PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF WWW.CVSPHOTO.COM (THE "WEB SITE") AND THE SERVICES AND GOODS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE (COLLECTIVELY, THE "SERVICE"). IT EXEMPTS PNI, INC. (THE “COMPANY” and THE “SERVICE PROVIDER” AND OTHERS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE WEB SITE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE SERVICE, YOU MAY NOT USE THE SERVICE.
EACH TIME YOU USE THE SERVICE, THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SERVICE, YOU SHOULD CHECK THE EFFECTIVE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND, IF THE AGREEMENT HAS BEEN REVISED SINCE YOUR LAST VISIT TO THE WEB SITE, REVIEW THIS NEW VERSION OF THE AGREEMENT.
The Service may be used only by individuals resident the United States of America. The Web Site may be used only by individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Company reserves the right to limit the availability of the Service and/or the provision of any service, program, film, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that the Company provides. VOID WHERE PROHIBITED.
All fees and charges will be at the rates in effect at the time the charges were incurred.
Charges incurred under this Agreement may include charges related to use of the Service,
as well as charges related to goods and services provided by third parties but acquired through
the Service. You are responsible for paying all fees, charges and applicable taxes associated with
your use of the Service and any use of the Service by any person using your user ID or password.
All amounts appearing on the Web Site are quoted in USA Currency.
The Company endeavors to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, the Company reserves the right to change the prices, fees and charges associated with the Service, including any goods and services available through the Service, at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, the Company cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. The Company also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed at the time of your order, the Company will provide you with an opportunity to cancel your order. If you order goods or services that are not available, the Company will notify you by email. The Company reserves the right to limit quantities licensed or sold.
Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Web Site sends an order acceptance and shipping notice email to your email address. You may not cancel an order after the Company has sent an order acceptance and shipping notice email to you. If you wish to cancel an order that has not yet been accepted, you may request a cancellation by sending an email to the CVSphoto.com Customer Service. However, the Web Site may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
If you breach any provision of this Agreement, then you may no longer use the Service.
The Company strives to make your use of the Service a useful and enjoyable experience.
Nevertheless, the Company and its service providers do not accept any liability for your use of the Service.
For that reason, the following provisions apply to your use of the Service:
AND THE WEB SITE AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by law in some jurisdictions. Such legal limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive the termination of this Agreement.
Members and other Service users must use the Service responsibly and with respect for all persons. Members and other Service users must comply with all applicable laws, rules and regulations, including without limitation the Acceptable Use Policy, which is part of this Agreement and may be found by clicking here
For all Materials you may use or allow others to use in connection with the Service, including Materials posted or submitted to the Service:
You also grant to the Web Site and its service providers the right to use your name in connection with the Materials.
Some areas of the Web Site may require you to register with the Web Site.
When and if you register, you agree to (a) provide accurate, current, and complete information
about yourself as prompted by our registration form (including your email address) and
(b) to update your information (including your email address) so as to keep it accurate, current, and complete.
Members may also use album passwords for Materials they submit or post to the Service in order to restrict access to those Materials. The use of an album password does not restrict access by the Web Site and its service providers to the password-protected Materials.
As part of the registration process, you will be asked to select a unique user ID and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, user IDs and passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and members must log-out at the end of each session. You will be responsible for the confidentiality and use of your username and password and agree not to disclose your user ID or password to the Web Site to any third party. You must immediately notify the Web Site of any unauthorized disclosure or use of your user ID or password or album passwords you have provided to other persons, or if you know or suspect that those passwords have been lost or stolen or become known to any other person without your authorization.
The Service is not designed or intended to be used as a disaster recovery or emergency data storage facility.
You are responsible for creating and maintaining copies of your photos, as back-ups, prior to posting or uploading
any images or other content or materials to the Site. To remain eligible for free storage,
you must access your account at least once every 180 days and make a purchase at least once every 365 days.
The 365 day period will restart with each purchase you make from the
Web Site. If you do not make at least one (1) purchase every 365 days,
the Web Site may delete the photos stored in your account. Furthermore, if your account
has not been accessed at least once in a 180 day period the account itself may
be terminated including all information,communications, postings, albums, image
files or any other content within the account. Please note that
reserves the right to modify this policy without notice at any time.
