Legal Description

Photohop is a custom, digital photo and fine art imaging center of excellence, specializing in providing individualized digital photo and fine art printing, and custom imaging services such as; colour and image enhancement, restoration, retouching and digital artistry eg. painting.

Photohop Digital Imaging Inc., was incorporated in the Province of Alberta, Canada on April 14, 2011, and is governed by the Alberta Business Corporations Act. Photohop.ca is a Copyright of Photohop Digital Imaging Inc.,and herein is referred to as Photohop.

Terms And Conditions

Welcome to the Photohop Online photo imaging service. We are committed to provide our valued clients with a safe, secure, easy to use on-line digital photo imaging service (the "Service"). Please review our terms and conditions (the "Terms") of participation carefully before you enter our site www.photohop.ca, (the "Site") and use our Services. The Terms and Conditions contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. These Terms are subject to change at any time without notice. The most recent version will be on this page. In case of discrepancies between these Terms and information included in any of our off-line material such as printed campaigns, signs and promotions, these Terms take precedence over all else. It is recommended that you visit this page often to check for the most current information.

By entering this Site:

• you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions and all applicable laws and regulations.
• you are at least 13 years of age and can submit requested information to Photohop, including your name, correct email and home address.

Acceptance of these Terms creates a binding contract between you and Photohop that you will use the Service only in a manner consistent with these Terms.

If you have questions about these Terms, please contact us. 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.

Customer Conduct

In the event Photohop requests you provide us with registration information, you will provide us with information that is true, accurate, current and complete. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which Photohop deems as prohibited content. Generally, prohibited content includes content or other material that is:

1. Abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
2. Comprises copyrighted material used without the express permission of the owner.
3. Violates or encroaches on the rights of others.
4. Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service.
5. Advocates illegal activity.
6. Harms anyone, including minors.
7. Provides a link to any of the above.

Photohop reserves the right to delete, move or edit materials for any reason, at any time without notice. Photohop has sole discretion over what is considered prohibited content on the Site. Conversely, by viewing the Site, you may be exposed to content that you consider to be offensive. You take sole responsibility for such exposure. Photohop makes no guarantee whatsoever regarding the accuracy, quality or appropriateness of content available on the Site.

Content on our Site

Our Site includes a combination of content created by Photohop, our photographers, our users and other customers. All materials published on our Site including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and animation, are protected by our copyrights or trademarks or those of our photographers or partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, except as permitted in a separate signed or online agreement with you.

Our Site contains content that we create as well as content provided by third parties. This content may include, among other things, company information and product or service information or reviews. It may also include information about products and services offered by parties other than Photohop such as product/service descriptions, offerings, store locations, coupons, and promotions. We do not guarantee the accuracy, the integrity, the completeness, or the quality of the content on our Site and you may rely on any of this content only at your own risk. Without limitation, we are not responsible for postings by users in any user opinion, message board, or feedback sections of our Site. Although we take measures to control the content on our site, you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

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 Links

The Site may contain links to other sites, including among others those companies whose trademarks appear on the Site. We are not responsible for the information collection practices or the content of the sites to which we link.

Third Party Software

As a convenience to our clientele, Photohop 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. Photohop 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. Photohop 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.

Copyright

The Service is protected by Canadian and international copyright laws and by other applicable laws. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. If you are not the author/owner of the submission, you may not submit any content without the written consent of the owner of such content. Please refer to the section on Canadian Copyright for more information

If you place an order on our site or submit an image for pre-order review, you retain any copyrights you own to the photographs and artwork that constitute your submission. Unless you specifically grant us permission to do otherwise, submissions made related to the order process will not be used for any purpose other than to fulfill your order. As a condition to your participation, you hereby grant Photohop a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your content, for the purpose of providing the Service. As a condition to participation, you represent and warrant to Photohop that you either own your content or have written permission from the copyright owner, including all appropriate model releases to make such content available to the Service and that such submission will not violate any third party rights whatsoever.

Marketing Material

From time-to-time Photohop may request your permission to use your submission for its own marketing purposes. In the event that you grant Photohop and its affiliates permission to use your submissions for marketing purposes, you willingly agree to a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your submissions and any related copyrights, moral rights or other intellectual property rights therein, without any compensation whatsoever to you or any third party.

Price and Payment Terms

Your total price for the products will be stated on your estimate or purchase receipt. Payment for products and/or services must be made by credit card (Visa, MasterCard or American Express). Orders are not binding upon Photohop until accepted by Photohop. Any price quotations given by Photohop will be valid for a period of 30 days from the date it was created, with the exception that Photohop reserves the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added. Photohop reserves the right to adjust prices as deemed necessary for any reason whatsoever and without prior notice.

