Active Computer Services » Gigapixel Photography Equipment and Services

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By accessing our servers, websites, or content and any information, photos, images or portion thereof (collectively or individually, "Material") found on Active Computer Services ("Active Computer Services" hereafter) and our Websites activecomp.ca, gigapixel.com, gigapixel.ca, gpxtag.com ("Site" hereafter), you signify your agreement to these Terms and Conditions ("Terms" hereafter) last updated on December 1, 2014. If you do not agree to these Terms and Conditions, do not use this Site. Active Computer Services has the right and may modify these Terms and Conditions at anytime.

While Active Computer Services uses reasonable efforts to include accurate and up-to-date information on the Site, Active Computer Services makes no warranties or representations as to its accuracy. Active Computer Services assumes no liability or responsibility for any errors or omissions in the content on the Site. Active Computer Services makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations within or outside the U.S. or Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Your use and browsing of the Site is at your own risk. Neither Active Computer Services nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, exemplary, punitive damages, including, but not limited to, loss of anticipated profits or revenue, economic loss, loss of data, loss of use of the product, or any associated equipment, cost of capital, cost of services, down time, spent time, the claims of third parties, and injury to property, regardless of the nature of the claim arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Active Computer Services also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Active Computer Services or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Active Computer Services is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Active Computer Services has no duty or policy to update any information or statements contained on this Site and, therefore, such information or statements should not be relied upon as being current as of the date you access this Site. Moreover, any portion of the materials available on this Site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this Site and to the products described on this Site.

This agreement shall be governed by and construed in accordance with laws of the province of British Columbia, Canada without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein you agree to indemnify Active Computer Services for any claims or damages resulting from your failure to abide by these Terms and Conditions.

By accessing or using any Material you find on this Site, you agree to be bound by these Terms.

You are responsible for your use of this Site, the Material, and any content you add to or use you make of the Material, including any uploading, downloading or distribution of the Material. By accessing this Site, you agree:

You will not use any of the Material for any commercial purpose.
You will not use the Material to bully, intimidate, harass or disparage any person whose image is discernible in the Material or otherwise.
You will not use the Material or attach to any Material any content that is false, misleading, defamatory, hateful, threatening, or pornographic, or which incites violence.
You will not use the Material in any manner that violates or infringes someone else's rights or privacy.
If any portion of these Terms is found to be unenforceable, the remaining portions will remain in full force and effect.
If we fail to enforce any of these Terms, it will not be considered a waiver.
Any amendment to these Terms must be in writing and signed by Active Computer Services.
You will not transfer any of your obligations under these Terms to anyone without the consent of Active Computer Services.
These Terms do not confer any third party beneficiary rights.
You will comply with all applicable laws when accessing this Site or using any of the Material.
Any data collected you provide such as email address, mobile number, etc. may be used by our vendors, contractors, or Sponsors for special offers and promotions.

PRIVACY POLICY

We respect your privacy. Active Computer Services is committed to maintaining your confidence and trust and accordingly maintains the following privacy policy to protect personal information you provide online.

Any information you give to Active Computer Services will be held with extreme care and will not be used in ways that you have not consented to.

We take reasonable steps to secure your personally identifiable information against unauthorized access or disclosure. We encrypt transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.

Information we collect may be stored or processed on computers located in any country where we do business.

Information Collection, Use, and Sharing

We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell, rent, loan, trade or lease this information to anyone.

We use technologies like cookies to anonymously identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.

We also may collect personally identifiable information that you provide to us, such as your name, address, phone number or email address. With your permission, we may also access other personal information on your device, such as your phone book, calendar or messages, in order to provide services to you. If authorized by you, we may also access profile and other information from services like Facebook and Twitter.

Our systems are not designed to associate personal information with your activities.

We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.

We will use your information to respond to you, regarding the reason you contacted us. In order to serve you, we may share your personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed. We generally do not share personally identifiable information (such as name, address, email or phone) with other companies for marketing purposes.

Browser Information Collected

Our website logs are not personally identifiable and we make no attempt to link them with the individuals that actually browse the Site.

In addition, our websites track information about the visits to our websites. For example, we compile statistics that show the daily number of visitors to our Site, the daily requests we receive for particular files on our websites, and what countries those requests come from.

Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user.

These aggregated statistics are used internally to provide better services to the public and may also be provided to others, but again, the statistics contain no personal information and cannot be used to gather such information.

