Important information regarding ImageSails®
ImageSails® are proudly custom made in the USA, from the finest materials, by elite Sailmakers.
ImageSails® are the most visually striking and durable printed sails available that do not compromise the sail’s performance.
ImageSails® are printed with photographic and art images utilizing a proprietary, Patent Pending, process of printing and construction.
ImageSails® are printed sailboat sails, catamaran sails, kayak sails, kitesurfing sails, windsurfing/sailboarding sails, other sails, parachutes, canopies, hang gliders, kites, hot air balloons, or any wind collecting apparatus of a vessel.
On sailboats, catamarans, and the like, any type of sail may be commissioned, encompassing both mainsails and headsails, including but not limited to: mainsails, jibs, genoas, spinnakers, gennakers, and storm sails.
IMAGESAILS® LEGAL INFORMATION
ARTWORK AND ARTISTS’ SUBMISSIONS
Client or artist must furnish proof of ownership, or proof of right to use for the intended purpose, for all images to be used. If you supply an image or photograph, you are taking full responsibility for owning, or having licensed, the rights to its use. Neither ImageSails®, nor their suppliers nor subsidiaries, will be legally responsible legally for images provided without the true and correct written consent of the image or photograph’s owner.
The quality of the final output is directly related to the quality of the original.
All ImageSails are backed by a one-year warranty on workmanship. Any addition or substitution of parts or accessories with those not manufactured by ImageSails, as well as any alteration, modification or other material change made to or on ImageSails products by a third party not authorized by ImageSails, cancels the warranty. ImageSails does not approve any modification made by non-authorized third parties on the ImageSails products. Such modifications may harm the quality and the integrity of the ImageSails products. This warranty does not cover damage done by the consumer or normal wear and tear.
SailDraft and auto-pricing are intended as approximate design and estimation tools. We encourage you to contact ImageSails for personal assistance and exact pricing.
Prices and specifications are subject to change without notice.
PATENT PENDING WORLDWIDE; TRADEMARKS
Patent Pending Worldwide; Registered Trademark: ImageSails®
Registered Trademarks: The Art of Sailing®, Let Your Imagination Sail®
Trademarks: SailDraftTM, Image Really Is EverythingTM, Raise Your StandardsTM, Imagine EverythingTM, Everything You ImagineTM
WWW.IMAGESAILS.COM LEGAL INFORMATION
1) ACCEPTANCE OF TERMS
By visiting the website www.ImageSails.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.ImageSails.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of www.ImageSails.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and www.ImageSails.com and that your use of www.ImageSails.com shall indicate your conclusive acceptance of this agreement.
2) PROVISION OF SERVICES
You agree and acknowledge that www.ImageSails.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that www.ImageSails.com is entitled to provide services to you through subsidiaries or affiliated entities.
3) PROPERTY RIGHTS
You acknowledge and agree that www.ImageSails.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. www.ImageSails.com authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. All intellectual property rights such as trademarks, trade names, designs and copyrights are reserved and are exclusively owned by ImageSails. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4) SUBMITTED CONTENT
When you submit content to www.ImageSails.com you simultaneously grant www.ImageSails.com an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to www.ImageSails.com.
5) DESCRIPTION AND DEPICTION OF PRODUCTS AND SERVICES
ImageSails reserves the right at all times to modify models featured in the Website, and to develop products continually. While ImageSails has tried to accurately display shapes, colors, and designs of its products on the Website, they greatly depend on your monitor and other variables, and may therefore be perceived differently.
6) TERMINATION OF AGREEMENT
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
7) DISCLAIMER OF WARRANTIES
You understand and agree that your use of www.ImageSails.com is entirely at your own risk and that our services are provided “As Is” and “As Available”. www.ImageSails.com does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the www.ImageSails.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
8) LIMITATION OF LIABILITY
You understand and agree that www.ImageSails.com and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not www.ImageSails.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of www.ImageSails.com is limited to the greatest extent permitted by law.
9) EXTERNAL CONTENT
www.ImageSails.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that www.ImageSails.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by www.ImageSails.com to resolve any legal matter arising from this agreement or related to your use of www.ImageSails.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
11) ENTIRE AGREEMENT
You understand and agree that the above Terms constitute the entire general agreement between you and www.ImageSails.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
12) CHANGES TO TERMS
www.ImageSails.com reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of www.ImageSails.com after any changes to Terms will signify your agreement to be bound by them.
