Pro Line Sports Photography
TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF ORDERS.PROLINESPORTSPHOTOGRAPHY.COM (the “SITE”). BY ACCESSING AND USING THE SITE AND USING IT’S SERVICES You THE CLIENT (hereinafter “You” or “Your”) AGREE TO THE TERMS AND CONDITIONS AS STATED BELOW.
Provision of the Services and How to Contact Us.
1. Pro Line Sports Photography/Vibrant Photos (hereinafter “We” or “Us”), in association with Netlife who provides the online platform to manage and sell photographs, provide photographic services inter alia group shots, individual shots, sporting shots (“Services”) of childcare and school age children.
2. Once taken, photographs are then uploaded to the Site by Us and can be purchased directly by You.
3. We reserve the right to deal with, or make decisions about, matters requiring Our opinion, decision, or a discretion, at Our absolute and sole discretion without consultation or notice to You.
4. Email: firstname.lastname@example.org – Business hours phone: 855.457.4114
5. You acknowledge that You have provided Us with accurate and complete registration information on Your account sign-up form or enquiry form. It is Your responsibility to update and keep Your information current by giving Us notice of such changes by either email or telephone.
6. You must be 18 years or older to access the Services. We reserve the right to require You to provide evidence to verify any aspect of Your account sign-up form at any time.
Security of Information
7. You must keep Your account details secure at all times and if You believe that there has been a breach of security You must notify Us immediately. If We reasonably believe or suspect that Your access information is being used in any way which is not permitted under this Agreement or in contravention of any laws, We reserve the right to immediately suspend Your access, supply You with notice thereof, and block access to the Site until the issue has been resolved to Our satisfaction.
Changes to Site
8. We are continually seeking to improve the Services and the Site to ensure that all information (“Content”) is up to date. Accordingly, We reserve the right, at Our sole discretion, to amend any part of the Site, Services or Content at any time and without prior notice to You. We recommend that You regularly check the Site for any updates or changes to this Agreement, which are effective between You and Us on posting. Your continued use of the Site will be deemed as Your acceptance of those updates and/or changes.
Limited License and Right to Use Content
9. You are granted a non-exclusive, non-transferable, non-assignable, revocable license to use the Site and the Content subject to the terms and conditions of this Agreement. The Content, copyright, database rights, website design, trade and service marks and logos or names, design rights, and rights relating to loss of reputation and business and all other intellectual property rights, including the software used on the Site (“Intellectual Property”), whether registered or not, belong to Us (or applicable licensors) and may not be used in any way whatsoever without Our prior written consent.
Our Warranties and Indemnity
12. We warrant that We will use commercially reasonable skill and care in the provision of the Service. We make no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is Your responsibility to adopt appropriate back-up, firewall and other precautionary security measures to protect You and Your equipment and software. All other express or implied warranties and any representations are excluded from this Agreement.
Your Warranties and Indemnity
13. You warrant and represent that You are the owner or licensee of any content that You upload, record or otherwise transmit through the Site and Services (collectively, “your Content”). You warrant, represent, and covenant that You shall not publish, post, upload, record or otherwise transmit any of Your Content (including Your user name) in a manner that (a) infringes any third party's intellectual property rights, or rights of publicity or privacy; (b) violates any law or statute, (c) is defamatory, threatening or harassing; (d) is profane, indecent, obscene, harmful to others or may be deemed pornographic; (e) contains any viruses or other computer programming routines that are intended to damage, detrimentally effect, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (f) is false, misleading or inaccurate.
14. You agree not to: (a) use the Site and Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (b) harvest or otherwise collect information about others, including e-mail addresses; (c) knowingly interfere with or disrupt networks connected to the Site and Services or violate the regulations, policies or procedures of such networks; (d) attempt to gain unauthorized access to the Site and Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (e) use the Services for any illegal purposes.
15. You agree to, without limitation, fully indemnify Us from and against all claims, liabilities, costs and expenses (including but not limited to all legal fees) arising out of Your use of the Site and Services or related to any breach of this Agreement.
Limitation of Liability
16. We shall not be liable to You whatsoever in contract, tort (including negligence) or otherwise, for any direct, indirect, consequential or special loss or damage; any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage, even if foreseeable, or any other loss or damage in any amount. If found liable by a court of competent jurisdiction, the claim shall be limited to $100.
17. Please note that all photographs provided by the Business are produced to the highest standards using the best quality materials and latest processing techniques. However, over time, all colour photographs will fade, particularly if left in bright sunlight and not contained behind glass. We cannot therefore accept any responsibility for gradual image deterioration.
