UPDATED JANUARY 1, 2019
These Terms of Service are a legal agreement between you (“you” or “your”), and Classic Stills LLC (“we”, “us”, “our”, or “Classic Stills”). This agreement states the terms and conditions that govern your use of this website (“Site”), and your purchase of the products (“Prints”) sold on this Site. By accessing and using the Site, you are indicating that you accept, and agree to comply with, these Terms of Service. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Site or purchase Prints (as defined below) from the Site.
This Site is operated and owned by Classic Stills. Classic Stills offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell Prints to you.
SECTION 1 - CONTENT
Subject to your compliance with this agreement, Classic Stills hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Classic Stills or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
SECTION 2 - ELIGIBILITY
By making a purchase, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this agreement and to fully indemnify, release and hold harmless Classic Stills if your child breaches or disaffirms any term or condition of this agreement.
SECTION 3 - ACCOUNTS AND PASSWORDS
If you create an Account on our Site, you are required to create a password to enable you to access and use certain portions of this Site. Each time you use a password, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service. Classic Stills has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Classic Stills of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
You agree to provide accurate, current, and complete information as required for creating an account. Classic Stills reserves the right to block anyone who provides false, inaccurate or incomplete data.
SECTION 4 - PAYMENT METHODS
Classic Stills accepts credit card payments only. You are responsible for paying any sales and use taxes and shipping and handling fees that may apply to purchases based on the address that you provide as the shipping address, and you authorize Classic Stills or the third-party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping a Print. If your credit card cannot be charged for any reason, Classic Stills reserves the right to terminate these Terms of Service. All sales and payments will be in US Dollars.
Classic Stills and Classic Stills’ third-party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Classic Stills and Classic Stills’ third-party payment service provider at the election of your credit card issuer. Neither Classic Stills nor Classic Stills’ third-party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
SECTION 5 – FURTHER DISTRIBUTION OR RESALE
You may not purchase Prints for further distribution or resale or for any other commercial or business purpose. All rights and privileges conferred are personal and non-transferable.
SECTION 6 - SHIPPING
Shipping dates are estimates only. The risk of loss and title for all Prints obtained via the Site pass to you upon delivery of the item by the carrier.
SECTION 7 - TAXES
Your total price will include the price of Prints plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Print. We will charge tax only in states where goods sold over the internet are taxable.
SECTION 8 - INTERNATIONAL USE
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
SECTION 9 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 10 - MODIFICATIONS TO THE TERMS OF SERVICE
Classic Stills may modify the Terms of Service without notice at any time. When changes are made, the revised Terms of Service will be available on this webpage. The top of this page displays the date that revisions were last made. You should revisit these Terms of Service on a regular basis. Revised versions will be binding on you. Any modifications will be effective immediately upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
SECTION 11 - PRODUCTS
Prints are available exclusively online through the Site. Prints have limited quantities and are subject to return or exchange only according to our Returns Policy. To view our Returns Policy, click here.
We have made every effort to display as accurately as possible the colors and images of the Prints that appear on our Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Prints to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Print that we offer. All descriptions and prices of Prints, and prices of shipping are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Print at any time. Any offer for any Print made on this Site is void where prohibited.
We do not warrant that the quality of any Prints, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our services will be corrected.
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 12 - ELECTRONIC COMMUNICATIONS
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
SECTION 13 - PROPRIETARY RIGHTS
You hereby acknowledge and agree that Classic Stills owns all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist on the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Classic Stills is a trademark of Classic Stills in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this agreement, all information and screens appearing on this Site, including Content, Site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Classic Stills, Copyright © 2019 Classic Stills LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 15 - THIRD-PARTY LINKS
Certain Content, Prints and services available may include materials from third parties.
Third-party links on this Site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 16 - COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
Classic Stills specifically prohibits the posting of any Content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Classic Stills will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Classic Stills, 11715 Bellagio Road, Los Angeles, CA 90049
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact us with any questions or concerns in connection with these Terms of Service or the Site, or to provide any notice under these Terms of Service.
SECTION 17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
SECTION 19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your Account and use of the Site or any related website for violating any of the prohibited uses.
SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. All Prints delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Classic Stills, our directors, officers, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any Product procured using the Site, or for any other claim related in any way to your use of the Site or any Print, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any Content posted or transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Classic Stills and our parent, subsidiaries, affiliates, partners, officers, members, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 22 - TERM; TERMINATION
These Terms of Service are applicable to you upon your accessing the Site.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service at any time by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and General Terms, shall in all events survive any termination of these Terms and your use of the Site.
SECTION 24 - LAWS
Your use of the Site is governed in all respects by the laws of the state of California, USA, without regard to choice of law provisions, except to the extent that federal law applies. These Terms of Service evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms of Service or your use of the Site and Classic Stills’ services must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Service including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms of Service, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
These Terms of Service constitute the entire agreement between you and Classic Stills with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service. Classic Stills may assign its rights and duties under this agreement to any party at any time without notice to you.
SECTION 25 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 26 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 27 - GENERAL TERMS
SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.