E below.
The Services and all images, software, platforms, tools, graphics, data, text, code, the GMD Media Marks (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the "GMD Media Materials") are the property of GMD Media or its third party licensors and are protected by United States and international intellectual property laws.
You acknowledge that (i) all right, title and interest in and to the GMD Media Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with GMD Media or its third party licensors; (ii) no right or interest in the GMD Media Materials is conveyed other than the limited licenses granted herein; (iii) the GMD Media Materials are protected by copyright and other intellectual property laws; and (iv) GMD Media asserts that the GMD Media Materials embody valuable confidential and secret information of GMD Media or its licensors, the development of which required the expenditure of considerable time and money.
If you are subscribed to premium content, GMD Media or its third party licensors; (ii) no right or interest in the GMD Media Materials is conveyed other than the limited licenses granted herein; (iii) the GMD Media Materials are protected by copyright and other intellectual property to individual users.
You agree that you will not (i) modify or alter the GMD Media Materials; (ii) create derivative works of the GMD Media Materials; (iii) decompile, disassemble, decode or reverse engineer the GMD Media Materials, translate the GMD Media Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the GMD Media Materials or reduce the GMD Media Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the GMD Media Materials.
Except as otherwise expressly permitted herein, you may not use the Services or the GMD Media Materials to engage in any of the following prohibited activities:
- the collection, copying or distribution of any portion of the GMD Media Materials;
- any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the GMD Media Materials;
- modifying or otherwise making any derivative uses of the Services or the GMD Media Materials;
- scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
- with the exception of Media made available by users for download, the downloading of any portion of the GMD Media Materials or any information contained therein; or
- any use of the Services or the GMD Media Materials other than for their intended purposes.
You may create a text hyperlink to the Site, provided such link does not portray GMD Media or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by GMD Media at any time. You may not frame the Site or utilize framing techniques to enclose the Site, GMD Media Materials, GMD Media Marks or other proprietary information without express prior written consent.
As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses ("URLs") that you may customize. GMD Media does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
6. User Content
The Services may enable you to upload, post and transmit Photos and Videos to the Site or other portions of the Services (including to your user photo galleries) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit Photos, Videos, text, music, messages, information or other content or materials (collectively, including Media, the "User Content").
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your Media. GMD Media does not claim any ownership, right, title or interest in and to your User Content.
Notwithstanding the foregoing, by uploading and/or posting any User Content to the Site or otherwise by using the Services, you grant GMD Media a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable GMD Media to provide the Services, including to display the User Content on the Services, to facilitate (at the Content Owner's direction) the license of Photos, or to process the sale of Products through the Services.
7. Acceptable Use; Disclaimer
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
- User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation: Photos, Videos or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of GMD Media, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose GMD Media or its users to any harm or liability of any nature.
8. Your Account
9. Account Security
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other GMD Media users. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.
We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party "hackers" from illegally accessing the Services or their contents. GMD Media is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify GMD Media of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to GMD Media.
10. Third Party Services
GMD Media does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the GMD Media Services. GMD Media makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
11. Advertisements and Promotions
The Services may contain third party advertisements and promotions generated or posted by GMD Media users, GMD Media Vendors or other third party service providers.
Your business dealings or interactions with any third parties, including the GMD Media users or GMD Media Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. GMD Media does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the GMD Media Vendors. GMD Media is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with GMD Media users or a GMD Media Vendor or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
12. DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE GMD Media MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GMD Media DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, MATERIALS, AND THE PRODUCTS.
GMD MEDIA DOES NOT REPRESENT OR WARRANT THAT THE GMD MEDIA MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM GMD MEDIA OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GMD MEDIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. GMD MEDIA ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL GMD Media OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE GMD Media MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM GMD MEDIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GMDMEDIA'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF GMD Media, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE GMD Media MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO GMD Media FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Dispute Resolution
Agreement to Arbitrate & Waiver of Representative Actions
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GMD Media AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION 15, YOU ARE NOT PERMITTED TO USE THE GMD Media SERVICES.
The arbitrator will not be bound by rulings in prior arbitrations involving different GMD Media users but is bound by rulings in prior arbitrations involving the same GMD Media user to the extent required by applicable law. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
YOU AND GMD MEDIA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GMD Media AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GMD Media USERS.
We welcome feedback from our users regarding ideas and suggestions for improvements to the Site, Services and Products. GMD Media will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant GMD Media a royalty-free, sub licensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.
18. International Users
GMD Media is located in the State of California in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with GMD Media occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.
