TERMS OF SERVICE
These Terms of Service ("Terms") regulate your usage of the Someday Club website, apps, APIs, widgets, and any other digital platforms (referred to collectively as the “Site”) owned or linked to Someday Media, Inc., its parent companies, affiliates, or subsidiaries (referred to collectively as “we,” “us,” or “our”). This includes your utilization of the services offered by Someday Club, which may encompass the sale of framed photography, fine art, furniture, or other physical goods (“Services”). Please review these Terms attentively, and reach out to us if you have any inquiries. By accessing or using the Site, the Services, and/or any other Someday Club platform or destination, you consent to abide by these Terms, as well as our PRIVACY POLICY. Kindly note that we retain the right to amend, modify, or replace any segment of these Terms by publishing updates and/or alterations on this Site at any given time. It is your responsibility to periodically review this page for modifications. Someday Club may request your consent to the updated Terms in a specified manner before permitting further use of the Site or Services. In the event that you do not agree to any amendment(s) after receiving notification of such modification(s), you undertake to discontinue using the Site and the Services immediately. Otherwise, your continued use of the Site and/or Services signifies your acceptance of any such alteration(s), if applicable.
1. USE OF SERVICES
You are permitted to utilize the Site solely if you have the legal capacity to enter into a binding contract with Someday Club and comply with these Terms along with all applicable laws. You may either casually browse the Site or opt to register with Someday Club and establish an “Account”. It is not mandatory to have an Account for ordering products or utilizing the Services. However, you are obligated to furnish us with accurate, up-to-date, and complete information for your Account and/or Orders (defined below). If there are grounds to believe or suspect that your provided information is inaccurate, outdated, incomplete, or false, we reserve the right to refuse or terminate your access to the Site or Services (or any portion thereof). Access or usage by individuals under the age of 13 is strictly prohibited. If you are below 13 years of age, you consent to refraining from using the Services, Site, or any other property of Someday Club. For users within the European Economic Area, Site usage is permissible only if you have reached the age where you can legally provide consent to data processing in accordance with the laws of your country. Utilizing the Site might entail downloading software to your computer, phone, tablet, or any other device. By agreeing to these Terms, you also agree that we may automatically update the software, with these Terms extending to any updates. Subject to these Terms and our policies (which we reserve the right to update at our discretion), we grant you a revocable, limited, non-exclusive, and non-transferable license to utilize our Service. The use of the Site and Services for any commercial purposes is strictly prohibited. If you are interested in acquiring a commercial account, please contact us at somedayclubgallery@gmail.com.
2. ACCOUNTS
When creating an Account, you must provide your name and email address and choose a password (collectively referred to as your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will consider that access to be authorized by you or your representative. You are solely responsible for all use of your Account Information, as well as all Orders and activities conducted under or associated with your Account. Without limiting any other rights we may have, we reserve the right to take any action deemed necessary or reasonable to ensure the security of the Site and your Account. This may include terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be accountable for any actions taken by users accessing the Site or Services under your Account Information, which would constitute a violation of these Terms if undertaken by you. In no event and under no circumstances will Someday Club be liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Someday Club under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to or use of your Account or password. You are not permitted to use anyone else's Account without the Account holder's permission. Please promptly inform us if you become aware of any unauthorized use of your Account Information. You agree not to register for more than one Account, register for an Account on behalf of another individual without their authorization, or register for an Account on behalf of any group or entity.