Gigapixel Photography Privacy Policy

As part of the Global Connection Project by Carnegie Mellon University, NASA, Google, and National Geographic which helps us learn about and meet our neighbors across this globe, and learn about our planet itself, all gigapixel images on this website are intended to encourage global citizenship and understanding by connecting people, places and events through the utilization, exploration and sharing of dynamically viewable images.

All gigapixel panorama images in this website were created as part of our personal portfolio primarily for journalistic and artistic purposes to illustrate the various uses and applications of gigapixel technology. All interactive and explorable versions of the images are not for sale and are not available for reproduction. All photographs were taken on public property or on property that we were given access and permission to use by the respective owner.

We respect an individual's privacy. We are committed to respecting local laws and norms. The images captured are no different from what a person can readily see or capture walking down the street or in a public place. Because the process of gigapixel photography involves some randomness in the timing when each photo is taken, any collection of personal information is unintentional and incidental to the main purpose of the images. However, each image is scanned in detail and we make every effort to ensure that identifiable photos of people inside their homes or license plates of vehicles are blurred or removed. If a user finds an image that they consider objectionable, please use the contact form above to inform us. Blurring technology or image removal are ways in which we ensure that an individual's privacy is respected.

General Data Protection Regulation (GDPR)

If you are located in the European Economic Area (EEA) or Switzerland and in accordance with applicable privacy law, you have the following rights regarding Personal Information covered by the GDPR:

Right of access. The right to obtain access and receive information to your Personal Information.
Right to rectification. The right to update and correct inaccuracies of your Personal Information without undue delay where that Personal Information.
Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
Right to data portability. The right to easily transfer your Personal Information to another company.

These rights may be limited in some circumstances by local law requirements. You may exercise these rights by using the Contact Form.

Special Situations

Special situations may require disclosure of your data. To operate the service, we also may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.

Third Party Links

This Site contains links to other external or 3rd party websites. Active Computer Services is not responsible for the privacy policies or content on 3rd party sites including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on those websites. It is recommended that you read the privacy policy of 3rd party websites for your information.

Active Computer Services provides the links as a convenience to you and the existence of the links on this website does not mean or imply that Active Computer Services endorses, approves of, accepts any responsibility or is affiliated with the linked organization or company, or its products or services, or its content or use of such website or that the linked organization or company approves of or is affiliated with Active Computer Services.

SERVICE WARRANTY POLICY

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

The following terms and conditions apply to the sale of products and services by Active Computer Services. At our discretion, these terms and conditions may be changed without prior notice at any time.

Payment Terms

Payment is due in cash, cheque, bank wire transfers or via Paypal.

Service Warranty

We provide 30-day warranty on services rendered for specific problems or related solutions as specified in the invoice from the original invoice date. This warranty will automatically be deemed null and void if the same problem or related problem occurs due to the negligence, abuse, misuse, alteration, neglect or unauthorized repair or installation by the end-user as determined solely by Active Computer Services.

Active Computer Services provides technical support for most of its products. Some products may have to use the technical support provided by the manufacturer.

Disclaimer of Warranty

Products and items delivered or shipped include the limited warranties applicable to the particular product. Certain products may have additional warranties provided by the original manufacturer but not by Active Computer Services.

Limited Warranty

Active Computer Services warrants products to be in good working condition and free from defects in material and workmanship for a period of one (1) year for all OEM packaged products or thirty (30) days for all retail-boxed packaged products from the original invoice date unless otherwise restricted by the manufacturer's own warranty policy.

All software, other media and special order items are manufacturers warranty only. No warranty for physically damaged or software items.

Active Computer Services' liability shall be limited to repairing or replacing, at its option, any defective product which is returned. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Active Computer Services, are not covered by this warranty. Any alterations, addition, improvements or attachments to the products not authorized in writing by the Active Computer Services shall be deemed to be a waiver of this warranty by client and shall render this warranty null and void.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. ACTIVE COMPUTER SERVICES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. IN NO EVENT SHALL ACTIVE COMPUTER SERVICES BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL ACTIVE COMPUTER SERVICES LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).

Limitation of Liability

Active Computer Services will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, negligence, strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.

Return Policy

All sales are final. No returns, no refunds, no exchanges. We only accept returns for refund or exchange for items damaged in transit. All merchandise for return must be in its new, original, re-sellable condition.

Items not covered include opened software from any manufacturer and opened products of certain manufacturers subject to the manufacturers' return and warranty coverage.

Interpretation

Arbitration

All dispute, controversy, or claim against Active Computer Services arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau of Mainland B.C. (BBB).

The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and Active Computer Services. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorneys' fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.

Terms and Conditions last updated May 25, 2018.