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TERMS OF SERVICE
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PLEASE READ THIS
AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE
OF THE WEB SITE (THE "WEB SITE") AND THE
SERVICES AND GOODS PROVIDED THROUGH OR IN CONNECTION
WITH THE WEB SITE (COLLECTIVELY, THE
"SERVICE"). IT EXEMPTS THE THE COMPANY (THE
"COMPANY") AND OTHERS FROM LIABILITY OR
LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT
PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE
WEB SITE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU
HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY EACH
PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE
SERVICE, YOU MAY NOT USE THE SERVICE.
EACH TIME YOU USE THE SERVICE, THE TEXT OF THIS
AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE.
ACCORDINGLY, WHEN YOU USE THE SERVICE, YOU SHOULD
CHECK THE EFFECTIVE DATE OF THIS AGREEMENT (WHICH
APPEARS AT THE TOP OF THIS AGREEMENT) AND, IF THE
AGREEMENT HAS BEEN REVISED SINCE YOUR LAST VISIT TO
THE WEB SITE, REVIEW THIS NEW VERSION OF THE
AGREEMENT.
YOUR ACCEPTANCE OF THIS AGREEMENT
This Agreement (which includes the Acceptable Use
Policy which may be found by clicking here)
is an agreement between you and the Web Site and
governs the use of the Service and any Materials that
you may use or allow others to use in connection with
the Service. For purposes of this Agreement, "Materials"
includes user IDs, email addresses, passwords,
comments, images, graphics, text and data and any
other forms of information submitted to the Company,
regardless of whether such information is posted
publicly or with password protection.
Each time you use the Service, you signify your
acceptance and agreement, and the acceptance and
agreement of any person you purport to represent (and
for purposes of this Agreement, "person"
includes any type of incorporated or unincorporated
entity), without limitation or qualification, to be
bound by this Agreement, and you represent and warrant
that you have the legal authority to agree to and
accept this Agreement on behalf of yourself and any
person you purport to represent. If you do not agree
with each provision of this Agreement, or you are not
authorized to agree to and accept this Agreement, or
you do not have the legal authority to agree to and
accept this Agreement, then you may not use the
Service.
CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement
in any manner. The Company may, in its sole discretion,
change, supplement or amend this Agreement as it relates
to your future use of the Service from time to time,
for any reason, and without any prior notice or liability
to you or any other person. (If you do not agree to
a change, you must terminate your membership as addressed
below.).
AUTHORIZED USERS
The Service may be used only by individuals resident
in Canada or the United States of America. The System
may be used only by individuals who have reached the
age of majority or legal age in their jurisdictions
and who can form legally binding contracts under
applicable law. The System may not be used by
individuals who have had their Web Site membership or
account terminated or by individuals in jurisdictions
where the System, or any part of it, may be illegal.
It is solely your responsibility to determine whether
your use of the System is lawful, and you must comply
with all laws applicable in your jurisdiction,
including export restrictions. The Company reserves
the right to limit the availability of the Service
and/or the provision of any service, program, film, or
other product described therein to any person,
geographic area, or jurisdiction we so desire, at any
time and in our sole discretion, and to limit the
quantities of any such service, program, film, or
other product that the Company provides. VOID
WHERE PROHIBITED.
FEES, CHARGES AND TAXES,
AVAILABILITY, PRICES, MISPRINTS AND ERRORS, AND ORDERS
All fees and charges will be at the rates in effect at
the time the charges were incurred. Charges incurred
under this Agreement may include charges related to
use of the Service, as well as charges related to
goods and services provided by third parties but
acquired through the Service. You are responsible for
paying all fees, charges and applicable taxes
associated with your use of the Service and any use of
the Service by any person using your user ID or
password. All amounts appearing on the Web Site are
quoted in US dollars.
All charges incurred for use of the Service by any
person using your user ID or password will be charged
to your credit card as reflected in your registration
records. You may update the credit card information
from time to time. (Annual account fees will be billed
in advance of the provision of the services. You will
not be entitled to any credits, rebates, or refunds
for times when the Service is down or otherwise
unavailable.) The purchase price and other applicable
charges and taxes will be billed in advance of the
delivery of goods and services.
The Company endeavors to provide current and accurate
information on the Web Site. Nevertheless, misprints
or other errors may occur. Accordingly, the Company
reserves the right to change the prices, fees and
charges associated with the Service, including any
goods and services available through the Service, at
any time and from time to time without any notice or
any liability to you or any other person. Also, due to
the popularity of some goods and services, the Company
cannot guarantee that goods or services advertised on
the Web Site will be available when ordered or
thereafter. The Company also reserves the right at any
time to reject, correct, cancel or terminate any
order. If you order goods or services for which the
price was incorrectly displayed at the time of your
order, the Company will provide you with an
opportunity to cancel your order. If you order goods
or services that are not available, the Company will
notify you by email. The Company reserves the right to
limit quantities licensed or sold.
