Privacy Policy

TERMS AND CONDITIONS OF USE

 

THIS AGREEMENT OUTLINES YOUR USE OF THE [http://www.fotostock.ca] WEBSITE (HEREINAFTER REFERRED TO AS THE “WEBSITE”), INCLUDING THE DOWNLOADING OF ALL PICTORIAL OR GRAPHIC WORKS FROM THE WEBSITE, AS WELL AS, ALL OTHER SERVICES OFFERED BY THE WEBSITE. THE TERMS AND CONDITIONS DISCLOSED HEREINAFTER GOVERN YOUR RELATIONSHIP WITH THE WEBSITE AND ITS OWNERS

BY CHECKING OFF “I AGREE” AT THE END OF THIS DOCUMENT, AND PURCHASING THIS WORK, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND LIABLE TO ANY INFRACTIONS AS STATED WITHIN. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS AND CONDITIONS, DO NOT PURCHASE THIS WORK AND CEASE USE OF THE WEBSITE AND ALL OF ITS CONTENT.

 

1.     THE WEBSITE AND MEMBERSHIP

The Website provides an online store for downloading pictorial and graphic works. All content available on the Website is one-hundred per cent original and uploaded by the owners of the Website. All of the content on the Website is the rightful intellectual property of the Website and its owners.

 

You may purchase and download content without membership, but are required to enter your payment information per purchase, and will not be able to have your purchased works saved online. Membership is available for your convenience. Membership entails saved payment information if indicated by you, and a private online database of previously purchased works from the Website. Browsing content on the Website is available equally to members and non-members, alike.

 

During membership registration, you will choose an available use name and user password to create a personal and private membership account. During registration, you will be given the opportunity to select your corresponding country, language, and currency designations as available on the Website. This information is not permanent, and may be revised in the future. Upon registration, you are required to specify whether you are registering as an individual or on behalf of a company or entity (if so, the name of the company or entity is required to be specified). If your membership and use of the Website is on the behalf of a company or entity, you agree to warrant that you have the authority to bind the entity to this agreement. You also acknowledge and agree that you will keep your membership name and account password strictly confidential. Your membership account on the Website may not be sold or otherwise transferred to another person or entity.

 

You acknowledge that all information provided by you to the Website must be genuine and not false or misleading (e.g. false names, e-mail addresses, and/or payment information, etc.). You acknowledge and agree that you are solely responsible for every use of your membership account, and that FotoStock may rely on the use of your membership account, payment information, and/or IP address (for non-members) as evidence that you have used the Website and its content (if applicable).

 

You are prohibited from trying to gain access to the membership account of another member (read: person or entity), and/or interfere with any other member’s use of the Website.

 

2.     GENERAL AGREEMENT OF USE OF CONTENT

FotoStock.ca and its owners have the sole discretion and right to amend the terms and conditions of this agreement, in whole or in part, at any time, and such changes shall be effective immediately upon publication of such changes on the Website. Your continued use of the Website and its content after the effectiveness of such changes, constitutes your acknowledgement and acceptance of the amended terms and conditions. If you do not agree with the terms and conditions as so amended, or, if at any time the terms and conditions of the Website are no longer acceptable to you (regardless of amendment) discontinue using the Website and its content.

 

3.     RESTRICTIONS OF USE OF WEBSITE AND/OR OF CONTENT

You may only download works from the Website in accordance with these terms and conditions. All content purchased from, and available on the Website are the rightful property of the Website and its owners. As a client of the Website and its content, you are entitled to use the content purchased by yourself, for your personal and/or commercial use (e.g. in an advertisement).

 

You are prohibited from distributing, selling, and/or displaying the Website’s content and/or pictorial and/or graphic works on another photo stock website or affiliation of any kind. The Website’s content is defined as original work as purchased from the Website, and/or the Website’s original altered images by you (e.g. photoshopped). Failure to abide by these conditions will result in a five-thousand dollar ($5000) fine, revocation of membership (if applicable), banning of the guilty member’s personal identity, payment information, and IP address from the Website and its affiliates, as well as, legal sanctions against the offending user and ensuing legal fees, as applicable under Canadian and International Intellectual Property Law.  

 

You acknowledge and agree that you shall not use the Website and/or its content in any manner that is not permitted by this agreement or that violates any law, regulation, or statute in your applicable jurisdiction and/or Canadian federal and/or any Canadian provincial law.

 

You acknowledge and agree that FotoStock.ca and/or its licensors retain all ownership rights to all content available on the Website, and that such content are protected by copyright, trademark, and other intellectual property rights of FotoStock.ca and/or its licensors.