This Agreement, your use of the Service, all transactions through the Service,
and all related matters are governed solely by the laws of the Province of British Columbia,
Canada and applicable federal laws of Canada, excluding any rules of private international
law or the conflict of laws which would lead to the application of any other laws.
Any dispute between the Company and you or any other person arising from, in connection with or relating to the Service, this Agreement, any transaction through the Service or any related matters must be resolved before the Courts of the Province of British Columbia, Canada sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
Any claim or cause of action you may have arising from, in connection with, or relating to your use of the Service, this Agreement, any transaction through the Service or any related matters must be commenced in a court of competent jurisdiction in Vancouver, British Columbia, Canada within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
The Service and all of its content, including data, photographs, images, icons, software, and other elements,
are owned or licensed by the Company or its suppliers. The Service and all of its content are protected by domestic
and international copyright, trademark, and other laws. Without limiting the above, the entire content of the Service
is, under domestic and international copyright laws, a collective work owned by the Company. Your use of the Service
and its content does not transfer to you any ownership or other rights in the Service or its content.
The Service and its content may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Service and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of the Company. You may not use any of the software that is used in the operation of the Service except while you use the Service. You may not copy any of the software used in the operation of the Service. You may not reproduce, copy, duplicate, sell, or resell any part of the Service or access to the Service.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Web Site infringe your copyright (for example, Materials posted to the Web Site on one of our forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
All information you provide through the Service, including your registration information (name and email addresses), payment information (credit card numbers and expiration date), and transaction-related information must be true, accurate, current and complete. You must also provide the Web Site with updated registration information and payment information within 30 days of any changes. The Web Site and its service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that you, the Company or its service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration and payment information within 30 days of any changes. The Company may, in its sole discretion, require a copy of a government-issued form of identification before making any changes to your registration information or payment information.
The Web Site may display advertisements on the Service, including on the pages that display Materials you post or submit to the Service. The manner, mode and extent of the advertising will be determined by the Company in its sole discretion, and is subject to change at any time and without any notice or any liability to you or any other person.
The Service may include advertisements for, and links to, other sites and businesses operated by third parties ("Other Sites"). Other Sites are independent from the Web Site, and the Company has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. The Company does not sponsor or endorse any Other Sites or their content or the goods or services available through those sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against the Company arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
The Company does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or
improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names.
The purpose of this policy is to avoid potential misunderstandings or disputes.
Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to the Company.
If you send Submissions to the Company or the Web Site, you automatically grant to the Company and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the Company or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived.
From time to time the Web Site may make contests, sweepstakes or other promotions available to members and other Service users. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Service, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
All transactions through the Service are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the Service, you signify your agreement and acceptance of the applicable Transaction Agreement.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from
the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and the Company are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Service.
This Agreement and the Acceptable Use Policy as amended from time to time by the Company, and any applicable transaction agreements and contest rules, constitute the entire agreement between you and the Company relating to your use of the Service and supersede all previous agreements, written, oral or otherwise, between you and the Company with respect to your use of the Service. You may also be a party to a software licence agreement regarding any software you have downloaded from or through the Service.
The provisions of this Agreement will enure to the benefit of and be binding upon the Company and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express written consent of the Company, which may be withheld in the Company's sole discretion. The Company and its service providers may assign this Agreement and their respective rights and obligations under this agreement without your consent.
Your use of the Service, including posting Materials to the Web Site, must be lawful, ethical,
and respectful of the legal rights and interests of all other persons, and consistent with the
security and reliability of the Service and the Internet generally.
Without limiting the above, the following rules apply to your use of the Service:
The following is a non-exhaustive list of prohibited uses of the Service. The Company reserves the right, in its sole discretion, to determine whether any use by you of the Service is prohibited or otherwise violates this Policy.
The Company may in its sole discretion determine whether this Policy has been violated.
Policy violations constitute a breach of the Web Site Use Agreement and may, in the sole discretion of the Company, result in: (a) termination or suspension of permission to use the Service and any Web Site membership and accounts you may have; (b) restricted access to Materials posted to the Service; (c) removal and permanent deletion and destruction of Materials posted to the Service; and (d) other consequences; all without any notice or liability to you or any other person.