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Thank-you for choosing Fotojournal. Fotojournal provides a web publishing service (the “Service” defined below) to you subject to the following Terms of Service (“TOS”). Fotojournal reserves the right to update the TOS without notice to you. By accessing and using the Service you accept and agree to be bound by the terms and provision of the TOS.
Fotojournal is a website publishing service that allows users to register for an account with the Service to create, update and maintain an online website hosted by Fotojournal. Once registered with the Service, each Account Holder receives his or her own Web Site to post “Content” (as such term is defined in Section 7). Unless explicitly stated otherwise, any new features that augment or enhance the current Fotojournal Services, including the release of new Fotojournal features, shall be subject to the TOS. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Fotojournal Services.
In order to use the Service, you must have a valid Fotojournal ID. To be an Account Holder with your own web site, you must provide Fotojournal with a valid email address and other information (“Registration Data”). As an Account Holder, you will choose a password and account designation for your web sites during the Service’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 Fotojournal in writing 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. Fotojournal cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fotojournal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fotojournal has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Web site and all information contained therein may be deleted by Fotojournal. Fotojournal accepts no liability for such deleted information or content.
You agree Fotojournal, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your web site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Fotojournal believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted web site (as applicable) and all its parts, at Fotojournal’s discretion, will be terminated as well. Fotojournal may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Fotojournal may immediately deactivate or delete your web site, as applicable, and all related information and files. Fotojournal reserves the right to bar any further access to such files or the Service. You agree that Fotojournal shall not be liable to you or any third-party for any termination of your access to the Service.
You are responsible for maintaining the security of your account and web site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the web site. You agree to immediately notify Fotojournal in writing of any unauthorized uses of the account or any other breaches of security. Fotojournal cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Fotojournal be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You, and not Fotojournal, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Fotojournal does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fotojournal be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Fotojournal does not pre-screen Content, but that Fotojournal and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Fotojournal and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in Fotojournal’s sole discretion. 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 Fotojournal or submitted to Fotojournal. You acknowledge and agree that Fotojournal 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: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Fotojournal, its users and the public.
FotoJournal has an absolute zero-tolerance policy for obviously pornographic material. We reserve the right to immediately and permanently delete pornographic content and photos and/or ban users from using the service, without any prior form of warning.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Fotojournal’s sole discretion as to what action should be taken.
You agree that you will not:
If any user is reported to be in violation with the letter or spirit of these terms, Fotojournal retains the right to terminate such account at any time without further warning.
Some of the features on the Service require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. Fotojournal reserves the right to change its prices at any time. You authorize Fotojournal directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information.
Downgrading your Fotojournal account may cause the loss of content, features, or capacity of your account. Fotojournal does not accept any liability for such loss.
Fotojournal does not issue refunds or accept returns. Since Fotojournal is a month-to-month service that allows you to cancel at any time, we do not issue refunds.
With respect to any additional software that may be made available by Fotojournal in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.
You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider’s terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
Fotojournal does not claim ownership of the Content you place on your Fotojournal web site. By submitting Content to Fotojournal for inclusion on your Fotojournal web site, you grant Fotojournal a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Service. This license exists only for as long as you continue to be a Fotojournal customer and shall be terminated at the time your Web site is terminated.
You acknowledge that Fotojournal does not pre-screen Content, but that Fotojournal and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Fotojournal and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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.
The Service may provide links to other World Wide Web sites or resources. Because Fotojournal has no control over such sites and resources, you acknowledge and agree that Fotojournal is not responsible for the availability of such external 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 Fotojournal 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.
You agree to indemnify and hold Fotojournal, and its subsidiaries, affiliates, officers, director’s, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Fotojournal.
You acknowledge that Fotojournal may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.
Fotojournal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Fotojournal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Fotojournal you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOTOJOURNAL SHALL NOT 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 FOTOJOURNAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Fotojournal shall be governed by the laws of the Province of Alberta without regard to its conflict of law provisions. You and Fotojournal agree to submit to the personal and exclusive jurisdiction of the courts located within Edmonton, Alberta. The failure of Fotojournal to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Fotojournal and govern your use of the Service, superseding any prior agreements between you and Fotojournal (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Fotojournal services, third-party content or third-party software. If any provision of the TOS or incorporated documents are 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 the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.