Terms of Service

The Canadian Photography Co. Terms of Service

THE FOLLOWING TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU, YOUR EMPLOYER, YOUR COMPANY OR OTHER ENTITY ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“You”) AND THE CANADIAN PHOTOGRAPHY CO. (“The Canadian Photography Co.”), setting forth the rights and obligations with respect to any Content licenced by you. By agreeing to the Terms of Service, you agree that these terms control your rights and obligations with respect to all Content licence set forth herein, notwithstanding the subscription or licence you may be purchasing today. Please revisit these Terms of Service when you purchase any Content.

  1. Definitions
  • “Content” means photographs, vectors, drawings, cinemagraphs, illustrations, fonts, graphics and any other such digital material featured on the Canadian Photography Co. website and that has been selected and identified on the Invoice
  • “Footage” means any moving Content, animations, films, videos or other audio/visual representations, excluding still Content, recorded in any format that are available for licence from The Canadian Photography Co. website.
  • “Image(s)” means photographs, vectors, drawings, cinemagraphs, and the like available for licence from The Canadian Photography Co. website.
  • “Terms” Means the terms of service set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.
  • “Contributor” Means the owner of the copyright in the Content or their agent(s) who have submitted the Content to The Canadian Photography Co.
  • “Invoice” Means the computer-generated or pre-printed invoice provided by The Canadian Photography Co. that may include, without limitation, details of the Content selected, any limitations on the Licence in addition to those specified herein, the key terms of the Licence and the corresponding price for the Licence. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.
  • “Licence” Means the non-exclusive (unless otherwise stated in the Invoice) non-sub-licensable right The Canadian Photography Co. grants to you to use the Content.
  • ”Reproduction” Includes any form of copying or publication of the whole or part of any Content whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Content (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting content may not appear to a reasonable person to be derived from the original Content.
  • “Release” Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Content.
  • “Licence Fee” Means any sum or sums payable to The Canadian Photography Co. by you in respect of the Licence.
  • “Non-Exclusive Right” means you do not have exclusive rights to use the content. The Canadian Photography Co. can licence the same content to other customers.
  • “Comp Use” means content that is copied, modified and incorporated in materials for sample use including comprehensive layouts.
  • “Model” means any person depicted in Content.
  1. Ownership of the Website
  • This website is owned and operated by The Canadian Photography Co., operating as The Canadian Photography Co. a company registered in Canada. All aspects of the website, including the Content and design are protected by copyright. These images are protected by Canadian, United States and other international copyright laws and have been digitally watermarked for the protection of our Contributors.
  • The Canadian Photography Co. may revise and update these Terms of Service at anytime and without notice. You are cautioned to review these Terms of Service posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
  1. General use of Website and Content
  • The photographs, images, illustrations, fonts, graphics and any other such digital material featured on our website are collectively referred to as “Content”. The Content is available on this website for you to review in order for you to determine their viability for using, reproducing, transmitting or displaying under a licence from The Canadian Photography Co. You must obtain a licence from The Canadian Photography Co. before you can reproduce, display, transmit, distribute or otherwise exploit Content, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of Content.
  • Website. While using the website, you shall not interfere with the security of, or otherwise abuse the website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
  1. Licence Agreement
  • You may not use any The Canadian Photography Co. Content for any purpose without first obtaining a licence to use such The Canadian Photography Co. Content. Any use of The Canadian Photography Co. Content by you shall be governed by the applicable Licence Agreement separately entered into between you and The Canadian Photography Co. Displaying and/or distributing to the public any watermarked or unlicenced The Canadian Photography Co. Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
  1. Contributing Content
  • For any image, footage, text, audio, or any other Content that you upload or post to the website (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the website and grant the licences set forth herein; (ii) The Canadian Photography Co. will not need to obtain licences from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Service and all applicable laws.
  1. Rights Granted, Uploaded Content
  • You grant The Canadian Photography Co. a limited, worldwide, non-exclusive, royalty-free licence and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Content for the purpose of allowing you to edit and display your Content using the website and archiving or preserving your Content for disputes, legal proceedings, or investigations. The above licences will continue unless and until you remove your Content from the website, in which case the licences will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the licence for legal archival/preservation purposes will continue indefinitely.
  • You may not upload, post, or transmit any video, image, text, audio recording, or other Content that:
  • Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
  • Contains any pornographic, defamatory, or otherwise unlawful or immoral Content.
  • Exploits minors;
  • Depicts unlawful or violent acts;
  • Depicts animal cruelty or violence towards animals;
  • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
  • Violates any law, statute, or regulation.
  1. Representations and Warranties
  • THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
  • While The Canadian Photography Co. uses reasonable efforts to ensure the accuracy of all Content, it makes no representations or warranties as to the accuracy, correctness or reliability of the Content. In addition, The Canadian Photography Co. is unable to make representations or warranties as to the functionality of this website, whether it is free of errors, and whether the server hosting the website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this website is at your own risk. The Canadian Photography Co., and its officers, directors, employees, affiliates, licensors and representatives, will not 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 website or the Content.
  1. Indemnification
