Terms & Conditions & Privacy Policy

Terms & Conditions

Terms & Conditions
Eff. June 16, 2022

**Unless otherwise noted Terms & Conditions apply to all products and services offered by 25 and Gold Creative Studio.**

Your use of the Service at any time binds you to the Terms and Conditions then in effect. 25 and Gold Creative Studio reserves the right to modify or update the Agreement at any time without prior notice. Your use of the Service following any such change to these Terms and Conditions constitutes your unconditional agreement to follow and be bound by the terms of the Agreement as changed. For this reason, we encourage you to review the effective date of the Terms and Conditions (which appears at the very top of this document) each time you access the Service, and, if the Terms and Conditions have been revised since you last accessed the Service, to review the revised Terms and Conditions which will apply to your use of the Service, and the use and purchase (as the case may be) of products and/or services.

The sale of products and services on this site may be subject to additional terms that will be made available to you when you place your order should they apply. This Site may only be used by residents of Canada. If you use this Site outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws locally and internationally.

LOST OR DAMAGED PHOTOS/VIDEOS

Note that we are not responsible for lost or damaged photos or videos. We do take the utmost care with your photographs and videos and files. There are times when equipment can fail and damage photos, film, or video. There are times when these items are delivered already damaged. There are times when items can be lost. We cannot be held responsible if items are lost or damaged.

TIME

25 and Gold Creative Studio strives to have all orders back in the estimated time provided. There are times and circumstances outside of our control in which timeframes for completed orders may have to be adjusted to reflect said delay. 25 and Gold Creative Studio isn’t responsible for providing any financial compensation due to late orders. If orders cannot be completed after 75 days, the customer will be given the alternative to receive a full refund.

25 and Gold Creative Studio Privacy Policy – eff. 10Mar2022

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.25andgoldcreativestudio.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

-“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including any electronic payment card numbers including Visa, Mastercard), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

PERMITTED USE OF THE SITE

Acceptable Conduct

All users of the Service must use the Service responsibly and with respect for all persons. Your use of the Service, including, without limitation, sending/posting Materials (as defined below) to us and using and sharing Materials through the Service, and your use of the Products must be lawful, ethical, and respectful of the legal rights and interests of all other persons, including without limitation 25 and Gold Creative Studio, its affiliates and each of their respective agents and representatives. We do NOT accept ANY nudes or partial-nude photos and proper authorities may be notified if privacy laws breached etc.

Without limiting the above, the following rules apply to your use of the Service:

LAWFUL USE:

Your use of the Service and/or the Products must be lawful and without any nefarious intent and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise.

SECURITY AND PERFORMANCE:

The Service must not under any circumstance be used by you with any action, device, software or any type routine which could directly or indirectly interfere or abrupt (or possibly attempt to interfere) with the proper working of the Service, compromise the security measures for the Service or impose an unreasonable or disproportionately large load or burden on the system on which it is stored and/or hosted or its infrastructure. You may not attempt to or modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or the software underlying or offered on the Service, or delete, obscure or modify any proprietary notice contained on the Service or assist others in undertaking any of the foregoing. You may not under any circumstance use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, political campaign materials, spam, chain letters, pyramid schemes or any other form of solicitation.

OTHER PERSON'S RIGHTS:

Your use of the Service must not infringe on the legal rights of any other person(s) and/or entity (including privacy and personality rights, copyright, trade-mark, trade secret, patent, moral rights, and other proprietary rights or discriminatory rights). You may not use the Service in any manner that may be unlawful, nefarious in intent, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or that may otherwise be objectionable. This prohibition extends to the posting, printing, to incite any such conduct. You may not use the Service in any way that is harmful to minors, including but not limited to, accessing, using or printing content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct. Your use of the Service must not dilute or depreciate the name and reputation of 25 and Gold Creative Studio, its affiliates and/or associates. You may not use the Service in any manner that invades or infringes on the privacy of any other person or entity. Please note that 25 and Gold Creative Studio has the lawful obligation to report any such unlawful activity/possession to any applicable law enforcement services (as it applies).

