Your use and access of this website indicates that you accept these Terms and Conditions. If you do not agree, do not use the website. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic program, algorithm or methodology, or any similar or equivalent manual process, to access or copy or monitor any portion of the website.
1. Ownership and Property RightsExcept as expressly provided in these Terms and Conditions, no part of the website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Photoatm’s express prior written consent.
You are authorized to download and share unlimited copies of your designs for your personal or commercial use, provided that you maintain the copyright and other notices contained in that content.
3. Third Party websitesIn the course of your use of the website, you may be redirected to third party websites. We have no responsibility for the content or information provided by or through third party websites even if they are affiliates of ours.
Linking to third party websites does not imply our endorsement of that web website. We disclaim any liability for links to another website.
4. Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHOTOATM, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF PHOTOATM BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THE WEBSITE OR WITH ANY DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, OR SERVICES OBTAINED THROUGH THE WEBSITE, EVEN IF Photoatm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the foregoing, Photoatm is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, Photoatm’s sole liability to you shall in no event exceed the greater of (a) the total amount of any subscription fees with respect to any service or feature of or on the website paid in the six (6) months prior to the date of the initial claim made against Photoatm, or (b) or US Dollars ($10.00 USD).
5. IndemnityYou agree to indemnify and hold harmless Photoatm and its subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the website (including your use or misuse of any third party content); (ii) your breach or other violation of these Terms and Conditions including any representations, warranties and covenants herein; (iii) your violation of the rights of any other person or entity, including, but not limited to claims that any user content infringes or violates any third party intellectual property rights.
6. Exclusion of WarrantiesThe website, Photoatm content, or any other product, service or information provided by Photoatm, user content, third-party content, and any other software, services or applications made available in conjunction with or through the website, are provided on an "as is", "as available", "with all faults" basis without representations or warranties of any kind, either express, implied, or statutory, including, but not limited to, in terms of correctness, accuracy, reliability, or otherwise.
To the fullest extent permissible by applicable law, Photoatm hereby disclaims all warranties of any kind, either express or implied, including, any warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing, with respect to the products or services provided by Photoatm.
7. NoticesPhotoatm may provide you with notices by e-mail. You can opt-out of these communications at any time.
8. Fees & PaymentsPremium products and services are offered on Photoatm. By selecting a premium account option, you agree to pay Photoatm the monthly or annual subscription fees for that service. Payments are charged on the day you sign up and will continue on a recurring basis until you cancel.
To be eligible for a refund, you must contact Photoatm’s support within thirty (30) days of signing up for a premium service.
9. Governing LawThis agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms and Conditions or its formation shall be governed by and construed in accordance with laws of the Province of Ontario and the federal laws of Canada applicable therein.
10. Modification of the TermsPhotoatm reserves the right to update or modify the Terms and Conditions at any time without prior notice, and such changes will be effective immediately upon being posted on the website. These Terms and Conditions will identify the date of last update. In the case of material changes to the Terms and Conditions, Photoatm will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the website, or other similar mechanism.
11. Dispute ResolutionIn the event of any controversy or dispute between Photoatm and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator will be appointed by agreement between the parties or, in default of agreement, such arbitrator will be appointed by an Ontario Judge of The Superior Court of Justice upon application of any of the said parties. A Judge of The Superior Court of Ontario shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Ottawa, Ontario. The procedure to be followed will be agreed by the parties or, in default of agreement, determined by the arbitrator. The arbitration will proceed in accordance with the provisions of Arbitration Act, 1991 (Ontario). The arbitrator will have the power to proceed with the arbitration and to deliver the award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Nothing in this section will prevent either party from seeking injunctive relief from a court of competent jurisdiction.
12. MiscellaneousIf any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions so that these Terms and Conditions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and Photoatm with regard to your use of the website, and any and all other written or oral agreements or understandings previously existing between you and Photoatm with respect to such use are hereby superseded and cancelled.