Last Updated: November 1, 2016
These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, the “Services”) provided by Chihuly, Inc. (doing business as Chihuly Studio) (“Chihuly," “we” or “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Services.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org.
You must be at least 13 years of age to access or use our Services. By using the Services, you represent and warrant that you are 13 years of age or older. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition, you may not create an account or make a purchase from our Services unless you are at least 18 years of age. You represent and warrant that you: (a) you have not been previously suspended or removed from the Services; (b) do not have more than one account and (c) have the full power and authority to enter into this agreement.
If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account credentials and do not share them with others. You agree to promptly notify us if you discover or suspect that someone has accessed your account without your permission.
3. Communication Preferences
By creating a Chihuly account, you also consent to receive electronic communications from Chihuly (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Chihuly Content”) are owned by or licensed to Chihuly or its affiliates and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Chihuly and our licensors reserve all rights in and to our Services and the Chihuly Content. Prior written permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials used for the Services must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing used in the Services may be in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
"Chihuly,” “Chihuly Garden and Glass” and HOTSHOP 1965 SEATTLE WASHINGTON are registered trademarks of Chihuly, Inc. and/or its affiliates. They may not be used in connection with any product or service other than those services offered by Chihuly, Inc. or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Chihuly, Inc. or its affiliates. All other trademarks are the property of their respective owners.
To notify Chihuly of any suspected infringement of your copyright, trademark or other rights, please contact us at email@example.com.
5. Acceptable Use
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Services. You agree that you will abide by these Terms and will not:
- Use or attempt to use another user’s account without authorization from such user and Chihuly;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Chihuly Content, area or code of the Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
- Develop any third party applications that interact with the Services without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of site pages or functionality;
- Bypass or ignore instructions contained in the robots.txt file, accessible at www.chihuly.com/robots.txt, that controls all automated access to the Services; or
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
6. Third Party Content
We may provide links to third-party websites, apps, mobile services or other third-party services and we may also display, link to or otherwise make available third-party content, data advertisements, promotions, or materials (collectively, "Third Party Content") through the Services. We do not control, endorse or adopt any Third Party Content, and do not make any representations or warranties regarding any Third Party Content, including its accuracy or completeness. You agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and Chihuly is not responsible or liable in any manner for such interactions or Third Party Content.
Any questions, comments, suggestions, ideas, original or creative materials or other information you provide to us about Chihuly or our Services (collectively, “Feedback”) is non-confidential and will become the sole property of Chihuly. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to the Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, hold harmless and (at our option) defend Chihuly and its affiliates and subsidiaries, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Chihuly Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Chihuly or the other Chihuly Parties.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Chihuly does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Chihuly attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Chihuly and the other Chihuly Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Chihuly or the other Chihuly Parties have been advised of the possibility of such damages.
The total liability of Chihuly and the other Chihuly Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (i) the amount paid, if any, by you to access or use our Services or (ii) $10
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Chihuly or the other Chihuly Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, you release Chihuly and the other Chihuly Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
12. Transfer and Processing of Data
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
13. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Chihuly and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Chihuly seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Chihuly seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Chihuly waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Chihuly agree that any dispute arising out of or related to these Terms or our Services is personal to you and Chihuly and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Chihuly agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Chihuly agree that for any arbitration you initiate, you will pay the filing fee and Chihuly will pay the remaining JAMS fees and costs. For any arbitration initiated by Chihuly, Chihuly will pay all JAMS fees and costs. You and Chihuly agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Chihuly will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by emailing us at firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.
14. Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
15. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and Chihuly relating to your access to and use of our Services. The failure of Chihuly to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.