Transaction Agreements

All transactions initiated and/or conducted through the Service (each a "Transaction") are governed by this Agreement and any applicable transaction agreement (the "Transaction Agreements"). By participating in a Transaction, you signify your agreement and acceptance of the applicable Transaction Agreement and applicable terms as expressed herein. 25 and Gold Creative Studio may modify the terms of this Agreement from time to time in accordance with any applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with 25 and Gold Creative Studio you represent that you have accessed, read and accept and agree to the Transaction Agreements applicable to and governing the entire order. You agree that you have rights and own the rights to the media you submit.

Photo Laboratory Services and Web Design Services

Users of the Service may be permitted to submit digital images and/or video through the Service for processing and purchase of prints/digitization services and/or for the production and purchase of customized images/merchandise/services incorporating said digital images. Any such processing by 25 and Gold Creative Studio is expressly subject to the terms of this Agreement, including without limitation any and/or all disclaimers, limitation(s) of liability, any exclusions and/or indemnities, as well as any applicable Transaction Agreement.

The acceptance of such digital images by the Service does not create any such obligation for 25 and Gold Creative Studio to preserve and/or retain such images. The Service does not provide any long-term storage of digital images whatsoever nor of photo products created using the Service. 25 and Gold Creative Studio may remove and destroy your Materials and Products ordered, if such Materials or Products are not picked-up within thirty (30) days from when the order is completed. IN THE CASE OF

PHYSICAL MERCHANDISE- 25 AND GOLD CREATIVE STUDIO IS NOT RESPONSIBLE FOR ANY PRINTS OR MERCHANDISE WHICH HAVE NOT BEEN PICKED UP OR SENT TO CLIENT FOR FAILING TO COMMUNICATE FOR MORE THAN 30 DAYS AFTER THE DATE OF YOUR ORDER.

iN ADDITION, WE ARE NOT responsible for any loss or damage to ANY physical merchandise, including, but not limited to photos, videos etc., or any other personal belongings left in our care, whether it is part of a transaction or not. We recommend only providing us with the merchandise necessary to complete a transaction.

Fees, Charges and Taxes, Availability, Prices, Misprints and Errors, and Orders

All fees and charges will be at the rates that are in effect at the time the order/chargewals were incurred. Charges incurred under this Agreement may include charges related to the use of the Service or your acquisition of the Products, as well as charges related to goods and services acquired through the Service. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service or acquisition of the Products and any such use or acquisition by any person using your user ID and/or password. All fees will be charged in Canadian dollars to your selected method of payment by 25 and Gold Creative Studio in one or more charges as the product is shipped. Please note that actual sales taxes are calculated on items as they are prepared and shipped, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Order Total. You must pay for your order in full before it will be started. Additional charges will apply for additional time required, shipping fees etc.

If you are not satisfied with your photo order, please notify 25 and Gold Creative Studio within 30 days. We will investigate any deficiency with your order and should 25 and Gold Creative Studio determine (at is sole discretion) that a deficiency exists, we will generate another copy for you. Due to the custom nature of personalized photo products, all sales are final. This return policy is applicable for all purchases. Please note, we do not keep copies of completed and prepared files, so in order to fix and/or amend any order, we likely will require the original item to be transferred and the copy you were provided in order to make any necessary modifications. If shipping costs are incurred, it is the sole responsibility of the User to arrange and pre-pay for all shipping arrangements.

In the event that an item is listed at an incorrect price due to an error in pricing, misquote or technical issues, 25 and Gold Creative Studio will have the right to reject or cancel any orders placed for that item. In the event that an item is mispriced or misquoted 25 and Gold Creative Studio may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

The prices, fees and charges associated with any of the Products and/or Services, including without limitation any goods and/or services available through the Service, are subject to change at any time and from time-to-time and/or without any notice or any liability to you or any other person and/or entity. Also, due to the popularity of some goods and services, 25 and Gold Creative Studio cannot guarantee that goods or services advertised through the Service will be available when ordered or thereafter. 25 and Gold Creative Studio also reserves the right at any time and in its sole discretion to reject, correct, cancel or terminate any order made through the Service. In the event of time restraints and limitations 25 and Gold Creative Studios has the right to adjust time limits on the return of completed Projects.