18. You acknowledge and agree that the educational institution (“School”) to which the photographed subject (“Subject”) attends is solely responsible for obtaining the consent of the Subject and/or consent from the Subject’s parents/guardians. It is not Our responsibility to ensure that each Subject has the required consent in order for their photograph(s) or image(s) to be used on the Site. Schools must send all parents/guardians a consent form to receive written consent or to allow them to express their objections if they do not wish the Subject to be photographed.
19. If You are a parent or guardian of the Subject, You agree to hereby provide Your consent to and confirm that the Subject’s image may be used in the provision of the Services (which may include group shots) and which may include purchase by other users of the Site.
Use of Phots and Images
20. You agree to only purchase photographs or images that You have a genuine reason to purchase such as (but not limited to) the Subject being Your child or a relation of Yours or for the purposes of a gift. We may enquire into Your connection to the Subject and if We are not satisfied with Your explanation We may refuse to allow You to use the Site or the Service. We may, if we consider it appropriate, contact the relevant authorities and provide whatever personal or other identifying information we may hold on You.
No Obligation to Retain
21. You agree that We are under no obligation to retain, store or save photographs of a Subject for any pre-determined length of time and that We can archive them or destroy them whenever We consider it appropriate.
No Proprietary Rights
22. You agree that You have no propriety interest in any photographs and/or images taken or generated by Us and that all intellectual property rights in the same are wholly owned by the Us and You disclaim all rights You or the Subject may have.
23. You consent to the use of all photographs and/or images of the Subject taken or generated by Us for marketing purposes from time-to-time. You may revoke this consent at any time by written notice, which notice will not apply retroactively.
Payment and Refund Policy
24. The prices for the Services are reflected on the Site and exclude delivery and applicable taxes, which will be added to the total amount charged to You. Note that the final figure shown when You shop and pay using Our secure online facility will include all taxes and shipping fees. Prices are liable to change at any time but You will not be affected if Your order has already been placed and You have received confirmation thereof.
25. All orders placed after the “discounted packages” date will be delivered to Your school or home address (or the address provided by You). We do not impose “fines” but will impose a minimum charge an approximate fee of $9.95 per order to cover the cost of shipping, depending on the weight.
26. As the goods provided are personal to You and have no re-sale value, We regret that We cannot cancel or provide refunds once Your order has been placed in production. However, We do understand that mistakes do happen and if You consider that Your order is not correct, please contact Us and We will try and assist You.
27. All notices shall be given to Us via e-mail to Our email address. We will give notice to Your email address and/or to Your supplied address.
Third Party Links
28. The Site may contain links to other websites and resources which You may use. We do however do not take any responsibility nor shall We be held liable for the availability or content of these resources. We do not provide and endorsement or approval of any such third party websites, their advice, opinions, information, products or services, expressed or implied, or the provision of any information by them on Our Site. It is entirely Your decision and responsibility to use their services and/or products.
Termination and Renewals
29. We operate the Site on a fair and reasonable basis and this Agreement and Your access to the Services may be immediately terminated by Us if You are in breach of this Agreement or are behaving in a way that We consider inappropriate or in a way likely to harm Our reputation.
30. Should a dispute arise between You and Us that cannot be resolved directly within reasonable time, then it is hereby agreed that the matter will be dealt with by mediation before formal legal action is commenced. On the written request of either party, the parties shall agree to an independent mediator, , and if they cannot with 14 days agree on a mediator, We will select a mediator of Our choice. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Vancouver, British Columbia. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, either party may submit the matter to a British Columbia Court which will have exclusive jurisdiction.
31. No failure or delay on the Our part relating to the exercise of any of Our rights, powers, privileges or remedies provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
32. We do not have an obligation to monitor all activities on the Site but reserve the right to do so and to keep and disclose whatever information We consider necessary to the relevant authorities should it prove necessary and to remove any information, to include but not be limited to commentary, We deem to be inappropriate.
33. Due to the nature of the Services it may be possible that a price may be incorrectly listed on the Site due to technological or human error. You are advised that neither We nor Our associates and agents are under any obligation to provide any goods or services at an incorrect price even after receipt of an order or any other notification of the same.
34. Our obligation(s) to You ceases in the event force majeure, Acts of God, failure of any third party, or any similar event.
35. This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither You nor Us shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorized representatives from both sides.
36. In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail.
37. This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Province of British Columbia and be subject to the exclusive jurisdiction of British Columbia courts.