- Acceptance of Terms
BY CONTINUING TO USE THE AR Photo Design Inc. SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS THEREOF.
AR Photo Design Inc. will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use AR Photo Design Inc. only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. AR Photo Design Inc. is not intended for children under the age of 13.
- User Account, Password, and Security
Upon creating a user account, you agree to provide AR Photo Design Inc. with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account approval upon completing the Site’s registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AR Photo Design Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AR Photo Design Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3 nor and implication thereof.
- User Conduct
In using this Site, you agree not to:
- upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this Site or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, torturous, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, provincial/state and local laws, regulations and ordinances;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial/state, national, or international law;
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites.
- frame or link to the Site except as permitted in writing by AR Photo Design Inc.;
Upon uploading Content, you acknowledge that AR Photo Design Inc. may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, AR Photo Design Inc. and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to AR Photo Design Inc. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, AR Photo Design Inc. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither AR Photo Design Inc. nor any other party involved with the production of any product incorporating such Content, assumes that responsibility. AR Photo Design Inc.’s production of any product depicting your Content does not indicate that AR Photo Design Inc. approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that AR Photo Design Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of AR Photo Design Inc., its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable Canadian and United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
Prices for products on AR Photo Design Inc. are described on our Site and incorporated into these Terms by reference. All prices are in Canadian Dollars. Prices and products may change at AR Photo Design Inc.’s discretion and without any prior notice.
- Individual Galleries/Blog Posts
If you become a member, AR Photo Design Inc. then reviews your Content for appropriateness. If your content is accepted, anyone will be able to search, access, and review all of the Content in your Gallery. AR Photo Design Inc. RESERVES THE RIGHT TO REFUSE PUBLIC STATUS TO ANY MEMBER. Visitors will get full access to your images. You are responsible for, and will have the ability to edit and delete, all Content in your Gallery/Blog Posts. You understand and agree that AR Photo Design Inc. shall not be liable for any access to, use of or disclosure of any image, comment or other content in your Gallery.
- Cancellation. You may cancel your subscription for an Account at any time. If you would like to renew your subscription after cancellation, you will need to subscribe again and be approved by a moderator.
- Termination of Account. We may elect, in our sole discretion, to terminate your Account Service because you have failed to comply with any of these Terms.
- Proprietary Rights
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by AR Photo Design Inc., its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
You will retain ownership of the Content you upload to AR Photo Design Inc. You hereby grant to AR Photo Design Inc. a royalty free, worldwide, transferable, nonexclusive, right and license to use such Content as AR Photo Design Inc. deems necessary to enable you to use the AR Photo Design Inc. service to create, produce and publicly display. Upon cancellation of your account and removal of your images, AR Photo Design Inc. shall no longer maintain these rights. Our right to reproduce your images to the public is completely contingent on your participation on our website. When you delete your account, which you may do for any reason, we no longer have said rights to reproduce and market on your behalf.
You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any postings to your account which you submit (excluding the Content) will automatically be deemed to be assigned by you to AR Photo Design Inc. upon their submission to AR Photo Design Inc., and AR Photo Design Inc. shall be entitled to use, edit and publish the information which may include information about your gallery/blog posts, your biography, comments or any other information which you have provided. AR Photo Design Inc. does reserve the right in its sole discretion to delete artwork, text, comments and other imagery which it deems to be vulgar or otherwise inappropriate for the site.
All brand, product and service names used in this Site which identify AR Photo Design Inc. or third parties and their products are proprietary marks of AR Photo Design Inc., and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of AR Photo Design Inc. or any third party with respect to any such image, logo or name. You shall not make any use of any AR Photo Design Inc. trademarks, logos, or trade dress without prior express and written approval by AR Photo Design Inc.
- Copyright and Intellectual Property Policy
AR Photo Design Inc. respects the intellectual property rights of others and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user’s content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user’s access to our services.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify AR Photo Design Inc.’s Copyright Agent, and provide the following information (“Notice”):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed to have been infringed;
- a description of where the claimed infringing Content is located on our Site;
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
AR Photo Design Inc.’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o AR Photo Design Inc.
By phone: (905) 593-0650
By email: firstname.lastname@example.org
- WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF THE CONTENT OR THAT THE CONTENT IS IN THE PUBLIC DOMAIN; (II) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE; (III) YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT WHICH CLAIMS WOULD INTEFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT; (IV) THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL OR OTHER RIGHTS OF ANY THIRD PARTY; (V) THE WORK IS NOT DEFAMATORY OR OBSCENCE; (VI) THE CONENT DOES NOT CONTAIN ILLEGAL MATERIAL; (VII) THE CONENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGION, SEXUAL ORIENTATION, OR THE LIKE (“DISCRIMINATORY CONTENT”); (VIII) AR PHOTO DEIGN INC. MAY LEGALLY MANUFACTURE AND SELL PRODUCTS INCORPORATING THE CONTENT WITHOUT THE INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTY AND WITHOUT THE OBLIGATION TO MAKE ANY PAYMENTS TO OR OBTAIN ANY PERMISSION FROM ANY THIRD PARTY.
