You are granted a revocable license to use the Site and its affiliated services according to the terms and conditions contained herein.
Users: You may not print, republish, upload, post, transmit or distribute content available through the site or in other any manner without our prior written permission. Modification of the content or use of the content for any purpose is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
You further agree that at no time will you, directly or indirectly, engage in, assist, abet, encourage, facilitate or approve the following:
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the site services.
Violate any code of conduct or other guidelines or applicable laws or regulations.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
While GazingSkyward uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the photographers to screen the photographs posted on the web site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can GazingSkyward ensure that all persons depicted in the photographs have consented to the display of their image on this web site. If your photograph appears on this web site without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it to [email protected] with your reason why you would like it removed.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site services and the content made available therein.
You are solely responsible for all content you post on or submit to any forums or message board contained on the site. You are aware and acknowledge that GazingSkyward has no obligation to monitor any forum or message board and you are not relying upon GazingSkyward to monitor the forums or message board. Furthermore, neither GazingSkyward nor the photographers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through GazingSkyward. Any forum or message board shall be used only in a noncommercial manner.
GazingSkyward hereby claims all right, title and interest in the Content and this Site and its affiliated Trademark, Tradename, Domain Name and the Content herein as protected by U.S. and/or Foreign copyright, trademark, and other intellectual property laws, and belong to GazingSkyward or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by GazingSkyward or other copyright owners who have authorized their use on the Site. You acknowledge that you do not acquire any ownership rights by using the site services.
You may not manipulate or alter in any way images or other Content on the Site without specific permission from GazingSkyward. You are specifically prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. You are not permitted to print any images or content from the site.
“GazingSkywardTV” and “GazingSkywardTV.com, the GazingSkywardTV Logo, and other marks are trademarks and/or service marks of GazingSkywardTV. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
GazingSkyward is not responsible for any damage or inability to contact the Site or the Service. GazingSkyward uses reasonable means to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of GazingSkyward. You agree that GazingSkyward shall not be liable to you for any modification, suspension or discontinuance of the Service.
You may not post or publish any content using the web site which: is threatening, obscene, pornographic or profane, or any other material that could give rise to any civil or criminal liability under applicable law. While GazingSkyward does not and cannot review all content provided to it, and is not responsible for such content, GazingSkyward reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable, without notice or compensation or liability. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by GazingSkyward for the purposes of delivering the offered services. GazingSkyward will not be liable for any content provided to it. You acknowledge that you are granting an irrevocable, transferrable license to GazingSkyward to reuse, distribute, transmit, republish or otherwise use for any purpose, commercial or otherwise, with regard to any information or content you post on this site.
NOTICE TO PARENTS/GUARDIANS OF MINORS USING THE SITE. You are solely responsible to monitor the use of any individual under the age of 18 under your care using the site and its services. GazingSkyward does not monitor, track, or otherwise provide any heightened scrutiny to protect any individual under the age of 18 from viewing any content otherwise posted on the site, which could include vulgar language, pornography, or other lewd material. We will review any material you identify as being inappropriate for a general audience by notifying us at [email protected], but note that since this site and its services are intended for a general audience, we reserve the right to permit such content.
TERMS OF SALES
GazingSkyward provides the opportunity for you to purchase photographs (“Product”), GazingSkyward contracts with third parties to produce the Product in the form ordered by You and does not make any direct sale to you. All items GazingSkyward are shipped to you by a third party or their color lab and are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier. GazingSkyward does not handle the order and does not control or process the payment or fulfill the order for shipping.
By Your purchase of any Product, GazingSkyward is providing you a license to use and display the Product for personal and noncommercial uses only in the form purchased by You. You may not reproduce, scan, display, transmit, distribute or otherwise exploit the Product, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of GazingSkyward. You expressly disclaim any copyright, ownership, royalty, or other intellectual property interest in the Product.
You understand that GazingSkyward does not directly process Credit Card payment but contracts with third parties who provide this service. GazingSkyward is unable to answer questions or reverse charges once made by Users, and any order inquiries or cancellations must be made by its Third Party contractor. GazingSkyward is not liable for any actions or charges or extra handling or other fees that may be charged by your bank, credit card company, or processing company on account of your purchase.
You acknowledge that GazingSkyward has a no refund policy. Once an order is placed either on the consumer site or through the GazingSkyward admin area, the purchaser agrees that all sales are final.
In the event of any damages or error that delays fulfillment of any order or request, GazingSkyward’s total and exclusive liability is limited to the fees that it is owed for that order less any costs incurred by GazingSkyward in the processing of that order.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. GAZINGSKYWARD EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER GAZINGSKYWARDTV, TRINITY AVIATION SOLUTIONS LLC. NOR THEIR AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE SERVICES.
GENERAL TERMS APPLICABLE BOTH TO USE AND SALES
You understand that GazingSkyward may prepare images for display on the Internet by slightly reducing the resolution of images and digitally placing an indelible “Proof” mark on the images indicating to the viewer that the photograph is copyrighted material. Users are hereinafter specifically prohibited from any reverse editing or subsequent use of the edited photo
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless GazingSkyward, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, any other GazingSkyward web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions.
Changes to Services. GazingSkyward may at any time, and with no notice or with reasonable notice, change the site services, including eliminating or discontinuing any content or feature of the site services; or impose fees, charges or other conditions for use of the site services. User acknowledges that such may change and shall not rely on GazingSkyward for any service or feature or price.
DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by GazingSkyward or one of its affiliates infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent to [email protected]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Nothing contained herein shall be construed as legal advice and it is not intended as legal advice.
You understand and agree that GazingSkyward may, under certain circumstances and without prior notice to you, terminate your access to and use of the site services, or could cancel an order by refunding any money paid by you less any valid processing fees. Cause for such termination may include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
The Service and the Product sales are directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.