The advertisements on the Web Site 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 Web Site
sends an order acceptance and shipping notice email to
your email address. You may not cancel an order after
the Company has sent an order acceptance and shipping
notice email to you. If you wish to cancel an order
that has not yet been accepted, you may request a
cancellation by sending an email to the webmaster.
However, the Web Site may not receive and process your
cancellation request before it accepts and processes
your order, in which case your cancellation request
may not be effective.
If any payment due is not made by you, the Company
may, in addition to its other remedies, at its sole
discretion and without notice to you, (a) suspend its
performance under this Agreement and your access to
and use of the Service, or (b) terminate this
Agreement and your access to and the use of the
Service. If legal action is necessary to collect fees
or charges due from you, then you will reimburse the
Company for all expenses incurred in collecting the
fees and charges, including all lawyers fees and other
legal expenses.
Storage Policy
Great National
Camera provides free online storage of images to its
members for an initial period of 30 days from the
date you first upload an image to your Great National
Camera account. To maintain free storage, you need
to make a purchase from Pro Quality Photo at least
once with 30 days. Pro Quality Photo reserves
the right to delete any images stored on our servers
at any time, for any reason, at its sole discretion.
By using Pro Quality Photo services, you agree
to hold Pro Quality Photo harmless, and acknowledge
that Pro Quality Photo is in no way responible
for the images placed on our servers. Always keep
a copy of any images you don't want to risk losing!
Pro Quality Photo may change
this policy at any time without notice.
TERMINATION OF THIS AGREEMENT
AND THE SERVICE
If you breach any provision of this Agreement, then
you may no longer use the Service.
(You may terminate this Agreement at any time. To
terminate this Agreement, you must notify the Web
Site by sending email to the webmaster.
After receipt of your termination notice, the Web
Site will terminate your account.)
The Company may, in its sole discretion, change, suspend,
or terminate, temporarily or permanently, the Service
or any part of it at any time, for any reason, without
any notice to you and without any liability to you
or any other person.
The Web Site or its service providers may at any time
and for any reason, with or without cause, and in
their sole discretion, immediately: (i) suspend or
terminate (in whole or in part) your authorization
to use the Service and any membership and account
you may have; (ii) suspend or terminate and permanently
delete and destroy any user ID, password, URL, IP
address or domain name; (iii) remove from the Service
and permanently delete and destroy any Materials (or
any components thereof) that you or others may have
posted or submitted to 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 no reason; (iv) restrict access to the
Materials posted or submitted to the Service and to
any account you may have; and (v) bar you from any
future use of the Service; all without any prior notice
or liability to you or any other person.
The Company and its service providers are not required
to assess or otherwise determine the validity or legitimacy
of any complaints or demands that they may receive
regarding any Materials that you may use or allow
others to use in connection with the Service (including
Materials posted or submitted to the Service) before
the Company and its service providers take any remedial
action that they consider, in their sole discretion,
to be appropriate.
If this Agreement is [terminated by you] or by the
Company 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, including payment
of any charges accrued in connection with use of the
Service; (b) The Web Site may immediately remove from
the Service 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; and (c) any fees and charges previously
paid by you for unused services will not be refunded.
DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE
AND INDEMNITY
The Company strives to make your use of the Service
a useful and enjoyable experience. Nevertheless, the
Company and its service providers do not accept any
liability for your use of the Service. For that reason,
the following provisions apply to your use of the
Service:
DISCLAIMER
YOUR USE OF THE SERVICE, INCLUDING ANY MATERIALS,
DATA OR INFORMATION POSTED, SUBMITTED, DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE SERVICE, IS AT YOUR
OWN RISK. THE SERVICE IS NEITHER DESIGNED NOR INTENDED
TO BE USED AS A DISASTER RECOVERY FACILITY OR AS AN
EMERGENCY DATA STORAGE FACILITY. ALTHOUGH THE COMPANY
TAKES REASONABLE PRECAUTIONS TO PRESERVE AND PROTECT
THE MATERIAL YOU MAY UPLOAD TO THE SERVICE, YOU SHOULD
NOT RELY ON THE SERVICE AS YOUR ONLY SOURCE FOR THE
MATERIAL YOU PROVIDE. YOU SHOULD KEEP YOUR OWN BACKUP
COPIES OF ALL MATERIALS YOU MAY USE, OR ALLOW OTHERS
TO USE, IN CONNECTION WITH THE SERVICE, INCLUDING
MATERIALS POSTED OR SUBMITTED TO THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING
AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE
OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE,
INCLUDING ALL COMPUTERS, TELEPHONE AND INTERNET SERVICE
AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT, AND
SOFTWARE.
