Terms of Usage
Last revised May 25, 2012
1. WHAT IS COMMITTED PHOTOGRAPHY?
Committed Photography is a web based fine art photography gallery. We provide customers easy access to purchase professional photography from around the world. Committed Photography fulfills the purchased orders and pays a commission to the Photographer who uploaded the work.
2. WHO CAN USE THE SITE?
To use the Service, an account with Committed Photography may be opened to speed up the checkout process; however, you can make purchases without registration. Committed Photography will only knowingly provide the Service 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 the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for children under the age of 13.
Your Committed Photography Account is available for your commercial and personal use. You can also use your Account to view photographs by professional photographers. Any photographs saved in your account are password protected unless you allow other people access to such photographs. You may not use your Account to create an internet link to eBay or any other web site without our express written permission.
3. PHOTOGRAPHS AND PRODUCTS
You can purchase the photographs featured on our Site from us in the form of photographic prints, or other photographic products such as canvas (collectively, the "Products"). You acknowledge that all Products are custom-made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through us and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier.
You may not reproduce, display, transmit, distribute or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Committed Photography. You agree not to modify, alter or otherwise manipulate any Product, including, without limitation, adding other material to a Product, without Committed Photography’s prior written consent.
While we use reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary, and require the photographers to screen the photographs posted on the Web site, we make no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can we ensure that all persons depicted in the photographs have consented to the display of their image on this Site. If your photograph appears on this Site without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it to email@example.com with a description of why you would like it removed.
4. COPYRIGHTS ON OUR SITE
We respect the copyrights, real and implied, of photographers, artists and/or other copyright holders. We will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. The copyrights in the photographs are owned by the photographers thereof who have licensed to us the right to post them on the Site and provide the Services offered. We make no claim of ownership to any images uploaded to our servers by our photographers. Since we cannot research every image transmitted to us or printed by us, it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images. If you believe your copyright in a work has been violated through this service, please contact us for notice of claims of copyright infringement to firstname.lastname@example.org, or at Committed Photography Inc., by calling us at 1-888-909-9017.
5. YOUR CONTENT
You may NOT post or obtain any content using the Site which: Is threatening, obscene, pornographic or profane or any other material that could give rise to any civil or criminal liability under applicable law.
B. Content Monitoring
While we do not and cannot review all content provided to us, and are not responsible for such content, we reserve the right to delete, edit or rearrange content that we, in our sole discretion, deem abusive, defamatory, obscene or in violation of copyright or trademark laws or are otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by us for the purposes of delivering the offered services. All content provided by a user of this service is the sole responsibility of that user, not Committed Photography.
6. COMMITTED PHOTOGRAPHY’S REWARDS PROGRAM
Description. The Committed Photography’s rewards program (“CP Rewards”) is a program offered by Committed Photography that allows you to accumulate a dollar value (“CP Dollar”) and redeem them toward your purchase of Committed Photography’s products.
Duration of CP Rewards. Committed Photography can, at its discretion, terminate the CP Rewards program at any time, subject to ten (10) days' notice. You have until the day CP Rewards is terminated to redeem your accumulated CP Dollars. The CP Dollars become null and void on the day CP Rewards is terminated and cannot be redeemed after that day. Committed Photography can also, at its discretion and without notice, restrict, suspend, modify or otherwise amend CP Rewards in whole or in part. All modifications will be posted on our website. The CP Dollars are valid for a period of two (2) years starting the day they become available, unless Committed Photography has terminated CP Rewards before the end of this period, you have terminated your participation in the program, or your participation has been terminated by Committed Photography for whatever reason.
Redemption of CP Dollars. You can redeem your CP Dollar(s) during your purchase of Committed Photography Products. Each CP Dollar corresponds to one (1) dollar applicable to the regular price in effect at the time of the CP Dollar redemption, not including applicable taxes and delivery charges. Your CP Dollar(s) cannot be used to redeem or deduct any applicable taxes and delivery charges. The CP Dollar(s) has no monetary value and cannot be exchanged for cash. The CP Dollars can only be used in accordance with the present terms and conditions and you cannot sell, buy, give, transfer or otherwise dispose of your CP Dollars without Committed Photography’s prior written consent.
Limitation of liability. You agree that Committed Photography will not be liable for any tax consequences that may arise from your participation in the CP Rewards. You are responsible to declare any tax benefits.
A. Member expressly agrees that use of this Site is at his or her sole risk. Neither CommittedPhotography.ca, its affiliates, content providers, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of this website will be uninterrupted or error free; nor do they make any warranty as to the products, services, or results that may be obtained from use of this Site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through this Site.
C. The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other third parties or other users of the website and that the risk of injury from the forgoing rests entirely with each user.
D. In no event will we or any person or entity involved in creating, producing, administering or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or losses) arising out of the use of or inability to use this Site, our Services or products, or out of the breach of any warranty. You hereby acknowledge that the provision of this section shall apply to all content on this Site.
E. We neither endorse nor are responsible for the accuracy or reliability of any information on this Site. Under no circumstances will we be liable for any loss or damage caused a Member’s reliance on information obtained through the content on this Site or products and services through the content on this Site or products and services obtained through this Site.
F. We do not endorse, warrant, or guarantee any product or service offered by a third party through this Site and will not be a party to or in any way monitor any transaction between Member and third-party providers of products or services.
G. You specifically acknowledges that in no event will we, our affiliates, partners, and content providers, or any of our respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (a) the use by such Member of any browser owned or operated by any party and/or (b) the downloading of any files or software owned or operated by any third party in connection with the Service.
H. You agree that our liability along with our affiliates, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this Site or the information in this Site shall not exceed the amount you paid to us for use of this Site.
8. LIMITATION ON LIABILITY
Neither Committed Photography, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Site or the photographs or Products. If your purchase appears to be damaged from shipping or manufacturing defects, we ask that you contact us at 1-888-909-9017 and send us a picture of the damage. We strive to resolve the problem as best as we can.
9. YOUR INDEMNITY TO US
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by us, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Site, you agree to indemnify and hold Committed Photography, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable legal fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.
10. OWNERSHIP OF OUR SITE
All of the content (other than the photographs) on our Site, including without limitation, the graphics, design, and look and feel are owned by Committed Photography and are protected by Canada and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Site.
This Site contains hyperlinks to other websites operated by parties other than us, and other resources and advertisers. Such hyperlinks are provided for your reference only. Since we have no control over such sites and information, we are not responsible for the availability of these external sites nor are we responsible for any of the contents, advertising, products, or other materials on such external sites. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster. We are not responsible for the accuracy, legality, decency or copyright compliance of material contained in sites linked from this Site.
12. INTERNATIONAL USE
Our Site is hosted in Canada. We make no representation that materials on this site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations may do so on their own initiative and are responsible for compliance with local laws.
13. OTHER TERMS
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Website and these Terms, including the Online Terms of Purchase. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by us regarding the use of the Site or the use or purchase of the Products.
14. REVISION OF TERMS
We will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.
17. ENGLISH LANGUAGE
The parties have requested that these Terms and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.