In the event that 25 and Gold Creative Studio rejects an order, 25 and Gold Creative Studio will have no obligation to fulfill your order and thus you will have no obligation to pay 25 and Gold Creative Studio for that order. 25 and Gold Creative Studio also reserves the right, (at its sole discretion), to cancel any order after acceptance for any reason whatsoever. Some situations that may result in your order being rejected or cancelled may include: (i) Limitations on quantities available for purchase; (ii) inaccuracies or errors in product or pricing information; (iii) A product recall on the item that you have purchased; or (iv) Problems identified by 25 and Gold Creative Studio Canada's credit and fraud avoidance department (v) The legality and/or concern with ownership and/or legality of 25 and Gold Creative Studio may also require additional verifications or information before accepting any order. 25 and Gold Creative Studio will contact you if all or any portion of your order is rejected after your order has been placed, or if additional information is required to accept your order.

The advertisements displayed through the Service are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Service sends an order acceptance e-mail to your e-mail address or 25 and Gold Creative Studio otherwise fulfills your order and provides you with confirmation of the foregoing. You have one (1) hour from the time your purchase order is submitted to 25 and Gold Creative Studio. to cancel that purchase order, after which you may not cancel the purchase order and full payment is due. The order acceptance may provide you with confirmation of the terms of the transaction and may also provide you with certain information regarding availability and/or delivery of any of the relevant Products.

If any payment due is not made by you, 25 and Gold Creative Studio may, in addition to any other remedies it may have, and at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and revoke your Account, and/or User rights and your access to and use of the Service, or (b) terminate this Agreement, revoke your Account and your access to and the use of the Service. If legal action is necessary to collect any amount which you owe, then you agree to reimburse 25 and Gold Creative Studio for any and all expenses that may be incurred in collecting such amount, including without limitation of all legal fees, all costs and all disbursements.

COLOURS AND MERCHANDISE CONTENT

25 and Gold Creative Studio has made reasonable efforts to describe and display as accurately as possible the Products and/or services, including the colours of Products (including without limitation digital images and custom merchandise) that appear on or are displayed on or through the Service. However, 25 and Gold Creative Studio does not represent or warrant that Product descriptions aren’t up for interpretation and thus not accurate, complete, reliable, current or error free based on opinion. Furthermore, as the actual colours you see will depend on your monitor, 25 and Gold Creative Studio cannot guarantee that your monitor's display of any colour will be accurate. The aspect ratio of the products you order may be different from the aspect ratio of your digital image data which may result in finished products that do not utilize the entire digital image.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to defend, indemnify defend and hold 25 and Gold Creative Studio and any of its subsidiaries, officers, directors, contractors, suppliers, affiliated companies, joint ventures, business partners, licensors, employees, agents and any third party service providers harmless from and against any and all losses, actions, claims, damages, costs and expenses, including legal fees (on a solicitor and his own client basis) and disbursements, arising from or related to your use or misuse of the Service (regardless of whether or not such use is permitted under these Terms and Conditions), including without limitation (i) any Materials you have submitted or posted using the Service, (ii) the Products, (iii) any violation of these Terms and Conditions, (iv) the use or misuse of the Service by your or any other person who accesses the Service using your Account, and (v) any violation of any rights of a third party including any intellectual property and/or privacy rights. This provision shall survive the termination of this Agreement and remain in full force and effect after any such termination.

PRIVACY AND PERSONAL INFORMATION

25 and Gold Creative Studio’s personal information practices with respect to the Service, including the collection, use and/or disclosure of your personal information, are governed by provincial and/or federal legislation in Ontario, Canada and 25 and Gold Creative Studios adheres to any and all applicable relevant legislation as it applies.

CONSENT TO RECEIVING COMMERCIAL ELECTRONIC MESSAGES

If you provide your email address to the Service, you will be given the opportunity to give your express consent to receive promotional and informational emails, newsletters and offers from 25 and Gold Creative Studio. This consent is sought by 25 and Gold Creative Studio in Barrie, Ontario. You may withdraw your consent by contacting us using the contact information listed on the “Contact Us” page on our website or by emailing twentyfiveandgold@yahoo.com You may not be able to unsubscribe from receiving emails related to specific transactions that you enter using the Service.