Occasionally, we may utilize a third-party service provider to serve ads and/or collect data on our behalf across the Internet, including on this Site. Some of these service providers may gather information about your Account, visits to the Site, and interaction with our products and services to tailor marketing messages on this Site and other platforms, or to enhance your Account experience. Some of these service providers may automatically collect personal information that you provide to this site via a web form, even before you submit it, and may use information from your visits to this site to send personalized marketing messages that may identify you. This information is collected through the use of cookies, JavaScript tags, and/or pixels, which are industry-standard technologies used by many major websites. The information collected may include your device’s IP address, user agent, email addresses (hashed or otherwise pseudonymized), and other pseudonymous user and device-level information. Please note that your browser settings may not allow you to control the technologies used by these third-party companies. For more information about these practices, please visit: HTTP://OPTOUT.ABOUTADS.INFO/#!/
3. ORDERS
These Terms apply to any purchase order you place through the Site using our Services, which may include buying framed artwork, fine art, furniture, etc. (each such purchase, an “Order”). When you place an Order through our Site, you are making an offer to purchase the product(s) and/or Services, and we may accept your Order by processing your payment and shipping the final product. Receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order or confirm our offer to sell. We reserve the right to decline to accept your Order or any part of it for any reason. Your Order will only be considered accepted by Someday Club once the final product(s) have been shipped to you. If any product in your Order is temporarily out of stock, we will ship the available products and notify you of any unfulfilled items. If we decline your Order, we will attempt to inform you via the email address you provided. Additionally, we reserve the right to supply less than the quantity you ordered for any item, without prior notice. Your Order is deemed accepted by Someday Club upon our delivery of the final products you ordered, to the extent they are available. We may require additional verifications or information before accepting any Order. All products are considered accepted by you upon shipment, and title to, and risk of loss of, the products pass to you when Someday Club delivers the product(s) to a common carrier.
Any estimated shipping date provided by Someday Club is based on the date we receive your Order, product availability, and payment processing time, and does not include transit time. While we process orders for shipping globally, we currently only ship framed products to addresses within Canada.
4. RETURNS
Each product sold by Someday Club is “made to order,” meaning it is specifically crafted exclusively for you after you place your Order. Consequently, Someday Club does not accept refunds, returns, or exchanges for Orders. Additionally, we are unable to accommodate any changes or cancellations to orders after 24 hours from the time the Order is placed. If you believe you have made an error with your Order, please contact us immediately at somedayclubgallery@gmail.com.
In rare instances, one or more products in an Order may sustain damage while in transit with our shipping partners. If any of your product(s) arrive damaged, please send detailed, clearly visible photos of the damage, including images of the packaging, to somedayclubgallery@gmail.com. In cases where one or more product(s) is significantly damaged, Someday Club may choose to restore or replace the damaged product(s) at its discretion following a review of the submitted photos (“Damage Review”). If you request a Damage Review, you expressly acknowledge and agree to the following: 1) photos of damaged areas of the product(s) must be clearly visible and submitted in .jpeg or .png format; 2) photos of the damage must be received by Someday Club no later than seventy-two (72) hours after the indicated delivery date of the Order by the responsible shipping provider; 3) photos of the damage must be taken immediately upon receipt of the product(s), and the product(s) must not have been hung, placed, or otherwise installed prior to capturing the damage; 4) a Damage Review requires a minimum of thirty (30) business days to complete, and Someday Club may choose to replace or repair the damaged product(s) at its discretion; and 5) the delivery of a replacement product, if applicable, will be subject to existing manufacturing capacity, inventory, availability, and shipping timing, and you may be responsible for return shipping costs if Someday Club opts to repair or replace the product(s).
5. PAYMENT, PRICING AND PRODUCTS
To complete a purchase Order, you must furnish Someday Club with the necessary information to process your Order, including your shipping address and billing details as requested on the Site for payment. Payment for your Order can be made via credit card or any other available method on the Site. By submitting your payment details, you authorize us to charge the designated payment method within thirty (30) days of credit card authorization. You affirm that you will only use a credit card or other payment method if you possess the requisite authorization. As Orders necessitate a valid credit card, it is assumed that only individuals aged 18 or above are placing Orders and providing the requested information during the Order process. We shall not be held liable if your credit card or payment method is used by your children or others, with or without your consent, to make purchases on the Site. However, you may report any unauthorized use to us, and we will take reasonable measures to prevent future unauthorized transactions.
