Terms and Conditions
By using the photographyartstore.com web site (Photography Art Store), a service of PAS Photography Art Store Ltd., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement").
General Terms
1. You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
2. You are responsible for keeping your password secure.
3. You must not abuse, harass, threaten, impersonate or intimidate other photographyartstore.com users.
4. You may not use the Photography Art Store service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the Photography Art Store service.
6. You must not modify, adapt or hack photographyartstore.com or modify another website so as to falsely imply that it is associated with Photography Art Store.
7. You must not create or submit unwanted email or Conversations ("Convos") to any Photography Art Store members ("Spam").
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. You must not, in the use of Photography Art Store, violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your Photography Art Store account. While Photography Art Store prohibits such conduct and content on its site, you understand and agree that Photography Art Store is a venue and as such are not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Photography Art Store service at your own risk.
General Conditions
· Photography Art Store reserves the right to modify or terminate the Photography Art Store service for any reason, without notice at any time.
· Photography Art Store reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Photography Art Store will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Photography Art Store’s sole discretion, in good faith and using common sense and reasonable judgment.
· Photography Art Store reserves the right to refuse service to anyone for any reason at any time.
· Photography Art Store may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that Photography Art Store determine in Photography Art Store's sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, or other policy documents and community guidelines as posted on Photography Art Store.
· The Photography Art Store service makes it possible to post images hosted on Photography Art Store to outside websites. This use is accepted. However, pages on other websites which display images hosted on Photography Art Store must provide a link back to Photography Art Store from each photo to its photo page on Photography Art Store.
· Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
· You can remove your profile at any time by deleting your account. This will also remove any private information you have stored in the system. By uploading images and item description content to Photography Art Store, you agree to allow other Photography Art Store users to view them and you agree to allow Photography Art Store to display the images and content on Photography Art Store (for example, in your shop, on Photography Art Store's Homepage and in Treasuries) and store the images, item description, profile and other content.
You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on Photography Art Store before you may become a member of Photography Art Store. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.
Photography Art Store may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Photography Art Store. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on June 15th, 2009 for all users.
Membership Eligibility
Photography Art Store's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Photography Art Store's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Photography Art Store members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Photography Art Store. Further, your Photography Art Store account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Release
In the event that you have a dispute with one or more users, you release Photography Art Store (and Photography Art Store's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Usage Rights: Copyright of photograph(s) sold by Photography Art Store remains with the photographer at all times. Buyers may not reproduce purchased photographs without express permission from the original photographer.
Restricted Activities: Your Activities which results in Your Information (or any items listed) on Photography Art Store shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items, this includes artists misrepresenting work as their own and buyers attempting to reproduce an artist's artwork.;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Photography Art Store also does not permit the listing of items that have been identified by the “Canadian Health & Safety Board” hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(f) be obscene (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement or other policy documents and community guidelines as posted on Photography Art Store or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than Photography Art Store's (this does not prevent linking to or advertising an Photography Art Store item from another web site); or
(dd) you do not have a right to link to or include.
Privacy
Photography Art Store does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Photography Art Store only uses your information as described in the Privacy Policy. Photography Art Store views protection of users' privacy as a very important community principle. Photography Art Store understands clearly that you and Your Information is one of Photography Art Store's most important assets. Photography Art Store stores and processes your information on computers located in Canada that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Photography Art Store's services.
No Warranty
PHOTOGRAPHY ART STORE, PHOTOGRAPHY ART STORE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PHOTOGRAPHY ART STORE’S SUPPLIERS PROVIDE PHOTOGRAPHY ART STORE’S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PHOTOGRAPHY ART STORE, PHOTOGRAPHY ART STORE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PHOTOGRAPHY ART STORE’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
Liability Limit
IN NO EVENT SHALL PHOTOGRAPHY ART STORE, AND (AS APPLICABLE) PHOTOGRAPHY ART STORE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PHOTOGRAPHY ART STORE’S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
PHOTOGRAPHY ART STORE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PHOTOGRAPHY ART STORE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PHOTOGRAPHY ART STORE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD PHOTOGRAPHY ART STORE AND (AS APPLICABLE) PHOTOGRAPHY ART STORE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and Photography Art Store are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Photography Art Store Attn: Legal Department; 40 Nesbitt Dr. Toronto, Ontario M4W 2G3 (in the case of Photography Art Store) or to the email address you provide to Photography Art Store during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Photography Art Store may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Photography Art Store during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
Photography Art Store’s goal is to make you happy. In the event a dispute arises between you and Photography Art Store, please email Photography Art Store at customersupport@photographyartstore.com and we will work quickly towards a solution.
Disputes between you and Photography Art Store regarding Photography Art Store's services may be reported to Customer Support by emailing customersupport@photographyartstore.com.
