Terms & Conditions
WEBSITE TERMS AND CONDITIONS OF USE
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “LICENSEE”) AND CAN STOCK PHOTO INC., DBA CAN STOCK PHOTO (“COMPANY”). BY ACCESSING THIS SITE, DOWNLOADING ANY CONTENT, OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
By using the website www.canstockphoto.com (“Site”), you represent that you are over eighteen (18) and have the authority and right to agree to these terms. If you are accessing this Site on behalf of any entity, you further represent and warrant that you are authorized to accept these terms on such entity's behalf, and that such entity agrees to indemnify Company for violations of these Site terms. Company reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. Your continued use of the Site constitutes your agreement to accept such modified terms, and your access and use of the Site is subject to the current Website Terms and Condition of Use. This Agreement is in addition to any License Agreement you may enter into with Company.
OWNERSHIP OF THIS SITE
This Site is owned and operated by Company. All elements of the
site, including the text, images, graphics, illustrations, audio,
video, illustrations, clip-art, maps, keywords, specifications and
other metadata, and foreign translations (“Content”) and
the general design are owned by Company or its Content suppliers and
are protected by copyright, trademark, trade dress, moral rights and
other Canadian and international laws or treaties relating to
intellectual property.
Unless otherwise specifically stated, the Content remains the property of Company, the Content supplier, the copyright holder, or owner of such Content. Except where specifically stated elsewhere on the Site or as otherwise provided by Company, you do not acquire any right, title, or interest in or to any Content.
TRADEMARKS
You may not use Company’s or any of its content suppliers,
trademarks or trade names, including “Canstockphoto” or
“Canstock”, without Company’s prior written consent.
In addition, the look and feel of the Site, including all elements of
the design is the service mark, trademark and/or trade dress of
Company and may not be copied, imitated or used, in whole or in part,
without our prior written permission. All other trademarks, registered
trademarks, product names and company names or logos mentioned in the
Site are the property of their respective owners. Reference to any
products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation by Company.
USE OF THIS SITE AND CONTENTS
This site and its Contents are intended for use by Company’s
customers. You may not use the Site for any purpose unrelated with
your business with Company. Unless you are a registered user, you may
only browse the Site and download watermarked images solely for Comp
Use. In using the Site, you represent and warrant that you
will comply with all applicable laws and regulations, including,
without limitation, those relating to the Internet, data, e-mail,
privacy, and the transmission of technical data exported from Canada
or the country in which you reside.
Prior to the use of any Content, you must obtain appropriate licenses from Company on behalf of the Content supplier and/or copyright owners. All rights not specifically granted to Licensee are reserved for the copyright supplier and the Content supplier.
Limited Comp Use License:
Provided you comply with the terms of this Agreement, Company grants
you a limited, nontransferable, nonexclusive license to download
selected Content onto your computer hard drive and to use the Content
and any derivative works or copies for internal use for evaluation
purposes (“Comp Use”) solely to determine if you wish to
request a non-comp use license. The Comp use license automatically
expires after sixty (60) days and Company reserves the right to
terminate the Comp Use License at any time. Company does not warrant
that Content used for Comp Use may be available for licensing for your
intended purpose. Other than the Comp Use, the Content may not
be used in any way, until an invoice granting usage rights is paid in
full. Upon termination, you and your employer must immediately stop
using the Content, delete the Content and all copies from all magnetic
media and destroy all other copies.
PROHIBITED USE OF SITE AND CONTENT
The following uses are prohibited, therefore, you may not:
- Remove, alter or change any copyright information or other notices or metadata associated with the Content;
- Download, copy, or re-transmit any or all of the Site or the Content without, or in violation of, a written license or agreement with Company;
- Use any data mining, robots or similar data and/or image gathering or extraction technology or algorithms to crawl, scrape or monitor the Site or seek information on Site Visitor’s or Company’s customers;
- Manipulate or otherwise display the Site or the Content by using framing or similar navigational technology;
- Circumvent any Site restrictions or measures to limit access to the Site;
- Register or attempt to register for any products or services offered by the Company if you are not authorized by the party to do so;
- Disclose, sell or trade any password to restricted areas of the Site s or allow any third party to have access to your password; and
- Interfere in any manner, whether technological or otherwise with the function of the Site or and services offered by Company.
TAKEDOWN NOTICE
Pursuant to applicable laws, the Company may terminate, in appropriate
circumstances and at the Company’s sole discretion, the account
of any party that infringes upon the intellectual property rights of
the Company or any of its Content suppliers.
If you believe that any Content or material on the Site infringes upon a copyright that you own or control, you may submit notice of such infringement by providing to our designated copyright agent a written notification containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (including the image number(s) of the material).
- Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company’s copyright agent designated to receive notification of claimed infringement:
Attn: Copyright Agent
Can Stock Photo Inc.
1096 Queen St, Unit 166
Halifax, NS B3H 2R9
Canada
Email: 
DATA PROTECTION
We collect certain information about you to enable us to do business
with you, and to improve service to you on our website. We reserve the
right to change our policy in the future, and the most current version
will be posted at www.canstockphoto.com/privacypolicy.