You agree to defend, indemnify and hold AR Photo Design Inc. and AR Photo Design Inc.’s officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
- No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without AR Photo Design Inc.’s express written consent.
The Site may provide, or third parties may provide, links to other websites or resources. Because AR Photo Design Inc. has no control of such sites and resources, you acknowledge and agree that AR Photo Design Inc. is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AR Photo Design Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Public Reputation
You acknowledge and agree that you will not use any product ordered from arphotodesign.com in a way that would be damaging to AR Photo Design Inc.’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from AR Photo Design Inc. in a public setting, including on the Internet, in a way which disparages AR Photo Design Inc., AR Photo Design Inc.’s board members, employees, shareholders or partners, AR Photo Design Inc. reserves the right to demand immediate return of the product AR Photo Design Inc.’s sole and exclusive obligation and your sole and exclusive remedy shall be a full refund of all fees paid by you.
- DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AR PHOTO DESIGN INC. AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AR PHOTO DESIGN INC. DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT AR PHOTO DESIGN INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF AR PHOTO DESIGN INC., ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT AR PHOTO DESIGN INC. DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, AR PHOTO DESIGN INC. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT AR PHOTO DESIGN INC. MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AR PHOTO DESIGN INC. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL AR PHOTO DESIGN INC. OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING AR PHOTO DESIGN INC. OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AR PHOTO DESIGN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Toronto, Ontario in accordance with the Commercial Arbitration Rules of the Canadian Arbitration Association then in effect. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney’s fees and costs to the prevailing party.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. AR Photo Design Inc. may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. AR Photo Design Inc.’s failure to act with respect to a breach by you or others does not waive AR Photo Design Inc.’s right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and AR Photo Design Inc., and supersedes all other communications, written or oral, with regard to the services provided by AR Photo Design Inc.
What Information Do We Collect?
You may browse the site without telling us who you are or revealing any information about yourself. Once you register on the site you are no longer anonymous to us. When you place an order, we ask you to provide personal information such as your name, mailing address, billing address, telephone number, email address, credit card number and its expiration date. All of the information gained through this process may be used by AR Photo Design Inc. as well as providers of related services, in order to process your transaction.
We may also collect information about your visit, including the pages you view, the links you click, and other actions taken in connection with the AR Photo Design Inc. site or services. We also collect information that your browser sends to every website you visit, such as your IP address, browser type and language, access times, and referring Web site addresses.
When you receive newsletters or promotional emails from AR Photo Design Inc., we may use web beacons, customized links or similar technologies to determine whether the email has been opened and which links you click on in order to provide more focused email communications or other information.
How Do We Use Your Personal Information?
We collect your personal information to carry out the transactions you have requested. Our goal is to provide you with a safe and efficient experience on our site. We may also use your information to provide you with more effective customer service, customize, measure, and improve our product, services, and technologies. We may also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. We may also occasionally send you product surveys or promotional mailings to inform you of other product or services available from AR Photo Design Inc.
Will We Share Your Personal Information?
AR Photo Design Inc. will not disclose your personal information to third parties without your consent. We will not sell, trade, or rent your personal information to outside parties. AR Photo Design Inc. may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with the law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property, or safety of AR Photo Design Inc., our users or others.
We may occasionally hire other companies to provide limited services on our behalf, such as handling the processing of delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. Those companies will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
How Do We Protect Your Personal Information?
AR Photo Design Inc. is committed to protecting the security of your personal information. We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts sensitive information you input.
If a password is used to help protect your account and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always choose to log out before leaving the site to protect access to your information from subsequent users.
You may view and edit your personal information online. In order to prevent information from being viewed by others, you will be required to sign in with your email address and password. After signing in, go to the Edit Profile tab to update your information.
How Can You Change Your Communication Preferences?
You can stop the delivery of future promotional email from AR Photo Design Inc. sites and services by following the specific instructions in the email you receive.
Policy of Children’s use of the site
AR Photo Design Inc. is intended for users age 13 or older. We will not knowingly collect or use any personal information from children we know to be under the age of 13. Any information that we know is from a child under the age of 13 will be deleted. Those between the age of 13 and 17 may only use AR Photo Design Inc. with permission and supervision of a parent or legal guardian. Your parent or guardian may request that we delete any personal information in our database and/or opt out from receiving any communication from us.
Do We Use Web Beacons?
AR Photo Design Inc. may use web beacons in promotional emails messages or newsletters in order to determine whether messages have been opened or acted upon. AR Photo Design Inc. may also employ web beacons from third parties in order to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns. We prohibit Web beacons on our site from being used by third parties to collect or access your personal information.
How Can You Contact Us For Additional Information?