Please read the following carefully to understand our policies and practices regarding the treatment of personal information. This Policy does not apply to the information you provide to ImageSails or to the information that ImageSails may collect offline and/or through other means. It also does not apply to the information collected by another affiliated or third party website or application that may link to or be accessible from the Website.
By using the Website, you agree that whenever you submit personal information via the Website, ImageSails can collect, use, and disclose that information in accordance with this Policy.
INFORMATION COLLECTED FROM YOU
ImageSails does not collect your personal information from you without your knowledge or permission and does not ask you for such information to access and use the Website.
Like many websites, the Website may actively collect and store personal information that you supply voluntarily while on the Website, including sharing webpages via e-mail or by permitting you to communicate directly with ImageSails via e-mail in connection with the Website.
IMAGESAILS MAY COLLECT THE FOLLOWING INFORMATION FROM YOU
The personal information you voluntarily provide to ImageSails, such as your full name and email address. Passive information collected as you use the Website, which may include your IP address, cookies and web beacons.
INFORMATION YOU VOLUNTARILY PROVIDE
Personal information that you provide when prompted by the Website. This includes certain functions on the Website, such as sending a message via email to yourself or someone else regarding Website-related content. If you wish to use this feature, you may provide ImageSails with your or your friend’s e-mail address so that we can facilitate the sending of the message. Records and copies of your correspondence (including e-mail addresses), if you contact ImageSails.
INFORMATION SUCH AS IP ADDRESSES, COOKIES, AND WEB BEACONS
As you navigate through the Website, certain information may be passively collected (that is, gathered without you actively providing the information). ImageSails may collect information about your computer and Internet connection, including your IP address, operating system and browser type, for system administration and to report aggregate information to the advertisers. This is statistical data about the users’ equipment, browsing actions and patterns, and does not identify any individual.
The Website may use “cookies” to collect information about how the Website is used which allows ImageSails to enhance your experience and the Website’s user‑friendliness. A “cookie” is a bit of information that a web browser can store on your hard drive that helps the Website remember information about you and your preferences. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. If you are simply browsing the Website, a cookie only identifies your browser.
Pages of the Website may contain electronic images known as web beacons (also referred to as single-pixel gifs) that permit ImageSails to count users who have visited those pages and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity). Web beacons are not used to access your personal information and data on the Website and are only used to compile aggregated statistics concerning use of the Website.
The Website is not intended for children under the age of 13. No one under the age of 13 may provide personal information and data to the Website and ImageSails will not knowingly collect information from Website visitors in this age group.
USE AND DISCLOSURE OF INFORMATION AND PERSONAL DATA
Subject to the terms of this Policy, ImageSails may use your information and personal data to improve the content of the Website, to customize the Website to your preferences, to communicate information to you (if you have requested it), for our marketing and research purposes, and for the purposes specified in this Policy. Any information and personal data you provide through the Website will not be sold, rented or published.
ImageSails subsidiaries and affiliates;
Contractors and service providers ImageSails uses to support its business and its Website, i.e. technical support, Official ImageSails Retailers, etc.;
Finally, when required by applicable laws or court orders, ImageSails may disclose your information and personal data.
Protecting your information and personal data is of primary concern to ImageSails. The information and personal data that is collected is stored on secure servers and ImageSails otherwise takes reasonable precautions to protect it.
However, ImageSails cannot warrant and does not represent that our level of security meets or exceeds any specific standards. No Internet transmission is 100% secure, nor is stored data free from vulnerabilities. ImageSails cannot guarantee the security of the Website, databases or services, nor can ImageSails guarantee that the personal information you supply will not be intercepted while being transmitted over the Internet. ImageSails is not responsible for the actions of third parties.
RIGHT OF ACCESS, MODIFICATION, CORRECTION, AND REMOVAL
You have the right to access, modify, correct and remove your personal information and you may contact ImageSails at any moment in this regard.
ImageSails reserves the right to modify, alter or otherwise update this Policy from time to time and you agree to be bound by such modifications, alterations or updates. If this Policy changes, the revised policy will be posted on the Website. Please check back periodically and/or before you provide any personally identifiable information.
ImageSails Payments and Billing Agreement
You accept this Payments and Billing Agreement when you make a payment, sign up for a recurring payment, or when you accept our User Agreement. We may amend this agreement and provide you with 30 days’ prior notice by posting notice of the change on the “Policy Updates” page of our website. After this 30 day notice period, you will be considered as having expressly consented to all amendments to this agreement.