While we endeavor to accurately display our products and their colors, the actual colors may vary depending on your monitor, and we cannot guarantee precise color portrayal. Displayed products may be out of stock or discontinued, and prices are subject to change at our discretion. The price of an item is not confirmed until you place an Order. Any modifications to your Order initiated by you on the Site or otherwise (e.g., via email to Someday Club) authorize us to charge your payment method accordingly. Despite our efforts, a few items on our Site may be mispriced, and we are not liable for typographical errors regarding price or other matters. Unless otherwise stated on the Site at the time of your Order, all prices include shipping and handling. Taxes, if applicable, will be added to your total purchase price, as indicated on the Site, and are not included in the listed prices.
6. OWNERSHIP OF TECHNOLOGY AND CONTENT
You acknowledge and understand that the software, code, proprietary methods, and systems used to provide the Site and/or Services (“Our Technology”) are: (i) copyrighted and trademarked by Someday Club, our parents, subsidiaries, affiliates, and licensors under Canadian and international copyright and trademark laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) exclusively owned by us or our parents, subsidiaries, affiliates, and licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable parents, subsidiaries, affiliates, or licensors. You are required to comply with all copyright and trademark notices, information, or restrictions contained in or attached to any of Our Technology. These Terms of Service do not grant you any right to receive delivery of a copy of Our Technology or to access Our Technology except as generally and ordinarily permitted through the Site according to these Terms. Furthermore, these Terms do not grant, by implication, estoppel, or otherwise, a license to Our Technology. Certain names, logos, and other materials displayed on the Site, products, or in the Services constitute trademarks, trade names, service marks, or logos (“Marks”) of Someday Club or other entities belonging to Someday Club. You are not authorized to use any such Marks. Ownership of all such Marks and the associated goodwill remains with Someday Club or those other applicable entities. Any use of third-party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms.
Subject to these Terms, Someday Club grants you a limited license to reproduce portions of the information and content available on the Site and in the Services solely for the purpose of using the Site and Services for your personal, non-commercial purposes. Unless otherwise specified by Someday Club in a separate license, your right to use such materials accessed or downloaded through the Site or the Services is subject to these Terms. As part of the Site and/or Services, you may have access to materials hosted by another party. You agree that it is impossible for Someday Club to monitor such materials and that you access these materials at your own risk.
You also acknowledge and agree that Someday Club and the Site feature images of unique, highly valuable photographs, and other works of art created by third-party artists. When you access the Site and/or Services, you obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call “Content.” You agree not to use, edit, alter, reproduce, or revise Content posted on any of our Sites. Additionally, you represent and warrant that you will not use any Content in any manner that:
A) Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; B) Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance, or regulation; C) Is false or inaccurate or becomes false or inaccurate at any time; D) Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive, or racially, ethnically, religiously, sexually, or otherwise offensive, as determined by us in our sole discretion; E) Discloses or provides information protected under any law, agreement, or fiduciary relationship, including but not limited to proprietary or confidential information of others; F) Misrepresents your identity in any way; G) Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; H) Advocates or encourages any illegal activity; or I) Has the potential to create liability for us or cause Someday Club to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
7. USER SUBMITTED MATERIALS
As part of the Service, Someday Club may elect to allow you to send Someday Club your own materials for Someday Club to print, frame and return to you as a final product. In such an event, any materials submitted by you to Someday Club, including, without limitation, your artwork, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions. You will retain ownership of such User Submitted Materials, and you grant Someday Club and our parents, subsidiaries, affiliates, assignees and designees a non-exclusive, perpetual, royalty-free right and license, to use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials (i) to enable you to use the Service to create, produce and purchase applicable product(s), (ii) in connection with the production or provision of any product or Service you request, (iii) to show you how your User Submitted Materials would appear in our products or Services, and (iv) to enable Someday Club to provide the applicable products and Services. For example, when you place an Order for a product using User Submitted Materials, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for framing, packaging and shipment.
Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through our Site are not proprietary to you, and the rights to such template or layout will remain with us. By submitting User Submitted Materials, you additionally represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right or privacy right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. To the extent applicable, you represent and warrant that all third-party holders of any worldwide intellectual property right, including moral rights, in User Submitted Materials, have completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in any manner, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials. You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any Order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party or law enforcement agency in order to provide the applicable products or Services, to enforce these Terms or to comply with legal obligations or governmental requests.