TERMINATION OF THIS AGREEMENT

These Terms and Conditions (as same may be amended from time to time by 25 and Gold Creative Studio in its sole discretion) constitute a legally binding agreement between you and 25 and Gold Creative Studio, effective upon your initial access of the Service unless and until terminated by you or by 25 and Gold Creative Studio Without limiting any other rights of 25 and Gold Creative Studio, if you breach any provision of this Agreement whatsoever, then 25 and Gold Creative Studios may revoke your Account and terminate this Agreement and may prohibit you from using the Service or from using and/or acquiring the Products. Upon termination of this Agreement, all fees, charges, costs or amounts payable by you in conjunction with your use of the Service or purchase of any Products and/or Services shall become forthwith payable and you shall agree to forthwith remit those amounts to 25 and Gold Creative Studio in an expeditious and reasonable manner.

25 and Gold Creative Studio may, (in its sole discretion) and at any time, may change, suspend, or terminate, temporarily or permanently, the Service or any part of it or any Products, for any reason and for convenience, without any notice to you and without incurring any liability to you or any other person and/or entity.

25 and Gold Creative Studio may at any time and for any reason, with cause and in its sole discretion, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Service and any Account you may have; (b) suspend or terminate and permanently delete and destroy any user ID, password or account information; (c) remove from the Service and permanently delete and destroy any Materials that you or others may have posted or submitted through the Service (and for purposes of this Agreement, "posted" and "submitted" includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or for convenience; (d) restrict access to the Materials posted or submitted through the Service and to any account you may have; and (e) bar you from any future use of the Service; all without any prior notice or liability to you or any other person.

25 and Gold Creative Studio is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that it may receive regarding any Materials that you may use or allow others to use in connection with or via the Service (including Materials posted or submitted through the Service) before 25 and Gold Creative Studio takes any remedial action that it considers, in its sole discretion, to be appropriate and/or inappropriate.

If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Service; (b) 25 and Gold Creative Studio may immediately remove and permanently delete and destroy any Materials that you or others may have posted or submitted to the Service without any prior notice or liability to you or any other person; (c) any fees and charges previously paid by you for unused services will not be refunded; and (d) you must promptly destroy all materials downloaded or otherwise obtained from this Service (other than Products purchased from the Service and paid for), as well as all copies of such materials, whether made under the Terms and Conditions or otherwise.

Disclaimer

The service and the products provided thereon are provided on an "as is" and "as available" basis. 25 and Gold Creative Studio makes no representations or warranties of any kind, express or implied, as to the operation of the service or the information, content, materials, or products included on or obtained through the service. To the full extent permissible by applicable law, 25 and Gold Creative Studio disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, performance or durability. Without limiting the generality of the foregoing, to the fullest extent permitted by law, 25 and Gold Creative Studio disclaims any warranties for the security, reliability, timeliness and performance of the service. 25 and Gold Creative Studio further disclaims any and all warranties, express or implied, for any product available through the service. You acknowledge and agree, by your use of the service, that your use of the service is at your sole risk. This disclaimer constitutes an essential part of this agreement.

Some jurisdictions do not allow limitations on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you. This provision shall apply to you to the maximum extent permitted by applicable laws.

The above disclaimers shall survive the termination of the agreement or your right to use this site.

Limitation of Liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall 25 and Gold Creative Studio or any of its affiliates and any of their respective employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person/entity for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the service, goods purchased through the site, any unauthorized access to or alteration of your data or any product or materials on or from the service or related to any misprints or errors on the service, including the unavailability of any product you order, any delay in the availability of goods or services, or any changes in the price of goods or services, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or computer failure or malfunction, even if an authorized representative of 25 and Gold Creative Studio or any of its affiliates has been advised of or should have known of the possibility of such damages. The liability of 25 and Gold Creative Studio towards a person or entity for any transaction or series of transactions shall be limited to the purchase price of your transaction.

Certain jurisdictions do not allow the exclusions or limitations of damages as provided above. If these laws apply to you, some of the exclusions or limitations referred to above may not apply to you. This provision shall apply to you to the maximum extent permitted by any applicable laws.

The above disclaimers shall survive the termination of the agreement or your right to access/use this site.