YOU ARE SOLELY RESPONSIBLE FOR, AND BEAR ALL RISKS
AND LIABILITIES ASSOCIATED WITH, ALL MATERIALS YOU
MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH
THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED
TO THE SERVICE. YOU ARE SOLELY LIABLE AND RESPONSIBLE
FOR ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY OTHER
PERSON ARISING OUT OF, IN CONNECTION WITH, OR RELATING
TO USE BY YOU, OR ANYONE ACCESSING THE SERVICE WITH
YOUR USER ID OR PASSWORD, OF THE SERVICE, YOUR BREACH
OF THIS AGREEMENT, YOUR VIOLATION OR INFRINGEMENT
OF THE RIGHTS OF OTHER PERSONS, OR YOUR VIOLATION
OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. YOU ARE SOLELY
RESPONSIBLE FOR THE MANNER IN WHICH THE MATERIALS
YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION
WITH THE SERVICE, INCLUDING MATERIALS POSTED TO THE
WEB SITE, ARE USED BY MEMBERS AND OTHER SERVICE USERS.
THE WEB SITE AND ITS SERVICE PROVIDERS DISCLAIM ANY
AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL
SUCH MATTERS.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS
FACTORS BEYOND THE WEB SITE'S CONTROL. THE OPERATION
OF THE SERVICE MAY NOT BE CONTINUOUS OR UNINTERRUPTED
OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS
TO MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO
USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS
POSTED OR SUBMITTED TO THE SERVICE.
THE WEB SITE AND ITS SERVICE PROVIDERS ARE UNDER NO
OBLIGATION TO VERIFY THE IDENTITY OF ITS MEMBERS OR
OTHER USERS OF THE SERVICE. THE WEB SITE AND ITS SERVICE
PROVIDERS DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED
TO THE SERVICE AND DO NOT MONITOR, SCREEN, POLICE
OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE
LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS
POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE
OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE
WHEN USING THE WEB SITE AND RELATED SERVICES.
THE WEB SITE AND ITS SERVICE PROVIDERS ARE NOT LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE
ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS
ON THE WEB SITE, INCLUDING THE UNAVAILABILITY OF ANY
PRODUCT OR SERVICE YOU ORDER, ANY DELAY IN THE AVAILABILITY
OF PRODUCTS OR SERVICES , OR ANY CHANGES IN THE PRICE
OF PRODUCTS OR SERVICES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR
DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY
THE WEB SITE AND ITS SERVICE PROVIDERS TO THE FULLEST
EXTENT PERMITTED BY LAW.
THROUGH YOUR USE OF THE SERVICE, YOU MAY HAVE THE
OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH
OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN
RISK. THE WEB SITE AND, UNLESS THEY EXPRESSLY AGREE
OTHERWISE, ITS SERVICE PROVIDERS ARE NOT PARTIES TO
ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY
REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
THE WEB SITE AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION,
WARRANTY OR CONDITION THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL
BE COMPATIBLE WITH YOUR COMPUTER AND RELATED
EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
- THE SERVICE WILL BE AVAILABLE OR WILL FUNCTION
WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR
THAT ANY ERRORS WILL BE CORRECTED;
- THE SERVICE, THE INFORMATION OBTAINED THROUGH
THE SERVICE, OR ANY RESULTS THAT MAY BE OBTAINED
THROUGH THE USE OF THE SERVICE OR THE INFORMATION
WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR
AUTHENTIC;
- THE COMPANY WILL MONITOR THE WEB SITE OR ANY
MATERIALS THAT YOU OR THIRD PARTIES POST TO THE
WEB SITE OR ANY COMPONENT THEREOF;
- THE QUALITY OF ANY GOODS, SERVICES, INFORMATION
OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS;
- THE USE OF THE SERVICE, INCLUDING THE BROWSING
AND DOWNLOADING OF ANY MATERIALS FROM THE WEB
SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES,
WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE
COMPONENTS OR BUGS;
- THE USE OF THE SERVICE, INCLUDING THE
DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED
OR SUBMITTED TO THE SERVICE, WILL NOT INFRINGE THE
INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY
PERSON;
- ALBUM PASSWORD PROTECTION FOR MATERIALS YOU MAY
USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE
SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED
TO THE SERVICE, WILL PREVENT UNAUTHORIZED ACCESS
TO THOSE MATERIALS; OR
- THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE
IN CONNECTION WITH THE SERVICE, INCLUDING
MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL
NOT BE MISUSED BY ANY OTHER PERSON;
AND THE WEB SITE AND ITS SERVICE PROVIDERS DISCLAIM
ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIABILITY EXCLUSION
- THE WEB SITE AND ITS SERVICE PROVIDERS WILL NOT
UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY LOSS OF USE, LOSS OF
PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED
OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS,
SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE
OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING
FROM, IN CONNECTION WITH, OR RELATING TO THE USE
OF THE SERVICE BY YOU OR ANY OTHER PERSON, AND
REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR
WRONGDOING BY THE COMPANY OR ITS SERVICE PROVIDERS
OR ANY OTHER PERSON FOR WHOM ANY OF THEM IS
RESPONSIBLE, AND NOTWITHSTANDING THAT THE COMPANY
OR ITS SERVICE PROVIDERS MAY HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING
INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
- WITHOUT LIMITING THE FORGOING, IN NO EVENT WILL
THE COMPANY AND ITS SERVICE PROVIDERS EVER BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES,
LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND
REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR
WRONGDOING BY THE COMPANY OR ITS SERVICE PROVIDERS
OR ANY PERSON FOR WHOM EITHER THE COMPANY OR ITS
SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT
EXCEEDING $25 (CDN) OR THE PRO-RATED AMOUNT YOU
PAID TO THE COMPANY FOR THE USES OF THE SERVICE
WHICH ARE THE SUBJECT OF THE CLAIM, WHICHEVER IS
LESS.
