CANEX Online Photo Terms and Conditions of Use


CAREFULLY READ THESE TERMS OF USE (THE “TERMS OF USE”) AND THE CANEX Online Photo PRIVACY STATEMENT (THE “PRIVACY STATEMENT”) BEFORE USING THE SITE (DEFINED BELOW).

These Terms of Use govern your access to and use of the website located at CANEX Online Photo (the “Site”) and all products and services provided via the Site. In addition to these Terms of Use, specific pages on the Site may set out additional terms and conditions (“Additional Terms”), all of which are incorporated by reference into these Terms of Use. In the event Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.

YOUR USE OF THE SITE INDICATES YOUR (I) AGREEMENT TO BE BOUND BY THESE TERMS OF USE, (II) ACKNOWLEDGEMENT AND AGREEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE SITE WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY STATEMENT, AND (III) ACKNOWLEDGEMENT AND AGREEMENT THAT ADDITIONAL TERMS MAY APPLY.

CANEX Online Photo reserves the right, in our sole discretion, to revise, change, or modify (cumulatively “Revisions”) these Terms of Use at any time upon advance notice to you. We may notify you of such Revisions to these Terms of Use in any manner we choose that complies with law, including, but not limited to by posting a notice of such changes on the Site. Your continued use of the Site following our notice to you of Revisions to these Terms of Use signifies your agreement to be bound by the revised Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS/USE THE SITE OR THE SERVICE (AS HEREINAFTER DEFINED).

These Terms of Use were last updated in August 2016.

GENERAL PROPRIETARY RIGHTS AND TERRITORY

CANEX Online Photo, our licensors, including our Members (as hereinafter defined), or other third parties own all content submitted through, appearing on or otherwise available via the Site (“Content”), including but not limited to all text, trademarks, service marks, trade names, logos, icons, domain names, written material, downloadable material, photographs, artwork, computer code, look and feel, trade dress, technical information and advertisements. Such Content is protected under Canada's and other countries’ copyright, trademark and other laws and international treaty provisions, and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by its owner. You may not remove, obscure or otherwise deface proprietary notices appearing in any Content, including copyright, trademark and other intellectual property notices.

The Site and the Service may be accessed and used only from various locations throughout the world; however,. access to and use of the Site and the Service may be inappropriate, prohibited or restricted in countries outside of Canada. We make no warranty or representations that the Site or the Service are appropriate or available for use or sale outside of Canada. If you access/use the Site or the Service from outside of Canada, you do so at your own risk and are responsible for complying with Canadian laws and the laws and regulations of the territory from which you access/use the Site or the Service. By using the Site and the Service, you acknowledge and agree that any problem, dispute or disagreement arising from or related to your use of the Site or the Service shall be governed by the laws of Canada and the Province of Alberta as set forth below in the Section entitled “OTHER.”

USE OF THE SERVICE AND MEMBERSHIP

Users of all ages are welcome to browse the Site; however, you may only establish a membership account with us (a “Membership”) and become a member of the Site (each a “Member”) if you are 13 years of age or over. CANEX Online Photo provides Members several online services, including, without limitation, a way to share, store and transmit Content, including photographs, albums, image files, creative material, communications, links, and comments. All services available on the Site shall be collectively referred to herein as the “Service”. All Content that is provided or otherwise made available on or through the Site by Members shall be referred to herein as “Submitted Content.” CANEX Online Photo reserves the right to suspend or discontinue the Service at any time for any reason.

PHOTO STORAGE

As part of the Service, Members have the ability to upload and store digital photos on the Site, pursuant to these Terms of Use, as well as to have print copies or other photo products made either at a CANEX Online Photo retail location or delivered by mail as requested or appropriate, along with other special offers CANEX Online Photo may make to Members from time to time. Costs associated with print copies or photo products, delivered by mail or for store pick-up will require a credit card. A condition of the storage of Member photos is "Active Participation" in the Service. Active Participation is defined as logging-in to your Membership account at least once every eighteen (18) months (no purchase required). Subject to these Terms of Use, as long as a Member is an Active Participant in the Service, CANEX Online Photo will offer free, unlimited storage, for non-commercial purposes, of any digital photos uploaded to the Site by such Member. If your Membership is inactive for a period of over eighteen (18) months, CANEX Online Photo may remove and discard any of your Submitted Content, including all photographs, information, communications, postings, albums, image files or any other content within the Service. CANEX Online Photo may terminate your Membership any time for any reason, including, without limitation, for any activity that in the sole opinion of CANEX Online Photo or the host of the Site, LifePics, Inc. (the “Site Host”) constitutes an abuse of your Membership or a violation of these Terms of Use.

CONDUCT AND CONTENT

(a) Users of the Service, whether or not Members, may not use the Service to store, share or transmit Prohibited Content. Generally, Prohibited Content includes Submitted Content or other material that CANEX Online Photo believes:

  • misrepresent(s) your or any third party’s identity, affiliation or connection with a person or entity;

  • imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content;

  • contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content;

  • promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group;

  • is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
  • contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing the following: excessive violence, nudity, obscenity, sexual explicitness, and harassing content; or

  • contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines.


(b) CANEX Online Photo has the sole discretion to determine whether Submitted Content is Prohibited Content, and all Submitted Content shall be subject to review and examination from time to time. CANEX Online Photo may delete, move, and edit any Submitted Content for any reason, at any time, without notice.

(c) Any Submitted Content discovered on the Site that is deemed in the sole discretion of CANEX Online Photo to be in violation of Title 18 of the United States Code, Sections 2251 et seq. shall be immediately reported and disclosed to appropriate law enforcement agencies.

(d) By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.