19. Sever Ability
21. Questions or Comments
GMD Media is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at email@example.com
B. ADDITIONAL TERMS APPLICABLE TO SUBSCRIPTION SERVICES ("SUBSCRIPTION SERVICES TERMS")
The Subscription Services are available to users (i) who register for a free trial (when available) or for a subscription to the Subscription Services ("Subscription") and (ii) who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription selected by such user (the "Subscription Plan").
2. Free Trials
Contact Us for a free trial. Offer is available one time her person, limitations may apply. For more info call 651-565-3368 X114
3. Subscription Plans
GMD Media offers a variety of Subscription Plans designed to reflect the diverse needs of our users, each with its own features, descriptions, functionality and terms with respect to the use of the Services. A description of each Subscription Plan that is currently offered by GMD Media is available. By purchasing a Subscription, (i) you agree to pay all applicable Subscription Fees and other charges in accordance with your selected Subscription Plan, pursuant to the renewal and termination provisions described below (including any applicable taxes, such as sales tax), and (ii) you agree that you are only entitled to the features and services applicable to the Subscription Plan that you select at the time you purchase a Subscription.
Each Subscription is personal to the individual GMD Media user. You may not transfer or assign your Subscription to another individual, entity or GMD Media user unless such transfer or assignment is expressly permitted by the terms of your Subscription Plan.
4. Term and Automatic Renewal
Your Subscription is valid commencing on the date in which GMD Media provides you with access to the Services pursuant to its receipt of your valid Payment Information (the "Commencement Date") and will last for the duration of the Subscription term that you select at the time of your registration for the Subscription Services (the "Subscription Term").
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUCCESSIVE SUBSCRIPTION TERMS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR GMD Media PRIOR TO THE END OF SUCH SUBSCRIPTION TERM. SUCH RENEWAL WILL OCCUR AUTOMATICALLY ON THE APPLICABLE ANNIVERSARY OF THE COMMENCEMENT DATE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE END OF THE SUBSCRIPTION TERM THROUGH YOUR ACCOUNT SETTINGS IN THE SUBSCRIPTION SECTION, OR BY SENDING AN EMAIL TO GMDMEDIA@GMDMEDIA.NET PROVIDING CLEAR WRITTEN NOTICE OF SUCH REQUEST. You agree that upon such renewal, the credit card or other designated payment method in your Account Settings will be billed the applicable Subscription Fee for your Subscription Plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your Subscription.
You may upgrade your Subscription Plan at any time during the Subscription Term by notifying GMD Media using your Account Settings. If you upgrade your Subscription Plan, the credit card or other designated payment method in your Account Settings will be billed for the difference in price, pro-rated for the remainder of your Subscription Term.
You acknowledge that the amount of the recurring charge at the time of Subscription renewal may differ from the Subscription Fees you originally paid for the Subscription Services if: (i) the Subscription Fee for your Subscription Plan changes during your applicable Subscription Term, or (ii) if you change your Subscription Plan or Subscription Term during the previous Subscription Term. GMD Media will notify you of any changes to the Subscription Fee prior to the date on which your Subscription Term will renew. You hereby agree to any such revised Subscription Fees and your sole remedy if you disagree with such changes is to terminate your account and stop using the Subscription Services.
GMD Media reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Subscription Services or any portions thereof, including the Subscription Plans and any policies, features and terms applicable thereto. If the Subscription Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by GMD Media, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the Subscription Services may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.
GMD Media WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SUBSCRIPTION SERVICES FOR ANY REASON, OR FOR ANY LOSS OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS ON THE SERVICES.
6. Termination of Services
You may request the termination of your Subscription at any time by canceling your account in the Subscription section of your Account Settings, or by sending an email to us providing clear written notice of such request. When GMD Media receives your termination request, GMD Media will terminate your Subscription and notify you of such termination via email. GMD Media may request additional information from you prior to terminating your Subscription. Your Subscription is not terminated until you receive confirmation of such termination from GMD Media. If you terminate your Subscription, such termination will be effective immediately upon your receipt of such confirmation from GMD Media, regardless of whether there is any period of time remaining in your Subscription Term. By way of example and not in limitation of the foregoing, if you request the termination of your Subscription and you have two months remaining in your Subscription Term, such termination is effective immediately and you will not have access to the Subscription Services for the remaining two months of such Subscription.
All Subscription Fees are nonrefundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.