RELEASE
- YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE
THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF
THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PROVIDERS, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND
ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES,
COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND
WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR
UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE
FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF
THE SERVICE.
INDEMNITY
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE
COMPANY AND ITS SERVICE PROVIDERS AND EACH OF
THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PROVIDERS, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND
ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
PERSONS (COLLECTIVELY, THE "INDEMNIFIED
PARTIES") HARMLESS FROM AND AGAINST ANY AND
ALL DAMAGES, LIABILITIES AND COSTS, INCLUDING
WITHOUT LIMITATION REASONABLE LEGAL FEES AND
EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN
CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT
OF, RELATED TO, OR CONNECTED WITH USE OF THE
SERVICE BY YOU OR ANYONE ACCESSING THE SERVICE
USING YOUR USER ID OR PASSWORD. YOU WILL ASSIST
AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY
THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH
CLAIM OR DEMAND.
- ADVICE AND INFORMATION PROVIDED BY THE COMPANY
OR ITS SERVICES PROVIDERS OR THEIR
REPRESENTATIVES, OR THROUGH THE SERVICE, WHETHER
ORAL OR WRITTEN, WILL NOT CREATE ANY
REPRESENTATION, WARRANTY OR CONDITION OR VARY OR
AMEND THIS AGREEMENT, INCLUDING THE ABOVE
DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY
LIMITATIONS, RELEASE AND INDEMNITY PROVISIONS, AND
YOU MAY NOT RELY UPON ANY SUCH ADVICE OR
INFORMATION.
The exclusion of certain warranties and the limitation
of certain liabilities is prohibited by law in some
jurisdictions. Such legal limitations may apply to
you.
The disclaimer, liability exclusion, liability
limitation, release, and indemnity provisions in this
Agreement survive the termination of this Agreement.
USE OF THE SERVICE
Members and other Service users must use the Service
responsibly and with respect for all persons. Members
and other Service users must comply with all
applicable laws, rules and regulations, including
without limitation the Acceptable Use Policy, which is
part of this Agreement and may be found by clicking here.
PRIVACY
POLICY
The Company and its service providers do not collect,
use, or disclose your personal information without your
prior consent and knowledge.
You consent to the Company and its service providers
monitoring, screening, policing and editing your use
of the Service and the use of your accounts, including
postings and submissions of Materials to the Service,
without any notice or any liability to you or any other
person. The Web Site and its service providers are not
under any obligation to engage in such monitoring, screening,
policing and editing, but may do so as they consider
appropriate in their sole discretion, without notice
to you or any other person.
LICENSE AND WARRANTIES
For all Materials you may use or allow others to use
in connection with the Service, including Materials
posted or submitted to the Service:
- You grant to the Web Site and its service
providers and licensees a non-exclusive,
royalty-free, perpetual, irrevocable,
unrestricted, world-wide right and license to
access, use, copy, reproduce, distribute,
transmit, display, perform, communicate to the
public, modify, adapt, publish, translate, create
derivative works from, and otherwise use such
Materials (in whole or in part) in connection with
the Service, using any form, media or technology
now known or later developed, without providing
compensation to you or any other person, without
any liability to you or any other person, and free
from any obligation of confidence or other duties
on the part of the Web Site or its service
providers;
- You grant to all members and other Service users
permission to access, view, store, copy,
reproduce, distribute, transmit, display, perform,
and reproduce such Materials (in whole or in part)
in any of the ways facilitated or provided by the
Service; and
- You represent and warrant to the Company and its
service providers and all members and other
Service users that (i) their use of the Materials
does not and will not violate or infringe the
rights (including copyright, moral rights, and
other intellectual property rights and privacy and
personality rights) of any other person or any
laws and (ii) you have all the rights necessary to
grant all rights and licenses set forth above.