(e) CANEX Online Photo does not independently verify any Content appearing on or accessed through the Site that has been provided by third parties (such third parties “Content Providers”), including, but not limited to, Content provided by third parties having an agreement with us to provide content for or to be accessed through the Site or Content provided by third parties not having an agreement with us to provide content for or to be accessed through the Site. CANEX Online Photo DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT APPEARING ON OR ACCESSED THROUGH THE SITE (INCLUDING THAT CONTENT PROVIDED DIRECTLY BY US) IS ACCURATE, COMPLETE, TRUTHFUL, OR NON-OBJECTIONABLE. We do, however, take reasonable efforts to ensure Content prepared directly by us, including but not limited to product and services descriptions, is accurate, timely and complete.

NO RESALE OF SERVICE

You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

NOTE ABOUT PRICING

CANEX Online Photo makes every effort to provide accurate information about products and their pricing on the Site; however, incorrect pricing and/or typographical mistakes may, on rare occasions, appear on CANEX Online Photo. For this reason, CANEX Online Photo cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, CANEX Online Photo reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, CANEX Online Photo will notify you of the cancellation. Prices and availability are subject to change without notice. Digicard prices per print are subject to rounding.

NOTE ABOUT QUANTITY LIMITS

CANEX Online Photo reserves the right to set quantity-per-order limits on any and all items sold on CANEX Online Photo. CANEX Online Photo may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.

CANEX Online Photo PREMIUM MEMBERSHIP PROGRAM

CANEX Online Photo MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO MEMBER IN CONNECTION WITH ITS USE OF THE SERVICES OR THE PRODUCTS SOLD IN CONJUNCTION WITH THIS AGREEMENT. IN NO EVENT SHALL CANEX Online Photo BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW.

THIRD PARTY SOFTWARE

As a convenience to Members, CANEX Online Photo may make third-party software available through the Service. In order to use such third-party software, Members must agree to any terms and conditions requirement by the provider of such third-party software. The agreement to use such third-party software shall be solely between Members and the third party provider. CANEX Online Photo does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. CANEX Online Photo makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Service.

COPYRIGHT

By posting, storing or transmitting Submitted Content on or via the Site, you thereby grant CANEX Online Photo and the Site Host a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt, publish, publicly perform and display, distribute, syndicate and otherwise use such Submitted Content in connection with providing the Service to you (“Submitted Content License”). By posting, storing or transmitting Submitted Content on or via the Site, you represent and warrant that: (i) you own all right, title and interest in and to such Submitted Content or have the necessary approvals and permissions to grant CANEX Online Photo the Submitted Content License described above; (ii) such Submitted Content, and the exercise by CANEX Online Photo and the CANEX Online Photo Site Host of our rights under the Submitted Content License does not violate applicable law or the intellectual property rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights; and (iii) such Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use. For the avoidance of doubt, you hereby acknowledge and agree that any breach of the foregoing representations and warranties by you shall be deemed a violation of these Terms of Use to which your indemnification obligations shall apply as provided below under the Section titled “INDEMNITY.”

WARRANTY DISCLAIMER

(a) THE SERVICE AND THE SITE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” AS TO THE SITE AND THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE SERVICE AND THE SITE. ANY CONTENT UPLOADED, DOWNLOADED, SHARED OR OTHERWISE TRANSMITTED VIA THE SERVICE OR THE SITE, SHALL BE SO UPLOADED, DOWNLOADED, SHARED AND TRANSMITTED AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE FOR LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM YOUR USE OF THE SERVICE OR THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING, DOWNLOADING, SHARING OR TRANSMITTING ANY CONTENT VIA THE SITE OR THE SERVICE.

(b) WITHOUT LIMITING TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THE SITE; (B) THE SERVICE OR THE SITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE SERVICE OR THE SITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE SERVICE OR THE SITE WILL BE TIMELY, SECURE OR ERROR FREE; OR (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; (F) ANY CONTENT ON THE SITE IS LAWFUL OR APPROPRIATE.

(c) YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFIATION WITH THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS TO STOP USING THE SERVICE, THE SITE OR CONTENT THEREOF WITH WHICH YOU ARE DISSATISFIED.

LIMITATION OF LIABILITY

(a) WE SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE, LICENSE FEE OR OTHER SIMILAR FEES PAID BY YOU TO US FOR ACCESS TO THE CONTENT, SITE OR SERVICE WHICH IS THE SUBJECT OF A CLAIM, BUT IN NO EVENT SHALL CANEX Online Photo’S LIABILITY EXCEED ONE HUNDRED DOLLARS (CAD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SITE HOST, CANEX Online Photo AND CANEX Online Photo’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, PREDECESSORS, SUCCESSORS IN INTEREST, SHAREHOLDERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS, LOSSES, COSTS AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR ARE RELATED TO YOUR USE OF THE SERVICE OR THE SITE OR YOUR VIOLATION OF THESE TERMS OF USE.

TERMINATION

We may, in our sole discretion, at any time and without prior notice, terminate your use of the Site or terminate your rights under these Terms of Use for any or no reason. In our sole discretion, and at any time, we may also discontinue providing the Site or the Service any one or part thereof, with or without notice. We shall not be liable to you or any third party for any of the foregoing. The Sections titled “GENERAL PROPRIETARY RIGHTS AND TERRITORY”, “CONDUCT AND CONTENT”, “COPYRIGHT”, “WARRANTY DISCLAIMER”, “LIMITATION OF LIABILITY”, “INDEMNITY”, “TERMINATION” AND “OTHER” shall survive the expiration or termination of these Terms of Use.

OTHER

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site and the Service, will be governed by and construed in accordance with the laws of the State of Maryland, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site and the Service, shall be subject to the exclusive jurisdiction of state or federal courts located in Prince George’s County, Maryland, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and CANEX Online Photo relating to your use of the Service and the Site, superseding any other agreement between you and CANEX Online Photo with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.