  • In the event that you reproduce, display, transmit, distribute or otherwise exploit Content, or any portion thereof, without a Licence from The Canadian Photography Co. to do so, or if you otherwise infringe any intellectual property rights relating to Content and to this website, you agree to indemnify and hold The Canadian Photography Co., it’s affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys fees, incurred by them as a result of unauthorized use of the Content and/or your breach of this terms of this Agreement.
  1. General Disclaimers
  • The Canadian Photography Co. GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND YOU MUST SATISFY YOURSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. While The Canadian Photography Co. makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Content designated “Editorial Use Only”, The Canadian Photography Co. MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; II) AUDIO IN FOOTAGE; OR III) CONTENT DESIGNATED “EDITORIAL USE ONLY”. For the sake of clarity, The Canadian Photography Co. will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Content designated Editorial Use Only.
  • NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY The Canadian Photography Co.
  • DIGITAL FILES ARE PROVIDED “AS IS.” The Canadian Photography Co. MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS WEBSITE IS AT YOUR OWN RISK.
  1. Limitation of Liability
  • UNDER NO CIRCUMSTANCES WILL The Canadian Photography Co. OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THE WEBSITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THE WEBSITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND The Canadian Photography Co. SHALL BE THE FIVE TIMES FEE PAID FOR THE IMAGE TO The Canadian Photography Co.
  1. Unauthorized use and Retroactive Licence Fee
  • Any use of Content in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling The Canadian Photography Co. to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition, and without prejudice to The Canadian Photography Co. or other remedies under this Agreement, The Canadian Photography Co. reserves the right to charge and You agree to pay a fee equal to ten times The Canadian Photography Co. normal licence fee for use of the Content.
  1. Links
  • We may provide links from www.thecanadianphotographyco.com website to other websites that may be of interest to you. Since The Canadian Photography Co. has no control over these other websites, we cannot be responsible for either the availability of any linked websites or any Content contained therein. Our links to other websites do not constitute an endorsement and are available for convenience only.
  1. Privacy Policies
  • While you will be asked to provide certain information about yourself in connection with licensing reproduction rights to our images, we will only use this information in granting licences to you. The Canadian Photography Co. will use and protect your personal information, such as your name and address, in accordance with the The Canadian Photography Co. Privacy Policy, the Contents of which are incorporated by reference into these Terms of Service.
  • We may also send you by email or otherwise information about new products, services or other promotions which may be of interest to you. If you do not wish to receive this information, you may either modify your registration or account profile or contact us at info@thecanadianphotographyco.com.
  • The Canadian Photography Co. will not share any information you provide us with anyone other than The Canadian Photography Co. affiliates, as a part of a merger, sale or acquisition, in the event of an insolvency, bankruptcy or receivership or other legal proceeding, and as may be necessary for payment processing with third party payment processers. You can click here for full details of our Privacy Policy.
  1. Information You Provide
  • The Canadian Photography Co. (or third parties acting on its behalf) may collect information related to your use of the website. Third-party platforms through which you access the website may collect information related to your use of such third-party platform and make such information available to The Canadian Photography Co. subject to your agreement with the applicable third-party platform. The Canadian Photography Co.’s collection and use of all such information shall at all times conform to these Terms of Service, The Canadian Photography Co. Privacy Policy, and applicable law.
  1. Termination
  • The Canadian Photography Co. reserves the right to terminate any licence issued by it without notice if you fail to comply with any provision of these Terms of Service or any licence agreement issued by The Canadian Photography Co. Upon termination, you must immediately stop using the Content, delete the Content and all copies from all magnetic media and destroy all other copies. The Canadian Photography Co. reserves the right to discontinue the use of any Content for any reason and elect to replace the Content with an alternate Image. Upon notice of any discontinuance of the use of a particular Content, you agree not to use the Content in the future.
  1. Pricing
  • Pricing is subject to change, without notice and customer must review pricing regularly to ensure they are kept up to date. The Canadian Photography Co. reserves the right to make adjustments due to changing market conditions, errors in advertisements and other extenuating circumstances.
  1. Return Policy
  • All rights managed Content downloaded from the website are non-returnable. All sales of these items are final.
  1. Other Terms
  • These Terms of Service and any dispute arising from or in relation to these terms shall be governed by, construed, interpreted and enforced in accordance with the laws of the Province of British Columbia and the applicable laws of Canada ( excluding the application of its conflicts of law rulers), and the parties submit to the non-exclusive jurisdiction of the Superior Court of Justice in the Province of British Columbia or the Federal Court of Canada, for the purpose of all legal actions arising out of or relating to this Agreement; except in the case of copyright infringements that occur in the United States, this Agreement will be governed by, construed, interpreted and enforced in accordance with U.S. federal law ( Excluding the application of its conflicts of law rules), and the parties unconditionally agree that any action relating to copyright infringement in the United States will be filled in the applicable U.S. Federal District Court.
  • If The Canadian Photography Co. is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by you.
  • This agreement is not assignable or transferable on the part of the you.
  • No action of The Canadian Photography Co., other than express written waiver, may be construed as a waiver of any provision of this Agreement.
  1. Entire Agreement
  • These Terms of Service, the Licence Agreement and the Invoice contains all the terms of the agreement between The Canadian Photography Co. and You and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by you, your Invoice or otherwise these Terms of Service shall take precedence.
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