You also grant to the Web Site and its service
providers the right to use your name in connection
with the Materials.
ACCOUNT PASSWORDS AND ALBUM
PASSWORDS
Some areas of the Web Site may require you to register
with the Web Site. When and if you register, you agree
to (a) provide accurate, current, and complete
information about yourself as prompted by our
registration form (including your email address) and
(b) to update your information (including your email
address) so as to keep it accurate, current, and
complete.
Members may also use album passwords for Materials
they submit or post to the Service in order to
restrict access to those Materials. The use of an
album password does not restrict access by the Web
Site and its service providers to the
password-protected Materials.
As part of the registration process, you will be asked
to select a unique user ID and password. We may refuse
to grant you a username that impersonates someone
else, is or may be illegal, is or may be protected by
trademark or other proprietary rights law, is vulgar
or otherwise offensive, or may cause confusion, as
determined by us in our sole discretion. For security
reasons, user IDs and passwords must be non-obvious,
hard-to-guess, confidential and changed on a regular
basis, and members must log-out at the end of each
session. You will be responsible for the
confidentiality and use of your username and password
and agree not to disclose your user ID or password to
the Web Site to any third party. You must immediately
notify the Web Site of any unauthorized disclosure or
use of your user ID or password or album passwords you
have provided to other persons, or if you know or
suspect that those passwords have been lost or stolen
or become known to any other person without your
authorization.
YOU ARE ENTIRELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND
PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT
ARE CONDUCTED THROUGH YOUR ACCOUNT. You must
ensure that all use of your account complies with this
Agreement.
All user IDs and passwords remain the property of the
Web Site, and may be cancelled or suspended at any
time by the Company without any prior notice or any
liability to you or any other person. The Company is
not under any obligation to verify the actual identity
or authority of the user of any user ID or password.
If the Company, in its sole discretion, considers a
password to be insecure, then the Company may cancel
the password.
You must respond promptly to all email and other
correspondence from the Company, including without
limitation email and correspondence concerning
complaints or concerns regarding your use of the
Service and the use of your account.
THE SECURITY AND PRIVACY
PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE
CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN
RISK.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your use of the Service, all
transactions through the Service, and all related
matters are governed solely by the laws of the
Province of British Columbia, Canada and applicable
federal laws of Canada, excluding any rules of private
international law or the conflict of laws which would
lead to the application of any other laws.
Any dispute between the Company and you or any other
person arising from, in connection with or relating to
the Service, this Agreement, any transaction through
the Service or any related matters must be resolved
before the Courts of the Province of British Columbia,
Canada sitting in the City of Vancouver, and you
hereby irrevocably submit and attorn to the original
and exclusive jurisdiction of those Courts in respect
of any such dispute.
Any claim or cause of action you may have arising
from, in connection with, or relating to your use of
the Service, this Agreement, any transaction through
the Service or any related matters must be commenced
in a court of competent jurisdiction in Vancouver,
British Columbia, Canada within one (1) year after the
claim or cause of action arises, after which time the
claim or cause of action is forever barred, regardless
of any statute or law to the contrary.
OWNERSHIP AND USE OF THE SERVICE
AND ITS CONTENT
The Service and all of its content, including data,
photographs, images, icons, software, and other
elements, are owned or licensed by the Company or its
suppliers. The Service and all of its content are
protected by domestic and international copyright,
trademark, and other laws. Without limiting the above,
the entire content of the Service is, under domestic
and international copyright laws, a collective work
owned by the Company. Your use of the Service and its
content does not transfer to you any ownership or
other rights in the Service or its content.
The Service and its content may not be used for any
purpose not expressly permitted by this Agreement. In
particular, except as expressly stated otherwise in
this Agreement, the Service and its content may not be
copied, imitated, reproduced, republished, uploaded,
posted, transmitted, modified, indexed, catalogued, or
distributed in any way, in whole or in part, without
the express prior written consent of the Company. You
may not use any of the software that is used in the
operation of the Service except while you use the
Service. You may not copy any of the software used in
the operation of the Service. You may not reproduce,
copy, duplicate, sell, or resell any part of the
Service or access to the Service.
The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that
material appearing on the Internet infringes their
rights under U.S. copyright law. If you believe in
good faith that materials hosted by the Web Site
infringe your copyright (for example, Materials posted
to the Web Site on one of our forums), you (or your
agent) may send us a notice requesting that the
material be removed, or access to it blocked. The
notice must include the following information: (a) a
physical or electronic signature of a person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have
been infringed (or if multiple copyrighted works
located on the Web Site are covered by a single
notification, a representative list of such works);
(c) identification of the material that is claimed to
be infringing or the subject of infringing activity,
and information reasonably sufficient to allow the
Company to locate the material on the Web Site; (d)
the name, address, telephone number, and email address
(if available) of the complaining party; (e) a
statement that the complaining party has a good faith
belief that use of the material in the manner
complained of is not authorized by the copyright
owner, its agent, or the law; and (f) a statement that
the information in the notification is accurate, and
under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. If you
believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the
DMCA permits you to send the Company a counter-notice.
Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/
for details. We suggest that you consult your legal
advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for false
claims under the DMCA.
You may access and browse the Web Site using a
commercially available, SSL-capable Web browser. You
may print or download the pages of the Web Site and
its content for your personal, non-commercial use,
provided that you do not modify any of the Web pages
or content and you do not remove or alter any visible
or non-visible identification, marks, notices, or
disclaimers.
FILM PROCESSING
Web Site members may be permitted to submit film,
prints, slides or negatives to the Web Site for
processing. Any such processing by the Company is
expressly subject to the Disclaimer,
Liability Exclusion, Liability Limitation, Release and
Indemnity and other provisions of this
Agreement. Without limiting those provisions, if film,
prints, slides or negatives are damaged or lost
through the negligence or other fault of the Company
or its service providers or any person for whom the
Company or its service providers are responsible, the
Company's total liability is limited to the cost of
providing a like amount of unexposed film.
INFORMATION SUBMISSIONS
All information you provide through the Service,
including your registration information (name and
email addresses), payment information (credit card
numbers and expiration date), and transaction-related
information must be true, accurate, current and
complete. You must also provide the Web Site with
updated registration information and payment
information within 30 days of any changes. The Web
Site and its service providers will rely on the
information you provide. You will be responsible for
any and all loss, damage, or additional costs that
you, the Company or its service providers or others
may incur as a result of your submission of any false,
incorrect or incomplete information or your failure to
update your registration and payment information
within 30 days of any changes. The Company may, in its
sole discretion, require a copy of a government-issued
form of identification before making any changes to
your registration information or payment information.
ADVERTISEMENTS
The Web Site may display advertisements on the
Service, including on the pages that display Materials
you post or submit to the Service. The manner, mode
and extent of the advertising will be determined by
the Company in its sole discretion, and is subject to
change at any time and without any notice or any
liability to you or any other person.
OTHER SITES
The Service may include advertisements for, and links
to, other sites and businesses operated by third
parties ("Other Sites"). Other Sites are
independent from the Web Site, and the Company has no
responsibility or liability for or control over Other
Sites, their business, goods, services, or content.
Links to Other Sites are provided solely for your
convenience. The Company does not sponsor or endorse
any Other Sites or their content or the goods or
services available through those sites. Your use of
Other Sites and your dealings with the owners or
operators of Other Sites is at your own risk, and you
may not make any claim against the Company arising out
of your use of any Other Sites or your dealings with
the owners or operators of any Other Sites. The
provisions of this Agreement under the section headed Disclaimer,
Liability Exclusion, Liability Limitation, Release and
Indemnity apply, with all necessary
modifications, to your access to and use of any Other
Sites and their business, goods, services, and
content.
LINKING AND FRAMING THE WEB SITE
If you are a member, you may create links to the
Materials you post to the Web Site from your own,
personal, non-commercial site; however you may not
create links from commercial sites (such as auction
sites) or sites you do not own. Also, you may not use
the Company name or any of the Marks or otherwise
indicate, suggest or imply that the Company endorses
the Materials you post to the Web Site.
Any other links to the Web Site or its content without
the express permission of the Company are strictly
prohibited. To request permission to link to the Web
Site, please contact the webmaster.
The Company reserves the right to cancel and revoke
any permission it may give to link to the Web Site at
any time, for any reason, and without any notice or
liability to you or any other person.
The framing of the Web Site or any of its content in
any form and by any method is strictly prohibited.
UNSOLICITED SUBMISSIONS
The Company does not accept or consider unsolicited
ideas, including ideas for new advertising campaigns,
new promotions, new or improved goods, services or
technologies, product enhancements, processes,
materials, marketing plans, or new product names. The
purpose of this policy is to avoid potential
misunderstandings or disputes. Accordingly, please do
not send any unsolicited ideas, suggestions or other
materials ("Submissions")
to the Company.
If you send Submissions to the Company or the Web
Site, you automatically grant to the Company and its
assigns a perpetual, royalty-free, irrevocable,
unrestricted, non-exclusive, world-wide,
sub-licensable right and license to use, copy,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, transmit,
display and otherwise exploit the Submissions or any
ideas, concepts, know-how or techniques associated
with the Submissions for any purpose whatsoever,
commercial or otherwise, using any form, media or
technology now known or later developed, without
providing compensation to you or any other person,
without any liability whatsoever, and free from any
obligation of confidence or other duties on the part
of the Company or its assigns, and you agree,
represent and warrant that all moral rights in the
Submissions are waived.
