Vistek Terms and Conditions
Welcome to the Vistek Online photo service. Our mission is to provide our valued clients with a photo service that is an easy to use, safe and fun on-line photo sharing and printing service (the "Service"). Please review our terms and conditions (the "Terms") before you enter our site (the "Site") and use our services. These Terms and Conditions may be updated and changed at any time without notice, the most recent version will be on this page. In case of any differences between these Terms and conditions and information included in any of our off-line material such as printed campaigns, signs and promotions, these Terms and Conditions take precedence over all else. You should visit this page anytime to check for the latest Terms.
Use of the Site, indicates that you accept these Terms , that you agree to be bound by them, and you are at least 13 years of age and submit certain requested information to Vistek, including your name and correct email and home address . Acceptance of these Terms creates a binding contract between you and Vistek that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact email@example.com . Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
The Service is for personal use only.
A condition of Membership is your "Active Participation" in the Service. Active Participation is defined as sending in film or purchasing photo merchandise, including reprints and enlargements, through the Service at least once every 365 days. If your Membership account is inactive for a period of over 365 days, Vistek may terminate your Membership (or any part thereof) or your use of the Service, and may remove and discard any content, including all information, communications, postings, albums, image files or any other content within the Service.
You may not use the Service to store or Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Vistek deems:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
- Comprises copyrighted material used without the express permission of the owner.
- Violates or encroaches on the rights of others.
- Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service.
- Advocates illegal activity.
- Harms anyone, including minors.
- Provides a link to any of the above.
You are responsible for your Content
Vistek reserves the right to delete, move or edit materials for any reason, at any time without notice. Vistek has sole discretion over what is considered Prohibited content on the Site. All Content (whether private or public) that is stored on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure. Vistek makes no guarantee what so ever regarding the accuracy, quality or appropriateness of Content available on the Site.
No Resale of Service
You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.
Third Party Software
As a convenience to Members, Vistek may make third-party software available through the Service. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Vistek does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Vistek makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Service.
We respect your privacy and have taken specific steps to protect it. http://www.vistek.ca/about/privacy.aspx
As a condition to Membership, you represent and warrant to Vistek that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.
The Service is protected by Canadian and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
You will indemnify, defend and hold harmless Vistek, including its officers, directors, employees, affiliates, licensors, suppliers, information providers, and agents (collectively "Vistek Affiliates") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.
(A) No Liability for Content. In no event will Vistek or Vistek Affiliates be liable for any claim of any nature, whether direct or indirect, arising from or related to (i) content made available on or through the service, including errors or omissions in such content, or (ii) Loss or damage incurred as a result of content.
(B) Exclusive Remedy. Any product or service made available through the service is provided on an "as is" and "as available" basis. Your use of the service is at your own risk. Vistek warrants only that photographic materials provided will be returned to you in usable condition. If your film, prints, or negatives are damaged, of unacceptable quantity or quality, or lost or not returned, Vistek’s sole obligation, and your sole and exclusive remedy, will be for Vistek to either (i) refund the full amount of the purchase price of such film and prints, or (ii) reprint the photos at no extra cost and give you an equivalent amount of unexposed film if your negatives are unusable.
(C) Disclaimer. Except for the above express limited warranty, to the extent permitted under applicable law, Vistek and Vistek Affiliates expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Vistek makes no warranty that (i) the site or service will be provided in a manner that is uninterrupted, timely, secure, or error free, (ii) the site or service are or will be free of viruses or other harmful components, or (iii) the service or site will meet your requirements. Vistek makes no warranties of any kind with respect to software, goods, or services that are purchased, accessed, or obtained through the site or that are advertised on the site. Any material downloaded or otherwise obtained through the use of the service is at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(D) Remedies. To the fullest extent permitted under law, the remedies set forth in these terms are your sole and exclusive remedies.
Limitation of Liability
To the fullest extent permitted under law, Vistek will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any direct, incidental, indirect, special, or consequential damages or liabilities (including any loss of data, revenue or profit) arising with respect to your use of the site or the service, even if you have been advised of the possibility of such damages. This limitation applies to damages arising from (i) use or inability to use the service, (ii) cost of procurement of substitute goods and services, (iii) unauthorized access to or alteration of your transmissions by third parties, (iv) third party content made available to you through the service, or (v) any other matter relating to the service.
Vistek may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Vistek elsewhere on the Site, (ii) conduct Vistek believes is harmful to other Vistek users, the business of Vistek, or (iii) failure to continue Active Participation in the Service. Vistek will not be liable to you or any third-party for any termination of your access to the Service.
Choice of Law
The provincial and federal courts of Ontario are the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. You consent to personal jurisdiction and venue by the courts of the province of Ontario.
Modification of Terms
Vistek reserves the right to amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Vistek will be prospective only.
These Terms constitute the entire agreement between you and Vistek governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Vistek Affiliate services, third-party content, or third-party software.
The failure of Vistek to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
You can report abuse of these Terms to firstname.lastname@example.org