 

4.     PAYMENT AND REFUND/EXCHANGE STATUS

The purchase of content from the Website shall be conducted on an individual basis (regardless of membership or lack thereof). All content may be purchased from the Website via credit card and a valid PayPal account. You, as a client of the Website, are required to enter your relevant and genuine payment information as indicated by the Website. Upon agreeing to these terms and conditions and purchasing content via your valid credit card and/or PayPal account, you warrant that you are the cardholder and/or account holder, and that all billing information provided is accurate and genuine, as well as, you authorize FotoStock.ca to charge the designated amount to your specific credit card and/or PayPal account.

 

You acknowledge and agree that all purchasing information (e.g. credit card and/or PayPal account information) is accurate and genuine.

 

You acknowledge and agree that all purchases of content from the Website are non-exchangeable and non-refundable, under any circumstances.

 

5.     INDEMNIFICATION

You agree to indemnify, and hold harmless FotoStock.ca, its owners, and all affiliates from and against all claims, expenses (including attorney and/or legal and/or processing fees, if applicable) or other liability due to your breach of any of your representations, warranties, or obligations as stated within these terms and conditions, and from any and all uses by you of the Website and its content (including the use of your membership). This is inclusive to any claims or actions based on infringement or violation of intellectual property rights. FotoStock.ca maintains the right to control the defence of any claim, action, or matter, with counsel of its choosing.

 

6.     DISCLAIMER

You acknowledge and agree that Fotostock may store any and/or all information as provided by you, in its database. By using the Website and accessing its content, you acknowledge and agree that FotoStock may, in its sole discretion, disclose your personal information if required to do so by law, or in discretion to protect the rights, property, or personal safety of FotoStock.ca, its owners, and affiliates, as in accordance to the legal process.

 

You acknowledge and agree that neither FotoStock.ca nor its owners shall be liable to any damages regardless of intent, arising from any use by you of the Website and its content, even if FotoStock.ca or the owners have been advised of these damages.

 

7.     TERMINATION OF WEBSITE USE

These terms and conditions and ensuing agreement of, (if applicable) are valid and in effect unless otherwise terminated by the Website and/or its owners. FotoStock.ca and/or its owners have the sole discretion to terminate these terms and conditions (read: this agreement) without limitation, whether breached or not.

 

FotoStock.ca maintains the sole discretion and right to change and/or discontinue and or all of the services offered on the Website, as well as, remove content on the Website, at any time. You acknowledge and agree that FotoStock.ca and its owners has no obligation to provide, or continue to provide the Website or any particular content and/or service as provided on the Website, at any time.

 

Fotostock.ca reserves the right to suspend and/or terminate your account and/or ban your identity and/or IP address from accessing the Website and its content, without limitation, and after notification of clause(s) pertaining to such suspension and/or termination. You may at any time terminate this agreement by ceasing from purchasing content from the Website and/or discontinuing use of the Website and/or your membership (if applicable). You may terminate this agreement and your membership (if applicable) by logging into your membership account on the Website and sending a request for termination to FotoStock.ca

 

Upon termination of this agreement and/or your membership, you acknowledge that your membership name, account, and password will be deactivated and no longer available for any further use.

 

8.     SUSPENSION OF WEBSITE USE

FotoStock.ca and its owners maintain the right and sole discretion to suspend your membership account (if applicable), and/or your personal identity (via payment information) and/or your IP address, upon suspicion of unauthorized use of the Website and its content, and will notify you of such suspension, as well as, relevant clauses. FotoStock reserves the right to suspend your use of the website through the aforementioned means, at any time, and for any period of time.

 

9.     OTHER

The terms and conditions as outlined in this agreement shall be governed by, and in accordance with the laws of the Province of Ontario, and within the federal jurisdiction of Canada, without regard to any conflict of laws principles. Any legal action or proceeding arising out of, or relating to the terms and conditions contained within this agreement shall be conducted in a Canadian federal court or provincial court of the Province of Ontario, and you and FotoStock.ca each submit to the personal jurisdiction of such court and waive any right to claim lack of personal jurisdiction or inconvenience of forum. You shall have no right to assign any of your rights or obligations under this agreement, in the event of breaching any of the terms contained within these terms and conditions.

 

The bolded headings contained within these terms and conditions are for convenience of reference only, and shall not affect in any manner, the meaning or interpretation of the terms and conditions within.

 

I HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS IN WHOLE, AND WISH TO PROCEED WITH MY PURCHASE.