You may change your email, credit card information or other Payment Information for your account by using the Account Settings available in your user profile. It is solely your responsibility to keep your account information and Payment Information accurate and up-to-date. If the Payment Information for your account is invalid and cannot be billed for the renewal Subscription Fee at the time such Subscription Fee is payable and due, then GMD Media may terminate your account for nonpayment. If GMD Media does not have a current, working email address for your user account, then you may not receive important notices from us regarding your account, including notices regarding termination. GMD Media cannot guarantee that you will receive notice of the termination of your account.
Termination & Forfeiture of Profits
If your Subscription is terminated for any reason (including non-payment of Subscription Fees) or if you no longer qualify for the Profit Program for any reason (e.g., you downgrade your Subscription Plan), you are no longer eligible to participate in the Profit Program. In the event of such termination, GMD Media will pay you any outstanding earned Profit Payments if (i) you have provided GMD Media with valid and current Tax Information and Payment Information and (ii) your outstanding Profit Payment amount exceeds the cost of SmugMug's processing fees for such payment. If you do not provide GMD Media with valid and current Tax Information and Payment Information prior to the termination, cancellation, downgrade or other applicable change to your Subscription, or if your outstanding Profit Payment amount does not exceed the cost of processing fees for such payment, you thereby forfeit and waive your rights to any Profit Payments that you have earned as a participant in the Profit Program. IN THE EVENT OF SUCH FORFEITURE, YOU HEREBY AGREE THAT GMD Media WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS OR OTHER FEES OR PAYMENTS RELATED TO OR OTHERWISE ARISING OUT OF THE FORFEITURE OF YOUR PROFIT PAYMENTS.
You are responsible for all costs and expenses incurred in connection with your performance of any activities related to the Profit Program, including, but not limited to, compensation, bonuses, and benefits, if any, for your personnel, and any and all taxes, fees, duties, tariffs or charges that may be imposed on you in connection with your participation in the Profit Program. As such, you acknowledge that any Profit Payments belong to you and not to GMD Media. The Profit Payments represent the only compensation payable by GMD Media to you in connection with your participation in the Profit Program and no other compensation of any kind is payable to you for participating in the Profit Program. In certain jurisdictions, GMD Media may be required to withhold, collect and/or remit certain sales or other taxes in connection with the purchase of Products or your participation in the Profit Program and any such taxes will reduce the Profit Payments you receive.
C. ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")
GMD Media facilitates your purchase of Photos, Videos or Products through the GMD Media Services through its relationships with the GMD Media Vendors. If you purchase Photos, Videos or other Products through the GMD Media Services, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by such GMD Media Vendors and SmugMug's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
1. Pricing; Payment Terms
In order to purchase Products through the GMD Media Services, you are required to provide valid Payment Information as required by GMD Media. GMD Media may terminate your order for Products and take such other action as appropriate if we are unable to process your Payment Information and you do not provide an alternative form of payment upon SmugMug's request. You agree to reimburse GMD Media for any and all costs incurred in collecting amounts owed by you to GMD Media or a GMD Media Vendor, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that GMD Media may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and GMD Media reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, GMD Media may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
2. Product Downloads; Shipping Terms and Policies
If you purchase a Video or Photo download, such download will be made available to you through the Services upon receipt of your valid Payment Information.
3. Return Policy
Any Products that you purchase through the Services. If you are unsatisfied with any Photos, Videos or other Products you have purchased from GMD Media, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer.We issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact GMD Media.
Please do not contact your credit card company to dispute a charge before contacting GMD Media. We put our customers on the highest level of support right away.
4. Product Availability and Pricing
GMD Media or the GMD Media Vendors may revise or discontinue Product options at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.
5. Product Descriptions; Pricing; Errors
GMD Media strives to maintain accurate information in the Services and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Videos, pricing or other GMD Media Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color, please note that the actual color you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. GMD Media or a GMD Media Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by GMD Media is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
6. Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND GMD MEDIA'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND GMD Media EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
D. LICENSE AGREEMENT
These License Agreement terms apply to Content Owners who have subscribed to a Subscription Plan granting such Content Owner the ability to license Media through the use of the Services. Certain GMD Media Pro users may be entitled to license digital versions of such user's Photos or Videos to other GMD Media users for an applicable license fee under the terms of such user's Subscription Plan.
E. Copyright Policy
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, GMD Media has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. GMD Media may also, at its sole discretion, limit access to our website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. GMD Media will respond to claims of copyright infringement committed using GMD Media that are reported to Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the GMD Media Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Designated Copyright Agent.
Upon receipt of the Notice as described below, GMD Media will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the GMD Media Services.