CONTESTS
From time to time the Web Site may make contests,
sweepstakes or other promotions available to members
and other Service users. All contests are governed by
this Agreement and the applicable Contest Rules. By
participating in a contest through the Service, you
signify your agreement and acceptance of this
Agreement and the applicable Contest Rules.
TRANSACTION AGREEMENTS
All transactions through the Service are governed by
this Agreement and any applicable Transaction
Agreement. By participating in a transaction through
the Service, you signify your agreement and acceptance
of the applicable Transaction Agreement.
NOTICES
Notices or communications to the Company in connection
with this Agreement must be in writing and must be
sent to the Company by both email to webmaster
and by courier or regular pre-paid post to 1650
Military Trail West Palm Beach, Florida 33414. Notices
will be deemed to be received by the Company upon the
earlier of: (a) your receipt of the Company's express
acknowledgement of receipt of email transmission; (b)
two (2) business days after deposit with a nationally
recognized overnight courier; or (c) ten (10) business
days after deposit in the U.S. or Canadian postal
mail, provided that if there is a slow-down or other labor
dispute which affects the delivery of a notice by mail
then it will be deemed to be received by the Company
at the actual time of delivery.
Notices to you in connection with this Agreement may
be sent by either email to the email address supplied
for your account or otherwise provided by you or by
courier or regular pre-paid post to your postal
address or the postal address supplied for your
account. Notices will be deemed to be received by you
upon the earlier of: (a) tje Web Site's receipt of
your express acknowledgement of receipt of email
transmission; (b) two (2) business days after deposit
with a nationally recognized overnight courier; or (c)
ten (10) business days after deposit in the U.S. or
Canadian postal mail, provided that if there is a
slow-down or other labor dispute which affects the
delivery of a notice by mail then it will be deemed to
be received by you at the actual time of delivery.
OTHER MATTERS
If any provision of this Agreement is found to be
unlawful, void, or for any reason unenforceable, then
that provision shall be deemed to be severed from the
rest of this Agreement and shall not affect the
validity and enforceability of any remaining
provisions.
No waiver, express or implied, by either party of any
breach of or default under this Agreement will
constitute a continuing waiver of such breach or
default or be deemed to be a waiver of any preceding
or subsequent breach or default.
You and the Company are independent contractors, and
no agency, partnership, joint venture, employment or
franchise relationship is intended or created by this
Agreement or your use of the Service.
This Agreement and the Acceptable
Use Policy as amended from time to time by
the Company, and any applicable transaction agreements
and contest rules, constitute the entire agreement
between you and the Company relating to your use of
the Service and supersede all previous agreements,
written, oral or otherwise, between you and the
Company with respect to your use of the Service. You
may also be a party to a software license agreement
regarding any software you have downloaded from or
through the Service.
The provisions of this Agreement will enure to the
benefit of and be binding upon the Company and its
service providers and their respective successors and
assigns, and you and your heirs, executors,
administrators, successors and personal
representatives. You may not assign this Agreement or
your rights and obligations under this Agreement
without the express written consent of the Company,
which may be withheld in the Company's sole
discretion. The Company and its service providers may
assign this Agreement and their respective rights and
obligations under this agreement without your consent.
Any rights not expressly granted by this Agreement are
reserved to the Company.
ACCEPTABLE
USE POLICY
SUSPECTED VIOLATIONS OF THIS POLICY MAY BE REPORTED BY
CLICKING HERE.
GENERAL USE RULES
Your use of the Service, including posting Materials
to the Web Site, must be lawful, ethical, and
respectful of the legal rights and interests of all
other persons, and consistent with the security and
reliability of the Service and the Internet generally.
Without limiting the above, the following rules apply
to your use of the Service:
- LAWFUL USE: Your
use of the Service must be lawful and must comply
with all applicable domestic and foreign laws,
regulations, rules, policies, treaties and
tariffs, whether civil, criminal or otherwise.
Access to the Service from locations where the
Service may be illegal is prohibited.
- NON-COMMERCIAL USE:
With the exception of the 'Professional Galleries
Service' the Album Service may be used by you only
for personal, non-commercial purposes and must not
be used in connection with any commercial activities,
including: (a) selling or offering to sell any goods
or services, including reselling the Service; (b)
soliciting for advertisers or sponsors; (c) conducting
contests, gaming or gambling or offering prizes,
awards or any other incentives to users; (d) displaying
advertising or sponsorship banners, including those
generated by banner or link exchange services; (e)
soliciting for donations; or (f) use of unauthorized
or unsolicited junk mail, spam, chain letters, pyramid
schemes or any other form of solicitation.
- SECURITY AND PERFORMANCE:
The Service must not be used by you with any
action, device, software or routine which could
directly or indirectly interfere (or attempt to
interfere) with the proper working of the Service
or impose an unreasonable or disproportionately
large load or burden on the system or its
infrastructure.
