Terms of Use | photoroost Canada

Last modified January 27, 2017.

By entering and using www.photoroost.com, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and photoroost that you will use the service only in a manner consistent with these Terms. If you have questions about these Terms, please contact us at support@photoroost.com. Your use of the site and the service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the photoroost service.

1. Operator

photoroost is operated by The Gencom Group Inc, a business registered under the laws of the Province of Ontario whose principal business address is

6221 Highway 7, Unit 11, Woodbridge,Ontario, L4H 0K8.

2. Availability

We shall use reasonable endeavors to ensure that the service is available 24 hours a day, 7 days a week. However, there will be occasions when the service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within our reasonable control. You agree that photoroost shall not be liable to you for any modification, suspension or discontinuance of the service.

3. Copyright

You may not use, or encourage, promote, facilitate or instruct others to use, photoroost for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:

1. Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating

child pornography.

2. Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.

3. Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others. In particular, image licensing is your responsibility and you will obtain a License for distribution to third parties for all logos, likenesses, graphical materials and other content that may be subject to licensing or copyright law. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied for use on the site.

4. Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.

5. Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, or use email from photoroost to create spam emails to be sent from us. You shall be solely responsible for your own photo products and the consequences of posting or publishing them. You affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize photoroost to use them to provide you the service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the photo product to use the name or likeness of each and every such identifiable individual person to enable inclusion and authorize photoroost to use them to provide you the photo product. We reserve the right to refuse any order at our discretion.

4. Amendment of the Terms

We reserve the right to amend these Terms from time to time.

5. Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the province and federal laws of the province of Ontario, and hereby consent to jurisdiction and venue in the courts located in Ontario, Canada.

6. Comments

If you have any comments or questions about these Terms or our service please contact us by email at support@photoroost.com.

7. Pricing and Delivery

All prices are stated in Canadian dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. shipping will be added to your order during the checkout process. In the event that you order products and the price published on the service was incorrect, photoroost will contact you to let you know the correct price and ask you whether you still wish photoroost to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

8. Monitoring of Content and Proofs

You acknowledge that you are solely responsible for all content and material provided to the site. It is your responsibility that all materials submitted for print are formatted properly as photoroost will not assume any responsibility for spelling, grammar, typos, image resolution and/or any other errors on submitted work.

9. Disclaimer of Warranty and Limitation of Liability

photoroost agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.

THE SERVICE, PHOTOROOST'S SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOROOST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO PHOTOROOST AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR CONTENT, PHOTOROOST SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED MEDIA AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY PHOTOROOST, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, PHOTOROOST'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF PHOTOROOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

10. Indemnification

You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to photoroost and The Gencom Group Inc. from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.

 

 

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