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Please read the following Terms of Service before you begin using Photolark Gallery (referred to as 'we', 'us', 'Photolarkgallery.com') please read the following Terms of Use ('Terms') carefully. These Terms govern your access to and use of the Photolark Gallery Services. If you agree to these Terms and wish to use the Services, please continue to use the site. This will constitute a binding agreement between you and Photolark Gallery.  Your access to and use of the Services are expressly conditioned on your compliance with these Terms.  If you choose to decline acceptance, please leave the site.  Note that any violation of these Terms may result in termination of our Services to you.

Photolark Gallery reserves the right to change the Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after Photolark Gallery makes any such changes, you agree to be bound by the revised terms.

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1.   About the Content
Artists may submit work to Photolarkgallery.com, including without limitation, photographic images, and images of paintings, images of illustrations or graphics, as part of the Service. Under these Terms, artists are not permitted to post links to their personal web sites or use the Service to present Content that Photolark Gallery believes:

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• Could infringe rights of privacy, publicity, copyrights or other intellectual property rights of any third party without the permission of the owner of these rights.
• Is abusive, deceptive, threatening, defamatory, obscene, pornographic or otherwise inappropriate or could give rise to any civil or criminal liability under applicable law.
• Promotes bigotry, racism, hatred illegal activities or harm against any individual or group, including minors.
• Contains viruses, worms, corrupt files, Trojan horse or other sort of corrupted codes.

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Any materials that Photolark Gallery believes violates these conditions are 'Prohibited Content'. While Photolark Gallery carefully reviews the Content provided to Photolarkgallery.com users, we reserve the right in our sole discretion to (1) delete, remove or edit Content at any time without notice (2) delete, remove or edit Content that it believes is Prohibited Content, or (3) take any other action that we deem necessary relating to use or misuse of the Service, for any reason, at any time, and without notice.

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2. Copyright Notice
Photolarkgallery.com is committed to protecting artists copyrights and expects users of the Service to do the same. Each artist who submits Content is required by law to own the right to any image before the image is uploaded or printed at Photolark Gallery. At our discretion and in appropriate circumstances, we may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at info@photolarkgallery.com and provide all relevant details.

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3. Access to Your Account
You hereby grant permission to Photolark Gallery the right to access your account for the following reasons:

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•So that we can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account.
• To maintain our Service to you and develop new and useful features and services.
• To comply with a court order, subpoena, complaint or a lawful request from governmental authorities.

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4. Age Requirements
You must be at least 13 years of age to use our Service.

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5. Third-Party Software
We make third-party software available to you from time to time.  To access such third-party software, you must first agree to the terms and conditions provided by the third-party software provider governing the use of such software.  Photolark Gallery, is not a party to any such arrangement between you and a third-party software provider and disclaims any liability, and provides no warranties relating to such software.
This means that we do not guarantee that any third-party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses.  You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.

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6. Third-Party Links
We may provide links to third-party sites that might be of interest to you.  However, we have no control over the content or the availability of these sites.  You acknowledge and agree that Photolark Gallery is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites.  Links to third-party sites do not imply any endorsement by Photolark Gallery of such sites or the contents, products, or services available from such sites.  It is your responsibility to become familiar with each sites privacy, and other policies and terms of service, and to contact that sites Webmaster or site administrator with any concerns.  You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

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7. Copyrighted Material, Software and Trademark Information
Photolark Gallery is a trademark, and other Photolark Gallery product names, service names, slogans or logos referenced in this site are trademarks owned by Photolark Gallery.
All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the Canada and the United States. You may not copy, modify, or distribute such material without our or the copyright owner's prior written consent.  You may use these materials for personal, purposes only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or any proprietary rights notices contained in the materials.
All right, title, and interest in and to the Photolark Gallery.com site and Service is and will remain the exclusive property of Photolark Gallery and its licensors.  The site and Service are protected by copyright, trademark and other laws of both Canada and foreign countries.  You may not copy or modify the HTML code used to generate web pages on the site.  You may not use the site or Service on, or in connection with, any other website, for any purpose.

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8. Privacy Policy
When you create an account with Photolark Gallery.com, you need to provide some personal information, such as your name, email address, and mailing address.  We agree to protect and use this information pursuant to the terms set forth in our Privacy Policy.  Please refer to our Privacy Policy.

9. Fee, Payment and Terms
There is no fee to open an account at Photolarkgallery.com.  All prices for merchandise or services are in Canadian or U.S. currency. Your payment must accompany your order. If you fail to submit valid payment we may refuse to perform the requested Services.