GENERAL PROVISIONS

Except for the Transaction Agreement and any additional terms incorporated into this Agreement or purchase made through the Site, this Agreement represents the complete agreement between you and 25 and Gold Creative Studio in relation to the use of the Service and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The failure of 25 and Gold Creative Studio to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit 25 and Gold Creative Studio's rights with respect to any such breach or any subsequent breaches.

This Agreement shall be governed by and construed under the laws of the Province of Ontario as well as the laws of Canada as applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Service/Purchase of said product(s) must be brought in the Province of Ontario.

Force Majeure. A Party shall not be considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages to any other party, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this Agreement, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic,

breakage or accident to machinery or equipment or any other cause or causes beyond such Party’s reasonable control, including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property or equipment of the Party or property or equipment of others which is deemed under the Operational Control of the Party. A Force Majeure event does not include an act of negligence or Intentional Wrongdoing by a Party. Any Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each Party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Adobe Photoshop to edit and facilitate photo orders--you can read more about how Photoshop uses your Personal Information here: https://www.adobe.com/ca/privacy.html In addition we use Canon Inc. and HP Inc. to print certain orders. Remini is used as is VanceAI.

Their privacy policies can be viewed here:
https://www.hp.com/ca-en/privacy/privacy.html and
https://www.canon.ca/en/privacy
https://app.remini.ai/privacy-and-cookie-policy
https://vanceai.com/privacy-policy/

We use Paypal to process payments for some transactions. For information on their privacy policy, please refer to the following link:

https://www.paypal.com/ca/webapps/mpp/ua/privacy-full

We may also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. Please note that our service does not take orders outside of North America.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS

The Site is not intended for individuals under the age of 13. We cannot accept orders from anyone under 18 years of age without parent and/or guaradian(s) permission in writing.

NO DATA COLLECTION:

Your use of the Service must not involve any data matching or data mining, this includes without limitation to the collection and/or use of information about other users (including their email addresses) without their express consent.

25 and Gold Creative Studio reserves the right, (in its sole discretion), to determine whether any use by you of the Service is in contravention of these Terms and Conditions. 25 and Gold Creative Studio may monitor, review and examine any Materials (as defined below) and Products that you create, access or post using the Service and if, in 25 and Gold Creative Studio sole judgment and/or discretion, any Materials or Products violate the terms of this Agreement and/or if there exists any potential violations of law, 25 and Gold Creative Studio may take any action it deems appropriate including reporting such violation of law to the appropriate enforcement authorities or confiscating (in the event of enforcement agency investigation only) or refusing to process or fulfill any orders containing any such Materials or Products and removing any such Materials or Products from the Service.

Security

Users are prohibited from violating or compromising or attempting to violate or compromise the security of the Service, including, without any limitation, (a) accessing any data not intended for such user or by logging onto a server or logging onto an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without having proper authorization; (c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the Site by: overloading, "flooding," "spamming," "mailbombing" or "crashing," including without limitation any distributed denial of service attack; or (d) forging any TCP/IP packet header and/or any part of the header information in any email broadcast or newsgroup posting.

Violations of the system or network security may result in potential civil and/or criminal liability. 25 and Gold Creative Studio will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted through the Service. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from 25 and Gold Creative Studio on the Site and other than generally available third party web browsers.

