YOUR AGREEMENT WITH Zoomphoto.ca and our
photographers. The following terms and conditions apply to your use of our Web
site and service. Please read them carefully before you enter our Web site.
THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND ZOOMPHOTO.CA. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS. BY USING THE ZOOMPHOTO.CA ORDERS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT OUR WEB SITE.
1. Ownership of Our Web site.
This Web site is owned and operated by ZoomPhoto.ca. All of the photographs featured on our Web site were created by photographers who have provided them to ZoomPhoto.ca for worldwide sale and distribution. These images are protected by Canadian and international copyright law.
2. Your Use of Our Photographs.
You can purchase the photographs featured on our Web site in the form of photographic print, or digital image. If you decide to purchase a print ("Print"), you may not reproduce, display, transmit, distribute or otherwise exploit the Print, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Zoomphoto.ca. Prints are intended for your personal use only. You may not use or reproduce a Print in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any Print, including without limitation, adding other material to a Print, without Zoomphoto.ca's, prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web site.
NOTWITHSTANDING THE ZOOMPHOTO.CA CUSTOMER SATISFACTION GUARANTEE, THIS WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ZOOMPHOTO.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
While Zoomphoto.ca uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to Zoomphoto.ca, we make no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Zoomphoto.ca ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please email us directly at email@example.com with your request. In addition, Zoomphoto.ca is unable to make representations or warranties as to the functionality of this Web site, whether it is free of errors, and whether the server hosting the Web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Web site is at your own risk. Zoomphoto.ca and it's officers, directors, employees, subsidiaries, affiliates, licensors and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs.
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Prints, or any portion thereof, in any manner not authorized by Zoomphoto.ca, or if you otherwise infringe any intellectual property rights relating to the photographs, Prints or this Web site, you agree to indemnify and hold Zoomphoto.ca, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Prints and/or your breach of this terms of this Agreement.
5. Other Terms.
This Agreement shall be governed by the laws of the Province of Ontario without giving effect to any principles of conflicts of law. Any claim or proceeding arising under or otherwise concerning this Agreement shall exclusively be brought in the Provincial or local courts for the Province of Ontario and you consent to personal jurisdiction in these courts. In the event that Zoomphoto.ca is the prevailing parties in any such action, you agree to be responsible for payment of Zoomphoto.ca's reasonable attorneys' fees and costs. Zoomphoto.ca reserves the right to make changes to this Web site, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these User Terms when you visit the site as they may change from time to time.