Legal Terms
Short and to our understanding:
To be on the safe side of the fence, we advise our clients and potential clients, as well as those who navigate on this website, to be aware of some few simple things.
All of the content and the images presented here represent our work, exclusively, and as such they cannot be in any way reproduced except with our prior consent. The drafts offered for review or any information sent out from us embeds a digital watermark, more or less visible. The client/user is not authorized to use even parts of the picture that could trim out the digital watermark, unless we authorize this clearly. Once our job is done the client receives usage rights of the final product in full, as the watermark is removed. Clearview Media reserves the right to occasionally keep a product copy, solely for marketing and advertising the agency’s services.
We invest a lot of enthusiasm in what we do, and we stand behind each and every one of our products. Thus, we have the determination and the resources to track down any illegal distribution of our work. If you still care to test our observation, we suggest you have a lawyer ready, one who is aware of the following legal terms, this time detailed in long and to his understanding:
IN ORDER TO USE THIS WEBSITE AND SERVICES DESCRIBED HERE IT IS MANDATORY TO READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS. BY NAVIGATING ON THIS WEBSITE YOU AGREE WITH THESE TERMS AND CONDITIONS. THE SERVICES THAT THE WEBSITE ADVERTISES ARE AVAILABLE TO AGE 16 AND ABOVE. FOR 16 AND BELOW PARENTS’ CONSENT IS NECESSARY ON NAVIGATING THE WEBSITE AND THEIR WRITTEN CONSENT IS MANDATORY TO BENEFIT FROM SERVICES ADVERTISED HERE.
1. Definitions
1.1 Clearview Media Production & Design (“Clearview Media”) is a communication and advertising agency dedicated to offering photography and advertising services as specified on this website. Clearview Media is represented by all logos and associated symbols and combinations of these with any word or graphic symbol used on this website. Clearview Media is a registered business in Ontario, Canada.
1.2 Client is anyone who solicits one or more services clearly stated on the website or not stated on the website and stipulated in client’s agreement with Clearview Media.
1.3 Site is www.clearviewmediapro.com and www.clearviewmediapro.ca, the latter being redirected to the former.
1.4 Theft is fraudulent use of a Product – image or part of an image, draft or part of a draft, or of the Site or part of the Site, unauthorized by Clearview Media – and is against the Provincial laws.
1.5 Product is the graphic artwork solicited by the Client, finalized and delivered by Clearview Media with the digital watermark removed.
2. Clearview Media Obligations
2.1 Clearview Media and its providers are not responsible for any damage, financial or other, data loss or other loss resulted from delays, typographic errors, unanswered orders, and mail loss, cased by events that are beyond Clearview Media control, its providers or by Client omission errors. Clearview Media deny any allegation or warranty that:
a) The Product will be free from error not pertaining to Clearview Media Control.
b) Potential damages for which Clearview Media is not at fault will be fixed after this agreement is due and Clearview Media and the Client are no longer in any form of collaboration.
c) Communication with the Client is virus free or free from other components which can produce harm to users. Clearview Media seeks continuous efforts to ensure virus free transmission to Client and third parties.
2.2 under no circumstance Clearview Media can be held responsible for any type of direct or indirect loss caused by or related to any sort of Product usage or Product quality, this Site or other sites linked to this Site.
3. Client Obligations
3.1 Client agrees to limit the use of Product to legal usage. Client consents that will not:
a) Edit, copy, distribute, transmit, display, publish, reproduce, grant licenses and copyright rights, create derivative Products, transfer or sell any type of information or services received from or through this Site.
b) Allow third parties (and will not author any) to use Clearview Media Product to send or receive fraudulent data to any law or legal authorization, of obscene origin, threatening, aggressive, insulting or that is discriminative from an ethnical, age, sex or religion standpoint.
c) Participate directly (and will not collaborate) to Theft. Users who violate the Site’s security will be prosecuted in Court or outside of Court, if applicable.