USE AND ACQUISITION OF PRODUCTS

Eligibility Requirements

The Service may only be used by residents of Canada and Users understand that orders will be shipped digitally to customers. Alternatively, some orders, under certain circumstances can be picked-up in-person within a reasonable* amount of time, or the customer MUST pay for shipping costs. 25 and Gold Creative Studio will not pay shipping fees, but can arrange to send ordered items via courier to any specified address, if the User PRE-arranges and PRE-pays for shipping directly with the courier/shipping providing the shipping services. Shipping details must be communicated clearly, by email by sending a copy of the shipper’s email confirmation to 25 and Gold Creative Studio . 25 and Gold Creative Studio does not make courier/shipping arrangements, but can fulfill orders made using the Service, or to which 25 and Gold Creative Studio offers a ship-to-home option for the Service. You are solely responsible for ensuring that you will be able to pick up ordered products, or accept delivery charges as the case may be. Items may be send to a 3rd party, so long as the User pre-arranges and pre-pays such arrangements within a reasonable amount of time. Individuals who are under the age of 18 (eighteen) may not use the Service. Individuals who wish to use the Service to use, acquire and/or purchase Products must have reached the age of majority in their respective jurisdictions. The Service may not be used by persons who have previously had their account and/or had their User rights for the Service or Materials revoked. 25 and Gold Creative Studio reserves the right to limit the availability of the Service or the Products to any person, geographic area, or jurisdiction it may designate, at any time and in it’s sole discretion, and to limit the quantities of any good, service, program, or any other product that 25 and Gold Creative Studio provides or may provide at a future date to the date noted at the top of this document. 25 and Gold Creative Studio reserves the right, (at its sole discretion), to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, same User, same household, what 25 and Gold Creative Studios deems to be the same User (regardless of validity) or the same credit card, and also to orders that use the same billing and/or shipping address. 25 and Gold Creative Studio will provide notification to the customer should any such limits be applied or enforced. ANY OFFER OF SALE OF ANY GOOD OR SERVICE THROUGH THE SERVICE IS VOID WHERE PROHIBITED.

*reasonable constitutes 30 days from date the order is completed before the order will no longer be digitally-retained by 25 and Gold Creative Studio and all monies paid to date to 25 and Gold Creative Studio by the customer is lost and non-refundable. Time is not refundable.

License and Warranties

25 and Gold Creative Studio does not claim ownership rights in any of the digital images that you access, use, create or modify using the Service (the “Materials”). For the sole purpose of allowing 25 and Gold Creative Studio to provide the Service, including enabling us to display your photos through the Service (for example, in projects) and to fulfill any orders for you or others who have access to your Materials, you grant to 25 and Gold Creative Studio (i) a non-exclusive, royalty-free license to use, copy, distribute and display those Materials (the “Materials License”), and (ii) the right to use your name in connection with the Materials. 25 and Gold Creative Studio’s use, copying, distribution and/or display of any Materials in connection with such Materials License will be subject to any applicable provincial and/or federal legislation. For the avoidance of doubt, 25 and Gold Creative Studio will not, without your prior consent, use, display or modify any of your Materials (i) other than in accordance with any activity initiated by you (e.g. sharing Materials, printing or producing photos or photo gifts, designing photo gifts and/or projects), or (ii) in any 25 and Gold Creative Studio advertisements or promotions.

You represent and warrant to 25 and Gold Creative Studio that (a) 25 and Gold Creative Studio’s use of the Materials, as contemplated herein, does not and will not violate and/or infringe on any of the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or entity or any applicable laws; and (b) you have all the rights necessary to grant all permissions, rights and licenses set forth above.

THIRD PARTY WEBSITES

References in the Service to any third party businesses, names, trade-marks or products or any hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply 25 and Gold Creative Studio's approval, endorsement, sponsorship or recommendation of such third party, such sites or such products or any representation or warranty as to the accuracy, adequacy, lawfulness or completeness of any such information provided. 25 and Gold Creative Studio is not responsible for the content or representation of any third party sites and does not make any representations regarding the content or the lawfulness, accuracy, adequacy or completeness of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

THIRD PARTY SUPPLIERS

We use precision photo-editing software to get the results we do. In order to do this, we must share your Personal Information with third parties to help us use your Personal Information, as described above.

For example, we use Adobe Photoshop to edit and facilitate photo orders--you can read more about how Photoshop uses your Personal Information here: https://www.adobe.com/ca/privacy.html

In addition we may use Canon Inc. and HP Inc. to print certain orders. Topaz Labs, Remini or VanceAI may be used for clarity enhancements.

https://community.topazlabs.com/privacyom)

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at twentyfiveandgold@yahoo.com or by mail to our business address in Barrie, ON.

Statement of commitment for AODA

25 and Gold Creative Studio is committed to ensuring equal access and participation for people with disabilities. We are committed to treating people with disabilities in a way that allows them to maintain their dignity and independence.

We believe in integration, and we are committed to meeting the needs of people with disabilities in a timely manner. We will do so by removing and preventing barriers to accessibility and by meeting our accessibility requirements under Ontario’s accessibility laws.