By using the website layer-lab.com or the App (LAYER-LAB for Photoshop) created by Alpha3 Images Inc. (hereinafter "Alpha3", We" or "Us") and/or by ordering images and other products online (hereinafter a "Work") from Alpha3, you (here in after "You" or "Your") agree that the present terms (hereinafter "Terms") constitute a binding contract between You and Alpha3 governing the licencing (here in after "Licencing") of the Work to You by Alpha3 and Your use of the Website and/or our App (Adobe Photoshop Extension panel).
USE OF THE WEBSITE & APP
In using the Website, you agree not to:
- use the Website to send spam, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
- make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer, mobile device, or property of another;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party's use and enjoyment of the Website;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual relationship with Alpha3 or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorized access to the Website, other accounts, computer systems
or networks connected to the Website through hacking, password mining or any other means;
- illegally download the images contained on the Website or use the images or Works in a manner other than provided for in the Licencing Agreement;
ACCESS TO APP ( ADOBE PHOTOSHOP EXTENSION PANEL )
Alpha3 may block or prevent You from accessing the LAYER-LAB 's App at its discretion. Furthermore, Alpha3 does not guarantee your continuous access to the APP at all times, nor does it guarantee the that the content published on the App is correct of free of errors. The content published on the App is provided for informational purposes only and Alpha3 makes no representation or warranty in regards to the content. It is your responsibility to ensure that you have a sufficient high-speed internet connection and hardware capable of allowing you to access the App, Your Account, and to download images, templates, as the case may be.
The App (Adobe Photoshop Extension Panel) allows You to create a "Layer-Lab" user account (hereinafter "Your Account") in order to access and use certain services provided by Us. If you decide to create Your Account, you represent and warrant that the information you provide concerning Your Account, including e-mail addresses, and personal information is complete and accurate. In the event that your information changes, you undertake to update Your Account accordingly, otherwise certain functionalities of the App or Your Account may not be available to or accessible by You. Furthermore, You are solely responsible for the security of your password and usernames related to Your Account. You undertake at all times to maintain the security of Your password and Your username and to not transfer them or provide a third-party access to Your Account.
The App (Adobe Photoshop Extenstion panel), including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both Canadian and other applicable copyright, trademark and other laws. The App is the property of Alpha3 and nothing in the present Terms grants you any right, title or interest in the App except as expressly set out herein. Any distribution, reprint or electronic reproduction of any part of the Website or our App is expressly prohibited without Alpha3's prior written consent. You agree not to use, nor permit any third party to use, the Website and the App in a manner that violates any applicable law, regulation or these Terms.
LINKS TO THIRD PARTY SITES
Alpha3 has not reviewed the links to external web sites that may be accessible through the Website and you acknowledge that Alpha3 is not responsible for the content of any such linked sites, which may include advertising. The inclusion of any link does not imply endorsement by Alpha3 of the site. Use of any such linked web site is at your own risk.
All Work prices are indicated in USD currency or American dollars, as the case may be. Prices are liable to change without notice and at Alpha3's discretion.
TAXES AND DELIVERY FEES
Prices exclude taxes, transportation costs and delivery fees. If applicable, it is Your responsibility to pay any taxes, fees, and duties relating to the Work. Any taxes, fees, or duties, shall be clearly indicated to You before You finalize any order of Work from Alpha3.
Any Work licenced to You are delivered in a downloadable format on the App (Adobe Photoshop Extension Panel) It is Your responsibility to ensure that you have a high-speed internet connection and up-to-date hardware and operating systems capable of receiving the licenced Work.
NO GUARANTEE AND LIMITATION OF LIABILITY
Subject to applicable law, Alpha3 does not guarantee that the Work licenced to You are designed for a special purpose or a specific application. It is Your responsibility to ensure that the Work corresponds to the desired use and to implement security measures required for their use. Alpha3 is not responsible for damages caused by misuse of the Website, andd App (Adobe Photoshop Extension Panel) or of the Works out of the scope of the Licence. Furthermore, to the extent permitted by law, you agree that Alpha3 shall not be liable for any damages and You hereby waive all claims that you may have against Alpha3 for damages, whether direct, indirect, consequential, or exemplary nor any damages for loss of profits or revenue, or loss of commercial information, or other financial loss relating directly or indirectly to Your use of the Website or Your App Account, even if Alpha3 was advised of the possibility of such damages. Subject to applicable law, and without limiting the generality of the foregoing, in no event shall Alpha3's liability exceed the price paid by You for the licenced Work.
INDEMNIFICATION BY YOU
Subject to applicable law, You undertake to indemnify and hold harmless Alpha3, its affiliates, customers, contractors, employees, directors, officers, consultants and other representatives from all liability, claims, actions, proceedings, losses, expenses or all damages (including all costs and judicial and extrajudicial fees) caused or related to the use of the Website, our App (Adobe Photoshop Extension Panel) or Your Account by You, Your affiliates, related entities, contractors, customers, employees, directors, officers, consultants and other representatives.
Alpha3 cannot be held responsible for any fine, fee, levy, costs or claims arising from third parties resulting from the export of Work outside of Canada.
Subject to applicable law, all units of measurement, such as weight and dimensions of the Work are approximate.
The present Terms are governed by and construed in accordance with the laws of the Province of Quebec. Alpha3 and You agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec. In addition, the implementation of the United Nations Agreement on Contracts for the International Sale of Goods is excluded.
Alpha3 reserves the right to modify the present Terms by posting the new terms and conditions on the Website or APP. Your continued use of the Website or APP for Your Account following such modifications constitutes Your acceptance of the modified Terms.
The silence, negligence or delay of Alpha3 to exercise a right or remedy under these Terms shall not, under any circumstances, be interpreted or construed as a waiver of its rights and remedies; Alpha3 may exercise its rights as long as the contractual or legal prescription provided for the exercise of such right or remedy has not expired. No waiver of the Terms shall be valid unless in writing and signed by a duly authorized representative of Alpha3. Such waiver shall not constitute a waiver of any other provision.