Before you may become a member of Delphi Glass, you must read and accept all the terms and conditions in, and linked to, this Agreement.
Products, Content and Specifications
Delphi attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date.
All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice.
We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.
Delphi Glass.com Artist Gallery Section is a Venue
Delphi's Artist Gallery acts as a venue to allow users who comply with Delphi's policies to share and view finished art projects. Delphi Glass has no control over the quality, accuracy, safety, or legality of any aspect of listings or any other user generated content. Delphi Glass does not pre-screen users or the content or information provided by users. Delphi Glass assume no responsibility for misuse of the Delphi Artist Gallery service or for any actives that take place outside of http://www.delphiglass.com.
By using the Delphi Glass Artist Gallery, you agree that Delphi Glass is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Delphi Glass. You use the Delphi Glass service at your own risk.
Delphi Glass's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
By using the Delphi Glass Artist Gallery, you agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Delphi's policies as stated in the Agreement and these Delphi Glass policy documents:
Password: You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Delphi Glass of any unauthorized use of your password or any breach of security. You also agree that Delphi Glass cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Transfer: You may not transfer or sell your Delphi Glass account and/or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service. Delphi Glass reserves the right, in Delphi Glass's sole discretion, to cancel unconfirmed or inactive accounts. Delphi Glass reserves the right to refuse service to anyone, for any reason, at any time.
Your Content and your use of Delphi Glass shall not:
Content / License
- Be false, inaccurate or misleading
- Be fraudulent or involve the intended sale of illegal, counterfeit or stolen items
- Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, Delphi Glass's Copyright and Intellectual Property Policy)
- Violate this Agreement, The Artist Gallery Rules, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Delphi Glass staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Delphi Glass or modify another website so as to falsely imply that it is associated with Delphi Glass
- Appear to create liability for Delphi Glass or cause Delphi Glass to lose (in whole or in part) the services of Delphi Glass's ISPs or other suppliers
- Contain any links, URLs, or attempt to lead viewers to locations off Delphi Glass unless explicitly given permission by Delphi Glass to do so
Re-Posting Content: By posting Content on Delphi Glass, it is possible for an outside website or a third party to re-post that Content. You agree to hold Delphi Glass harmless for any dispute concerning this use. If you choose to display your own Delphi Glass-hosted image on another website, the image must provide a link back to its listing page on Delphi Glass.
Delphi Glass does not control the Content provided by users that is made available on Delphi Glass Artist Gallery. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Other Resources: Delphi Glass is not responsible for the availability of outside websites or resources linked to or referenced on the Site. You agree that Delphi Glass shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes
In the event a dispute arises between you and Delphi Glass, please contact Delphi Glass.
Should you have a dispute with one or more users, or an outside party, you release Delphi Glass (and Delphi Glass's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Delphi Glass encourages users to report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
Delphi Glass has no obligation to resolve disputes between users or between users and outside parties. To the extent that Delphi Glass attempts to resolve a dispute, Delphi Glass will do so in good faith based solely on Delphi Glass's policies. Delphi Glass will not make judgments regarding legal issues or claims.
Infringement of Policy
All users of Delphi Glass must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. Delphi Glass will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting on Delphi Glass. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, video, multimedia, items, products, audio and links that are posted to and displayed on the Site.
Delphi Glass's Intellectual Property
Delphi Glass, and other Delphi Glass graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Delphi Glass, Inc. in the U.S. and/or other countries. Delphi Glass's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
You agree that you will not:
Warnings / Suspension
- Take any action that imposes, or may impose, in Delphi Glass's sole discretion, an unreasonable or disproportionately large load on Delphi Glass's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in the Artist Gallery Rules from the Site without the prior expressed written permission of Delphi Glass and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Delphi Glass's robot exclusion headers or other measures Delphi Glass may use to prevent or restrict access to Delphi Glass
Delphi Glass may, without notice, delay or immediately remove Content, warn Delphi Glass's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
DELPHI GLASS, DELPHI GLASS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND DELPHI GLASS'S SUPPLIERS PROVIDE DELPHI GLASS'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. DELPHI GLASS, DELPHI GLASS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND DELPHI GLASS'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DELPHI GLASS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL DELPHI GLASS, AND (AS APPLICABLE) DELPHI GLASS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR DELPHI GLASS'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, DELPHI GLASS'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
DELPHI GLASS'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF DELPHI GLASS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO DELPHI GLASS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD DELPHI GLASS AND (AS APPLICABLE) DELPHI GLASS'S SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Delphi Glass does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Delphi Glass's control.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Delphi Glass are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Service Modification / Termination
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Michigan and disputes arising under this Agreement will be adjudicated by the courts of the State of Michigan.
The following shall survive any termination or expiration of this Agreement.
Fees, Services, Content/ License, Information Control , Resolution of Disputes, Delphi Glass's Intellectual Property, Access and Interference, Privacy, No Warranty, Liability, Indemnity, Service Outage, Severability, No Agency, Litigation.
Notices shall be given by postal mail to: Delphi Glass Corporation Artist Gallery Dept., 3380 East Jolly Road, Lansing, MI 48910 or to the email address you provide to Delphi Glass. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Delphi Glass may also give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Delphi Glass.