3.2 Client agrees to exonerate Clearview Media of responsibility and to defer from Court action as to any third party solicitation, caused by Clearview Media Product usage by Client, and as well as to any type of loss (direct, indirect, consequently or of any nature), costs, actions, trials, requests, damages, expenditures (including legal expenditures), or any other types of responsibility, suffered in any way or caused directly by Clearview Media as a result of Client’s violating or ignoring these legal terms.
3.3 Payment for costs regarding creation of Product is Client’s responsibility, as per mutual agreement.
3.4 Payment for additional costs regarding Product usage, including costs solicited by third parties or Client, is Client’s responsibility.
4. Security
4.1 Client acknowledges that Clearview Media cannot control and offers no suggestion, warranty or provisions regarding electronic security and correspondence between Clearview Media and Client.
4.2 Client acknowledges that although Clearview Media will make efforts to ensure electronic correspondence security, cannot guarantee that data received or sent by Client is always safe.
Contracting Third Parties or Other Agencies for a Similar Product
5.1 The Product can be used by the Client towards finding out various types of information about Clearview Media, though without being edited, copied, distributed, displayed, published, granted license on and copyright allowance to third parties.
5.2 Any links toward external sites that are included on this Site are included to help the Client and shall not imply any support from Clearview Media to those sites or endorsements to information presented elsewhere or any form of association with respective parties. Client accesses third party sites and uses their products/services on his own risk, solely, or according to respective terms and conditions.
5.3 Clearview Media does not offer guaranties for third party services and advice, and cannot be held responsible for typographic errors or false information stated on third party websites. Should Client access any third party site content even from other countries than Canada Clearview Media is not responsible for Client’s duty to obey local laws or other laws pertaining to other specific countries.
6. Personal Information Disclosures
6.1 By accessing this Site and using any Clearview Media Products you agree that Clearview Media has the right to insert Client related information, as a result of using Clearview Media Product(s), in a database towards:
a) Data being used by Clearview Media to advertise own services;
b) Detecting or preventing fraud or fraudulent activities;
c) Clearview Media offering data collected from Client to other service providers which, according to Clearview Media, may present a valuable proposition to the Client.
6.2 Clearview Media cannot use collected data in illegal actions or that are not in accordance to provincial and federal laws.
7. General Information
7.1 Changing the legal terms – Clearview Media may operate changes to these legal terms periodically, without contacting the Client directly. Such changes will be brought to Client notice by displaying the updated version on the Site, at www.clearviewmediapro.com. Such changes are assumed as being acknowledged by Client if he still continues to use the Product after the changes are displayed on the Site.
7.2 Force Majeure – Clearview Media shall not be liable in respect of any breach of these legal terms due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather or act of technical omission or other causes for whom Clearview Media is not responsible.
7.3 Jurisdiction – this Site (excluding third party links on this Site) is controlled by Clearview Media. By accessing this Site, Client consents that this contract and any dispute it generates are governed and interpreted according to provincial and federal laws of Canada, and Client consents to submit to exclusive jurisdiction of Canadian courts. This Site can be accessed from anywhere in the world. Clearview Media offers no guaranties that its content submits to laws (including intellectual property laws) governing in other provinces than Ontario and other countries than Canada. Client accesses this Site from outside Canada on his own risk and is solely responsible of obeying the law governing in the respective territory.
7.4 Confidentiality – Clearview Media does not guarantee that navigation on this Site is confidential. Clearview Media is not responsible for any damage that Client or other party incurs as a result of any confidentiality agreements while using the Site. Any information disclosed by Client through electronic correspondence while or after using this Site may not be safe while traveling through Internet. Third parties may gain access and intercept data packages sent by the Client while using this Site.
8. Client accepts to adhere to these terms and conditions. Any form of professional collaboration between Clearview Media and the Client starts the moment Client confirms that has read and understood unconditionally these legal terms.