Ordering

Orders are filled on a first-come, first-served basis. A credit card authorization will be processed upon placing your order.

Shipping /Title and Returns

For further information see our Ordering and Payment Policy

Indemnity

You will indemnify, defend and hold harmless Photohop, including its officers, directors, employees, affiliates, licensors, suppliers, information providers, and agents (collectively " Photohop 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.

Limited Warranty

(A) No Liability for Content. In no event will Photohop or Photohop 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. Photohop warrants only that photographic materials provided will be returned to you in the condition that they were received. However, once in transit, title to the products passes to you upon delivery to the carrier. Photohop will not be held liable should your physical prints, or negatives, or slides become damaged or lost while in transit. Photohop’s sole obligation, and your sole and exclusive remedy, will be for Photohop to either (i) refund the full amount of the purchase price of such negatives. slides or prints, or (ii) reprint the photos at no extra cost.

(C) Disclaimer. Except for the above express limited warranty, to the extent permitted under applicable law, Photohop and Photohop 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. Photohop 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. Photohop 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, Photohop 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.

Termination

Should conduct violate these Terms or other policies or guidelines set forth by Photohop elsewhere on the Site; and should Photohop believe such conduct is harmful to other Photohop users, or the business of Photohop, in our sole discretion at any time and for any reason without giving you any prior notice, Photohop reserves the right to take any of the following actions:

• Restrict, suspend, or terminate your access to all or any part of our Services;
• Change, suspend, or discontinue all or any part of our Services;
• Refuse, move, or remove any material that you submit to our Site for any reason;
• Refuse, move, or remove any content that is available on our Site;
• Deactivate or delete your accounts and all related information and files in your account;
• Establish general practices and limits concerning use of our Site.
• Failure to continue active participation (at least one purchase per 365 days) in the Service.

Photohop will not be liable to you or any third-party for any termination of your access to the Service.

Choice of Law

The Federal and Provincial Courts of Alberta 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 Alberta.

Modification of Terms

Photohop 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 Photohop will be prospective only.

Entire Agreement

These Terms constitute the entire agreement between you and Photohop 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 Photohop Affiliate services, third-party content, or third-party software.

The failure of Photohop 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.

Privacy And The Information We Collect

It is our policy to respect your privacy and to protect your information that is collected or submitted on this Site. There are several types of information that we might collect on the Site. In some incidences, you can voluntarily provide personally identifiable information such as your name, postal address, e-mail address and phone number when you contact us with an order regarding inquiries, request or suggestion, feedback on our products, participation in a marketing program, or register to receive promotional materials. When you make a purchase, in addition to the personally identifiable information collected as listed above, we will require financial and billing information (credit card numbers, credit card expiration dates, billing address, etc.) and user profile and preferences information. It's important to note that we do not retain, share or store financial and billing information beyond the scope and necessity of fulfilling your transactions. Nor do we knowingly collect personally identifiable information from visitors to the Site who are under thirteen years of age. If you are interested in applying for a job at Photohop.ca, we may collect and retain the information as outlined on your resume.

The Way We Use Information

Except as disclosed in this notice, we do not sell or disclose your personally identifiable information to third parties. We may access, use or disclose your personally identifiable information to operate, maintain, service or improve the Site; provide targeted e-mails, surveys, or promotional offers to you; analyze the Site to make it more effective; or for other general internal business purposes.

In connection with the purchases made using the Site, we will use the information collected to improve the way we process your transactions, and to review your purchase history. Financial information (credit card numbers and credit card expiration) is not used for any other purpose than billing and is not stored by Photohop.

From time-to-time, we may use third party contractors to help us operate our business and the Site or administer activities on our behalf, such as authorize credit card transactions. We may share your personally identifiable information with these contractors for those limited purposes.

We may use non-identifying and aggregate information about the Site and its users for internal purposes and we may share it with third parties to illustrate trends and user demographics.

If Photohop is sold to, or merges with another company, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. We may also disclose your information when we determine it is necessary to comply with applicable laws or protect the interests or safety of Photohop, or other visitors to the Site.

Security

In connection with purchases you make at the Site, your personally identifiable and financial information are encrypted using SSL (Secure Socket Layer) encryption technology before being sent over the Internet. This is industry standard technology designed to protect the security of your information.

Reporting Violations

You can contact us to report abuse of these Terms and Conditions.