What information we collect and why we collect it:
- Your name, phone number, address, and email address ("Personal Information") are collected when you register with us. Upon registering, you are given the opportunity to purchase credits, subscriptions, and to create lightboxes, which will allow you to gather images you like and organize them by category or client. By registering with us, you consent to the use of your Personal Information as indicated in this policy.
- You may update your Personal Information at any time by going to "My Account".
- In addition to your Personal Information, your credit card information is collected at the time of purchase, which is necessary to complete payment to us. Your credit card information is transmitted through a secure connection, and stored in a secure location. Only authorized personnel have access to your credit card information.
- We collect information about the use of our website. We analyze this data to determine what is of interest to our customers, and thereby improve our service.
- We keep a record of your orders, your lightboxes, and other miscellaneous information. It is not accessible to unauthorized personnel.
Emails from Company:
- At the time of registration, we ask you for your email address so we can notify you of discounts and special offers. Some of these discounts can only be taken advantage of through the email you receive.
- If at any time you find that you are receiving any email from us that you do not want, please update your newsletter settings by going to your “Preferences” section, and you should no longer receive any emails of that type from us.
Sharing of Information:
- Company may disclose the Personal Information described above to companies in our corporate group; service providers such as retailers, online and offline advertisers, and companies who help market our products; carefully selected business partners; and others, such as non-profit organizations, and third parties when you direct us to share information about you. We reserve the right to change this policy in the future.
- Company may disclose that Licensee is a client of Company and may use Licensee’s name and logo in doing so.
Security of our Data:
- When you submit an order to Company, you may do so over a secure connection. Additionally, we store your credit card information in a secure location, which can be accessed only by authorized personnel.
- We take reasonable precautions to keep the information disclosed to us secure, however, we are not responsible for any breach of security or for any actions of any third party that received the information.
LINKS TO THIRD PARTY SITES
The linked sites are not under Company’s control and Company is not responsible for the Content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that Company provides the links to you only as a convenience and it not endorse the linked sites or their use or Content.
INDEMNITY
You agree to indemnify and hold Company, its directors, employees,
content providers, the copyright holder, agents and affiliates
harmless from any and all claims, liabilities, damages, costs and
expenses, including reasonable attorney's fees, arising out of or
related to the use of Content, any breach of this Site agreement, or
your violation of any rights of another.
GENERAL DISCLAIMERS
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND COMPANY
AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES
EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE
UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO
LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS
OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.
YOU, NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE COMPANY
CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM
INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR
DESTRUCTIVE PROPERTIES. YOU ARE RESONSIBLE FOR TAKING ALL
PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST
ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTURE OF YOUR
USE OF THE SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THIS SITE AND THE ACCURACY, ADEQUACY, COMPLETENESS, VALIDITY AND
QUALITY OF ANY IMAGE AND INFORMATION IS WITH YOU, THE USER. YOU MAY
HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES, CONTENT
SUPPLIERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS
CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT
LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON
ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'
RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE
USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY
FOR ACCESS OR USE OF THE SITE.
COMPANY 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 CONTENT, AND THE LICENSEE MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. COMPANY OR ITS CONTENT SUPPLIERS USED REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CAPTION, RELEASE, AND KEYWORDING INFORMATION OF THE CONTENT, BUT SHALL NOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION, RELEASE, OR KEYWORDING INFORMATION.
UNAUTHORIZED USE FEE
Any use of Company or its Content Supplier’s Content in a manner
not expressly authorized by this Agreement or in breach of a term of
this Agreement constitutes copyright infringement, entitling Company
to exercise all rights and remedies available to it under copyright
laws around the world. Licensee 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 Company other
remedies under this Agreement, Company reserves the right to charge
and Licensee agrees to pay a fee equal to five (5) times
Company’s normal license fee for use of the Content.
JURISDICTION AND ATTORNEY’S FEES
Any dispute regarding this Agreement shall be governed by the laws of
the Province of Nova Scotia and the federal laws of Canada applicable
therein. The parties agree to accept the exclusive jurisdiction of the
Courts in the Province of Nova Scotia, regardless of conflicts of
laws. This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the
application of which is expressly disclaimed. You agree that this
Agreement, as well as any other documents shall be written in the
English language. In any dispute between Company and you,
Company shall be entitled to recover its reasonable attorneys’
fees, legal expert fees, and other legal expenses from you.
MISCELLANEOUS
This Agreement (along with Company’s Privacy Policy and the End
User License Agreement) constitutes the entire agreement between the
parties with respect to the subject matter. No action of Company,
other than the express or written waiver or amendment, may be
construed as a waiver or amendment of this Agreement. This Agreement
shall not be modified except by a written agreement signed by duly
authorized representatives of Company, provided that no purchase order
or similar document issued by you shall modify this Agreement, even if
signed by Company. The parties agree that if any provisions are deemed
not enforceable, they shall be deemed modified to the extent necessary
to make them enforceable and in such manner as comes closest to the
intentions of the parties to this Agreement as is possible. This
Agreement will inure to the benefit of and be binding upon the
parties, their successors and assigns, except that you may not assign
or transfer this Agreement without Company’s prior written
consent.
© 2010 Can Stock Photo Inc. dba Can Stock Photo. All
rights reserved.
Revision date: September 30, 2010