You agree that you, not Someday Club, are responsible for all User Submitted Materials, and you agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) the User Submitted Materials; and (ii) an actual or alleged infringement or violation of any third party’s rights with respect to such User Submitted Materials. We may, in our sole discretion, determine whether your User Submitted Materials comply with such instructions and are satisfactory for use in our Services. User Submitted Materials that we determine (in our sole discretion) violate these Terms may be removed from our Site and we may refuse to provide any Services in connection with your User Submitted Materials for any or no reason, at any time, in our sole discretion.
8. GENERAL RULES OF USER CONDUCT
Our aim is to ensure that accessing our Site and Services is a positive experience for all users. Therefore, you expressly agree not to, and represent and warrant that you will not utilize, reproduce, duplicate, copy, sell, resell, or exploit any part of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than those for which the Site or Services are provided to you. Additionally, you agree not to engage in any of the following activities:
A) Conduct or promote any illegal activities while using the Site or Services; B) Upload, distribute, or print anything that may be harmful to minors; C) Attempt to reverse engineer or disrupt the proper functioning of the Site, or derive the source code of the software (including tools, methods, processes, and infrastructure) underlying the Site; D) Attempt to gain access to secured portions of the Site or Services without authorization; E) Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; F) Use the Site or Services to generate unsolicited email advertisements or spam; G) Use the Site or Services to stalk, harass, or harm another individual; H) Employ any high-volume automatic, electronic, or manual process to access, search, or harvest information from the Site or Services (including robots, spiders, or scripts); I) Interfere with the proper functioning of the Site and Services or disrupt any servers or networks connected to the Site or Services, or violate any requirements, procedures, policies, or regulations of networks connected to the Site or Services; J) Use any robot, spider, or other automatic device to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission; K) Impersonate any person or entity, or misrepresent your affiliation with a person or entity; or L) Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
9. MODIFICATIONS TO / DISCONTINUANCE OF THE SITE AND/OR SERVICES
We retain the right to alter or terminate the Site or Services with or without prior notice to you. We shall not be held liable to you or any third party for exercising our right to modify or discontinue the Site and/or Services. Periodically, you may need to update third-party software to continue using the Site and/or Services. If you disagree with any such changes, your only recourse will be to discontinue access to the Site or Services. By continuing to access the Site or Services after being notified of any changes, you acknowledge and accept such modifications and express satisfaction with the Site or Services as modified. You consent that we, at our discretion, may promptly terminate your access to the Site and Services at any time, for any reason. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
10. DISCLAIMERS
The Site and our Service are provided on an "as is" basis without any warranty, whether express or implied. We explicitly disclaim all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, as well as any warranties arising from course of dealing or usage of trade. Someday Club assumes no responsibility and accepts no liability for any User Submitted Materials posted or sent by you, other users, or third parties using our Service. You acknowledge and agree that you may encounter Content and/or User Submitted Materials that are inaccurate, objectionable, inappropriate for children, or otherwise unsuitable for your intended use. We do not warrant that the products, Site, or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error-free. We also do not guarantee any specific results from the use of our products, Site, or Services, nor do we warrant that defects in the Site or Services will be corrected. You understand and agree that you are solely responsible for any damage to your computer or loss of data resulting from the download of any material and/or use of any product, Service, or the Site. Any advice or information obtained from us through the Site, Services, or otherwise will not create any warranty, representation, or guarantee not expressly stated in these Terms.
11. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE OFFER THE PRODUCTS FOR SALE AND PROVIDE ACCESS TO THE SITE AND SERVICES ONLY IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INFRINGEMENTS, LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR OTHER INTANGIBLE LOSSES. THIS APPLIES EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH DAMAGES MAY ARISE OUT OF OR BE RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD-PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY MERCHANT SITES OR ANY OTHER SITES LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE TOTAL AMOUNT OF THE ORDER GIVING RISE TO OUR LIABILITY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. However, to the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. If we cause damage to you and you are a consumer in the EEA, our liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Someday Club is not liable for damages resulting from a non-material breach of any other applicable duty of care. This limitation of liability does not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you. However, our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will Someday Club, or our parents, subsidiaries, directors, officers, shareholders, employees, contractors, agents, representatives, or affiliates be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control. This includes, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, pandemics, or other global catastrophes, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Someday Club, our parents, subsidiaries, affiliates, officers, directors, shareholders, co-branders, and other partners, employees, consultants, and agents (collectively referred to as "Someday Club Parties"), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from:
(i) Your use of the products, Site, or Services; (ii) Your violation of these Terms or any other representation or warranty made to Someday Club; (iii) Your breach of any representation or warranty contained in these Terms; (iv) Your User Submitted Materials; (v) Your violation of any rights of any other person or entity; (vi) Any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots, or other similar harmful or deleterious programming routines input by you into the Site or Services.
Someday Club reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Site and/or Services.
13. DISPUTE RESOLUTION
You expressly acknowledge and agree that your remedies for any dispute with Someday Club or any of the Someday Club Parties will be limited to the arbitration procedures set forth below, and in no event will you be entitled to:
(i) rescind your agreement to these Terms, (ii) seek or obtain any form of injunctive or other equitable relief, or (iii) in any way or manner enjoin or impair the continued operation of the Service or the Site by any of the Someday Club Parties.
Nothing in this Section shall prevent Someday Club from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property, or unauthorized access to the Site or Service.
For any dispute you have with Someday Club, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Account or otherwise associated with your Order. If Someday Club hasn’t been able to resolve the dispute with you informally, you agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms, the Commercial Arbitration Act governs the interpretation and enforcement of this provision, and that you and Someday Club are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Account, if you have one.
Any arbitration will be administered by the ICDR Canada under the Consumer Arbitration Rules then in effect for the ICDR, except as provided herein. Unless you and Someday Club agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any ICDR filing, administrative and arbitrator fees in accordance with ICDR Rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SOMEDAY CLUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Someday Club or our Service isn’t arbitrable under applicable laws or otherwise: you and Someday Club both agree that any claim or dispute regarding Someday Club, the Site and/or the Service will be resolved exclusively in accordance with Section 12 of these Terms.
14. APPLICABLE LAW
These Terms and any actions related to them will be governed and construed in accordance with the laws of the Province of British Columbia, Canada, consistent with the Federal Arbitration Act, without regard to any principles that may provide for the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15. NOTICE
Where Someday Club requires you to provide an email address, you are responsible for ensuring that Someday Club has your most current email address. If the last email address you provided to Someday Club is not valid or unable to deliver any notices required/permitted by the Terms for any reason, Someday Club’s dispatch of the email containing such notice will still constitute effective notice. You may give notice to Someday Club at the following address: somedayclubgallery@gmail.com. Such notice shall be considered given when received by Someday Club's email server.
16. ASSIGNMENT
These Terms, along with any rights and licenses granted hereunder, cannot be transferred or assigned by you but may be assigned by Someday Club without restriction. Any attempted transfer or assignment by you in violation hereof shall automatically and immediately be null and void. If you are a consumer in the EEA, either you or Someday Club may assign this agreement, and any rights and licenses granted under it, to a third party. In the event of such an assignment by Someday Club, you have the right to terminate the agreement immediately by deactivating your Account. Someday Club will make reasonable efforts to provide you with notice of any such assignment.
17. WAIVER
Any waiver or failure to enforce any provision of the Terms on one occasion will not be considered a waiver of the same or any other provision on any other occasion.
18. PARTIES
If you reside in Canada, these Terms constitute a contract between you and Someday Club.
19. SEVERABILITY & ENTIRE AGREEMENT
These Terms, along with the Privacy Policy and any amendments and additional agreements you may enter into with Someday Club or another Someday Club Party, constitute the entire agreement between you and Someday Club regarding the Service, Site, and your Account. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Questions about the Terms of Service should be directed to somedayclubgallery@gmail.com.