
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.
This Agreement (which includes the Acceptable Use Policy which may be found by clicking here) is
an agreement between you and the Web Site and governs the use of the Service and any Materials that you may use or
allow others to use in connection with the Service. For purposes of this Agreement, "Materials" includes user IDs,
email addresses, passwords, comments, images, graphics, text and data and any other forms of information submitted
to the Company, regardless of whether such information is posted publicly or with password protection.
Each time you use the Service, you signify your acceptance and agreement, and
the acceptance and agreement of any person you purport to represent (and for purposes of this
Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation
or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal
authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this
Agreement, or you do not have the legal authority to agree to and accept this Agreement, then you may not use the Service.
You may not change, supplement, or amend this Agreement in any manner.
The Company may, in its sole discretion, change, supplement or amend this Agreement as it relates
to your future use of the Service from time to time, for any reason, and without any prior notice or
liability to you or any other person. (If you do not agree to a change, you must terminate your membership
as addressed below.)
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 any payment due is not made by you, the Company may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and your access to and use of the Service, or (b) terminate this Agreement and your access to and the use of the Service. If legal action is necessary to collect fees or charges due from you, then you will reimburse the Company for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.
If you breach any provision of this Agreement, then you may no longer use the Service.
You may terminate this Agreement at any time. To terminate this Agreement, you must notify the Web Site by sending email to the CVSphoto.com Customer Service. After receipt of your termination notice, the Web Site will terminate your account. The Company may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without any notice to you and without any liability to you or any other person.
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
The Company and its service providers do not collect, use, or disclose your personal
information without your prior consent and knowledge except in accordance with the Privacy Policy.
The Privacy Policy is available by clicking here The Company may change the Privacy Policy
from time to time in its sole discretion. By accepting this Agreement, and each time you use the Service, you consent
to the Company's collection, use and disclosure of your personal information in accordance with the Privacy Policy
without any further notice or any liability to you or any other person.
You also consent to the Company and its service providers monitoring, screening, policing and editing
your use of the Service and the use of your accounts, including postings and submissions of Materials to the
Service, without any notice or any liability to you or any other person. The Web Site and its service providers
are not under any obligation to engage in such monitoring, screening, policing and editing, but may do so as they
consider appropriate in their sole discretion, without notice to you or any other person.
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
CVS
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.
If you are a member, you may create links to the Materials you post to the Web Site from your own, personal,
non-commercial site; however you may not create links from commercial sites (such as auction sites) or sites you do not own. Also,
you may not use the Company name or any of the Marks or otherwise indicate, suggest or imply that the Company endorses the
Materials you post to the Web Site.
Any other links to the Web Site or its content without the express permission of the Company
are strictly prohibited. To request permission to link to the Web Site, please contact the
CVSphoto.com Customer Service The Company reserves the right to cancel and revoke any permission it may give to link to
the Web Site at any time, for any reason, and without any notice or liability to you or any other person.
The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
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.
Notices or communications to the Company in connection with this Agreement
must be in writing and must be sent to the Company by both email to CVSphoto.com Customer Service
and by courier or regular pre-paid post to 590 - 425 Carrall Street, Vancouver, BC Canada V6B 6E3. Notices will be deemed to be
received by the Company upon the earlier of: (a) your receipt of the Company's express acknowledgement of receipt of email transmission;
(b) two (2) business days after deposit with a nationally recognized overnight courier; or (c) ten (10) business days after
deposit in the U.S. or Canadian postal mail, provided that if there is a slow-down or other labor dispute which affects the
delivery of a notice by mail then it will be deemed to be received by the Company at the actual time of delivery.
Notices to you in connection with this Agreement may be sent by either email to the email address supplied for your account
or otherwise provided by you or by courier or regular pre-paid post to your postal address or the postal address supplied for
your account. Notices will be deemed to be received by you upon the earlier of: (a) the Web Site's receipt of your express
acknowledgement of receipt of email transmission; (b) two (2) business days after deposit with a nationally recognized overnight
courier; or (c) ten (10) business days after deposit in the U.S. or Canadian postal mail, provided that if there is a slow-down
or other labor dispute which affects the delivery of a notice by mail then it will be deemed to be received by you at the actual
time of delivery.
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.
The parties to this Agreement have expressly requested and required that this Agreement,
and all other related documents, be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to the Company.
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 is not obliged to monitor, screen, police or edit the use of the Service,
including postings of Materials to the Web Site, although the Company reserves the right to do
so in its sole discretion and without any notice or liability to you or any other person.
The Company will respond as it considers appropriate, in its sole discretion, if it becomes aware of any
inappropriate uses of the Service, including
uses that constitute copyright infringement. You may report violations of this Policy by e-mailing us at:
CVSphoto.com Customer Service (The procedure for making copyright
infringement claims may be found by emailing CVSphoto.com Customer Service)
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.