- OTHER PERSON'S RIGHTS:
Your use of the Service must not infringe the
legal rights of any other person (including
privacy and personality rights, copyright,
trade-mark, trade secret, patent, moral rights,
and other proprietary rights).
- NO DATA COLLECTION:
Your use of the Service must not involve any data
matching or data mining, including without
limitation the collection or use of information
about other members and other users (including
their email addresses) without their expressed
consent.
USE GUIDELINES - PROHIBITED USES
The following is a non-exhaustive list of prohibited
uses of the Service. The Company reserves the right,
in its sole discretion, to determine whether any use
by you of the Service is prohibited or otherwise
violates this Policy.
- Uses that may violate the General Use Rules set
forth above.
- Uses that may be unlawful, 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 otherwise
objectionable. This prohibition extends to the
posting of any Materials that depict, encourage,
indicate, advocate or tend to incite any such
conduct.
- Uses that may harm, threaten, harass, abuse or
intimidate any other person in any way or involve
materials that depict, promote, encourage,
indicate, advocate or tend to incite the
commission of a crime or other unlawful
activities, violence, hatred, cruelty or
discrimination against any individuals or groups,
for any reason, or any act of cruelty to animals.
- Uses that may dilute or depreciate the name and
reputation of the Company and its affiliates or
associates.
- Uses that modify, adapt, sub-license, translate,
sell, reverse engineer, decompile or disassemble
any portion of the Web Site or the software
underlying or offered on the Web Site, or that
delete, obscure or modify any proprietary notice
contained on the Web Site;
- Uses that "frame" or
"mirror" any part of the Web Site
without the Company's prior written authorization;
- Uses that interfere with other persons' use and
enjoyment of the Service or of the Internet
generally.
- Uses that may damage, disrupt, compromise or
degrade the integrity, efficiency, performance or
security of the Service or that may otherwise or
result in:
- the circumvention or breach of any user
authentication, password, security or control
measures regarding the Service or any other
Internet resource or computer system;
- unauthorized access to other persons'
accounts and Materials (including Materials
posted to the Service) or interference with
their use and enjoyment of the Service.
- Uses that conceal or misrepresent the author or
origin of any message or communication, or that
impersonate any person, or that falsely state or
otherwise misrepresent an affiliation with any
other person, including without limitation any
Company representative.
- Uses that contain, hyperlink to or otherwise
disclose images of any person or private
information about any person (such as names,
telephone numbers, email addresses, postal
addresses, social insurance or social security
numbers) without that person's permission.
- The uploading, posting or transmission to the
Service of any of the following Materials, whether
posted publicly or with password protection,
whether directly or indirectly or intentionally or
unintentionally:
Materials that contain links to other sites or
Internet resources;
- Executable programs or audio and video
recordings;
- Materials that contain computer viruses,
trojan horses, worms, time bombs, cancelbots,
or other computer code that may damage, harm,
detrimentally interfere with, surreptitiously
intercept or expropriate, interrupt, limit the
functionality of, or otherwise adversely
affect the Service or any other computer
system, hardware, software, telecommunications
equipment, data, or personal information; and
- Materials that are encrypted.
MONITORING AND COMPLAINTS
The Company is not obliged to monitor, screen, police
or edit the use of the Service, including postings of
Materials to the Web Site, although the Company
reserves the right to do so in its sole discretion and
without any notice or liability to you or any other
person.
The Company will respond as it considers appropriate,
in its sole discretion, if it becomes aware of any
inappropriate uses of the Service, including uses that
constitute copyright infringement. You may report
violations of this Policy by e-mailing us at: webmaster.
(The procedure for making copyright infringement
claims may be found by clicking here.)
COMPLIANCE, CONSEQUENCES, AND
LAW ENFORCEMENT DISCLOSURE
The Company may in its sole discretion determine
whether this Policy has been violated.
Policy violations constitute a breach of the Web Site
Use Agreement and may, in the sole discretion of the
Company, result in: (a) termination or suspension of
permission to use the Service and any Web Site
membership and accounts you may have; (b) restricted
access to Materials posted to the Service; (c) removal
and permanent deletion and destruction of Materials
posted to the Service; and (d) other consequences; all
without any notice or liability to you or any other
person.
Service users who violate this Policy may incur
criminal or civil liability.
The Company may in its sole discretion report
perceived violations of applicable law to law
enforcement authorities. The Company will co-operate
fully with law enforcement authorities in the
investigation of suspected unlawful conduct, including
providing Web Site members' personal information
(including account information and payment
information), Service users' personal information, and
copies of Materials used in connection with the
Service, including Materials posted to the Service.
The Company's failure to enforce this Policy, for
whatever reason, shall not be construed as a waiver of
any preceding or subsequent violation of this Policy.
You acknowledge that it is the Company's policy to
cooperate with law enforcement agencies investigating
illegal or improper activities relating to the
Service. |
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