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10. Promotional Offers
Please note that following rules and restrictions for promotional offers on Photolark Gallery.com are subject to change and will vary depending on offer:

• Each promotional offer is subject to the offer details stated at the bottom of each offer. Some offer redemption codes can only be used once and are limited to one per person.
• Each promotional code is only valid for one order per person.
• Only one valid promotional code may be used per order.  Offers may not be combined with other offers in the same order and may not be used in conjunction with any other discount, coupon, or promotion in the same order.
• Promotional codes cannot be applied to orders previously submitted.
• Some offers may be available to first time customers only.  There may be additional restrictions on redemption.  Refer to offer detail stated at the bottom of each offer for details.
• Offers must be redeemed online at the Photolarkgallery.com web site and must be applied towards the purchase of Photolarkgalley.com products or services only, as specified in the offer.
• Promotional offers cannot be used to pay for, nor shall be applied to, taxes, shipping and handling unless otherwise noted.

• Each offer is valid for a limited time only and expires on the date specified in the offer.
• Offers have no cash value, are not for resale and are not redeemable for cash.
• Returned items will only be credited or refunded for the item cost.  Promotional offer discounts are not eligible for credit or a refund.
• Photolark Gallery reserves the right to change these terms and conditions at its sole discretion.
• You acknowledge that Photolark Gallery is not responsible for the products and services of other merchants that provided you with a promotion being presented on our Web site, nor the content, accuracy, compliance with, or any other aspect of the offer, promotional materials, Web site content or any communications from such other merchant.
• All terms and conditions are applicable to the extent permitted by law.
• Photolark Gallery MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROMOTIONAL OFFER USED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN THE EVENT A PROMOTIONAL CODE IS NON-FUNCTIONAL, THE USER'S SOLE REMEMDY, AND PHOTOLARK GALLERY SOLE LIABILITY, SHALL BE REPLACEMENT WITH THE SAME OR SIMILAR OFFER.

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11. Termination
Photolark Gallery, may, in its sole discretion, terminate or cancel your use of the Service, and remove and discard any Content and your account at any time, without notice, for any reason, including, but not limited to:  (i) conduct that violates these Terms, or other policies or guidelines we have set forth (ii) conduct we believe is harmful to other Photolark Gallery users, our business, or our affiliates.  Photolark Gallery will not be liable to you or any third party for any termination of your access to the Service as outlined in these Terms.

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12. Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (i) any violation of these Terms, breach of any warranty under this agreement or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Content you uploaded infringes third party intellectual property rights.

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13. Shipments
All items purchased through Photolarkgallery.com are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.  We may assign our rights and responsibilities hereunder without notice to you.

14. Export
You are responsible for compliance with all local laws, and you are required to comply with applicable export laws and regulations when you or export any materials provided through the Service.

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15. Disclaimer of Warranties
THE SERVICE, CONTENT AND MATERIALS AVAILABLE THROUGH PHOTOLARKGALLERY.COM ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOTOLARKGALLERY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. PHOTOLARK GALLERY MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOLARK GALLERY MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH PHOTOLARKGALLERY.COM OR ADVERTISED THROUGH PHOTOLARKGALLERY.COM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHOTOLARK GALLERY OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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16. Limitation of Liability
For purposes of this section, "Photolark Gallery" shall include Photolarkgallery.com, and its employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES IS PHOTOLARK GALLERY LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF PHOTOLARK GALLERY. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS OR USE OF, PHOTOLARKGALLERY.COM SITE OR SERVICES, FROM ANY CHANGES OF THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTOLARK GALLERY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. FURTHERMORE, PHOTOLARK GALLERY HAS NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THOUGH THE SERVICE. YOU AGREE THAT THE AGREGATE LIABILITY OF PHOTOLARK GALLERY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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17. Severability
You agree that the terms of this agreement are severable.  If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

18. Entirety
This agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any written instrument submitted by you, whether formally rejected by Photolark Gallery or not.  The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein.  The terms and conditions contained in this agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Photolark Gallery. The failure of Photolark Gallery to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

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19. Governing Laws
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.  The parties agree that these Terms and any claims hereunder shall be governed by and subject to the provincial and federal laws of the province of British Columbia, Canada.

20. Arbitration & Jurisdiction.
You and PHOTOLARK GALLERY agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services, or your use of the Software or Services shall be final and binding arbitration.  This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services or your use of the Software or Services shall be governed by the laws of the Province of British Columbia Canada.

21. Acceptance of Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.

Last Updated:  January 12, 2014