1. Recurring Payments
A Recurring Payment is a payment in which you as a buyer provide an advance authorization to a ImageSails LLC, directly on a one-time, regular, or sporadic basis. Recurring Payments are sometimes called “Subscriptions”, “Automatic Payments”, “Preapproved Payments” or “Future Payments”. By providing an advanced authorization for an ImageSails LLC initiated payment, you are giving ImageSails LLC the ability to collect or reverse variable payment amounts from your Nominated Payment Source until such time as this arrangement is cancelled.
2. You hereby authorize and instruct ImageSails LLC to collect amounts from your Nominated Payment Source for the amounts you agreed to owe. You acknowledge and agree that use of Recurring Payments in any form means that these payments may be variable and scheduled to occur at certain times (in the manner agreed between you and ImageSails LLC). You should make sure that you fully understand your payment obligations with ImageSails LLC and ensure you always have sufficient funds to meet your ongoing commitment to ImageSails LLC.
3. If your payment requires a currency conversion by ImageSails LLC, the amount of the currency conversion fee will be determined at the time ImageSails LLC processes your payment and completes the transaction. You acknowledge that the exchange rate determined at the time of each payment transaction will differ and you agree to the future execution of ImageSails LLC payments being based on fluctuating exchange rates.
4. In some cases, ImageSails LLC may hold a small payment to verify your account. The hold is usually released within 3 to 5 days.
5. Billing Agreement
When you establish a Recurring Payment with ImageSails LLC, you are also entering into a Billing Agreement with ImageSails LLC. By entering into a Billing Agreement you are authorizing ImageSails LLC to charge your Nominated Payment Source directly. You are further agreeing to not dispute your recurring billing with your bank so long as the transactions correspond to the terms indicated when designated.
By processing the initial payment, or executing the Agreement and Addendum, you are approving the design of the ImageSail you are purchasing, as depicted in the rendering. You further understand that this rendering, while highly representative, is not an exact representation, and may be affected by panel placement, color differential between computer monitor and print, and other factors. You understand that, upon process of the initial payment, you are fully responsible for payment of the entire purchase price. You waive all rights to make changes after process of initial payment, understanding that the complexities and costs of the process necessitate a full commitment.
By processing the initial payment, or executing the Agreement and Addendum, you are approving all measurements and specifications of the ImageSail, including measurement of the graphic area, as detailed in the Agreement and Addendum. You acknowledge that you have either provided these figures or confirmed their accuracy. You understand and agree that you are responsible for the correctness and completeness of the measurements and specifications, and that upon processing the initial payment, or executing the Agreement and Addendum, ImageSails LLC will not be liable or responsible for any errors, discrepancies, or omissions.
6. Payment Method Selection for ImageSails LLC payments
When ImageSails LLC requests a payment from your account, ImageSails LLC will always attempt to withdraw funds from your primary Payment Method first. If funds in your balance are insufficient, ImageSails LLC will look for and attempt to charge a preferred Payment Method that you have set up for the Recurring Payment. You will have the option to select a preferred Payment Method during enrollment, and you can update or change your preferred funding source at any time via the “Account Profile” section on the ImageSails LLC website.
If the preferred Payment Method fails (for example, a credit or debit card expires) and your account cannot complete a transaction in the first instance, it may be used again to try to complete the transaction. If the preferred Payment Method in your ImageSails LLC account cannot complete a transaction after repeated attempts, each of the other payment methods available in your ImageSails LLC account may be used to try to complete the transaction. You will have the ability to disable payment methods for your Recurring Payment, with the exception that if you have one or more credit or debit cards linked to your ImageSails LLC account, then at least one of those cards must be enabled for billing.
In some cases, where you do not have the option to select a preferred Payment Method, your default payment method will be used for the Recurring Payment.
7. Installment Plans and Automatic Billing arrangements
ImageSails LLC provides customers with the option to sign up for “Installment Plans” and “Automatic Billing arrangements”.
a. Installment Plans.
Installment Plans allow customers the ability to make a purchase and pay in installments. If you use Installment Plans, you are granting ImageSails LLC your express consent to charge in installments.
b. Automatic Billing.
The Automatic Billing functionality allows ImageSails LLC to automatically charge your Nominated Payment Source on a regular basis in an amount which you have defined. The payment you receive is called an “Automatic Payment”. If you use Automatic Billing or Recurring Payments, you are granting ImageSails LLC express consent for the amount, frequency, and duration of the Automatic Payment.
c. ImageSails LLC reserves the right to terminate your usage of its payment systems if you breach the terms of this Policy or any other User Agreement and incorporated policies which you have accepted from ImageSails LLC.