|
|
Please read the following Terms of Use and Conditions before using the LightBoxEditPro
(LBEP) application. These Terms and Conditions govern your use of the LightBoxEditPro
site. Any violation of these Terms and Conditions may result in termination of the
service. Use of the LBEP site constitutes acceptance of these Terms and Conditions.
LightBoxEditPro, Inc. reserves the right to change these Terms and Conditions periodically.
- Any pornographic or obscene images or any other images that could give rise to any
civil or criminal liability under applicable law.
- Any images that could infringe on rights of copyright, privacy or publicity or without
the permission of the owner of these rights and the persons (or their parents or
legal guardians, where applicable) who are shown in the images.
- Any images sent from false or anonymous addresses.
- LightBoxEditPro is not responsible for the content of images viewed or placed on
the site, LBEP reserves the right to delete images that it, in its sole discretion,
deems abusive, defamatory, obscene, or in violation of copyright or trademark laws
or otherwise unacceptable. LBEP may request confirmation of the copyright or trademark
ownership from the submitter. If LBEP does not receive such confirmation or if there
are continued claims of copyright or trademark infringement, LBEP reserves the right
to share certain account information with governmental organizations or other third
parties. If you dispute any copyright or trademark infringement claims, LBEP will
share with you the contact information of any party claiming any such infringement.
In the event of any such dispute, LBEP reserves the right to suspend the display,
viewing or sharing of any submissions until the issue has been resolved.
- LBEP is committed to protecting copyrights of all images. Each submitter is required
by their applicable law to own the right or to obtain permission to use any image
before the image is uploaded or used on the LBEP site.
- Linking directly to images on LBEP servers from any external site is expressly prohibited.
LBEP's site and software is exclusively for the use of LBEP license holders, approved
users, and invited user guests. LBEP license holders, approved users, and invited
user guests agree not to:
- make error corrections to or otherwise modify or adapt the LBEP system or software
or create derivative works based on the system or software or permit third parties
to do the same; or
- decompile, decrypt, reverse engineer, disassemble or otherwise reduce the LBEP system
or software to human readable form to gain access to trade secrets or confidential
information from the system or software.
For purposes of these Terms and Conditions, the LBEP website LBEP software shall
include any upgrades, bug fixes, or LBEP modified versions (collectively, "upgrades")
of the system or software provided for the use of LBEP license holders, approved
users, and invited user guests.
From time to time LBEP will need to access clients accounts:
- To maintain our services; to optimize our service through bug fixes and upgrades;
and to add new features.
- To follow a court order, subpoena, complaint, or a lawful request from government
authorities.
- To assist clients who have forgotten their passwords or for any other requested
site maintenance.
- Additionally, LBEP reserves the right to close accounts set up for fraudulent or
illegal purposes.
LBEP's Privacy Policy.
- LBEP is dedicated to protecting the privacy of clients personal information and
their images. By using LBEP's service, you are agreeing to the terms of this privacy
policy.
- LBEP is a password protected service. Clients are advised to use passwords that
are not obvious such as the names of spouses, children, or pets.
- Personal information such as passwords and credit card information is protected
by Secure Socket layers (SSLs), which encrypt pages when collecting sensitive information.
This measure is designed to guard against interception of this information while
it is on the internet.
- Clients or designated site administrators or Upload Centers control who may view
images on a LBEP site. Access to various key features, such as the ability to download
images, is permission controlled by the client and/or designated site administrator
or Upload Center.
DISCLAIMER OF WARRANTIES: To the fullest extent permitted by applicable law, LBEP
expressly disclaims all warranties and conditions of any kind, whether express or
implied, including, but not limited to, fitness for a particular purpose and infringement.
LBEP makes no warranty that its internet site or the sites of any of LBEP's users
or LBEP's software or services will be uninterrupted, timely, or error free, or
that its site or its servers or the servers of its upload centers or server farms
are free of viruses or other harmful components. LBEP will provide its best efforts
to maintain secure internet systems and software in design, programming, and the
use of the SSL security system where it deems appropriate. However, LBEP offers
no warranty of security. LBEP is not offering a service to store, preserve or archive
digital files, images or documents. Users are responsible for archiving and backing
up their files, LBEP accepts no responsibility in archiving or backing up user files.
INDEMNITY AND LIABILITY: You agree to indemnify and hold LBEP and its officers,
co-branders, other partners and employees harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of:
(a) your User Materials and any other content (e.g. computer viruses) that you may
submit, post to or transmit through the Site (including a third party's use of such
User Materials or content (e.g. reliance on the accuracy, completeness or usefulness
of your User Materials)); (b) your access to or use of the Site, Services or Materials
(including any use by your employees, contractors or agents and all uses of your
account numbers, user names and passwords, whether or not actually or expressly
authorized by you, in connection with the Site or any Services or Materials); (c)
your connection to the Site, Services or Materials; (d) your violation of the Terms
of Use; (e) the actions of any member of your Work Group; (f) your infringement
of any third party's Intellectual Property Rights when using any of the Software
made available on the Site, Services or in any Materials; (g) your violation of
any rights of any third party; (h) your access to or use of Linked Sites and your
connections thereto; or (i) any dealings between you and any third parties advertising
or promoting via the Site, Services or Materials.
GOVERNING LAW AND JURISDICTION: This Site (excluding linked sites) is controlled
by LBEP from its offices within the province of Ontario, Canada. By accessing this
Site, you agree that all matters relating to your access to, or use of, this Site
shall be governed by the statutes and laws of the province of Ontario, without regard
to the conflicts of laws principles thereof.
LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, under
no circumstances shall LBEP be liable for any incidental, indirect, or special or
consequential or punitive damages, including, but not limited to, damages for loss
of revenue, profits, use, data or other intangibles, even if LBEP has been advised
of the possibility of such damages and regardless of the theory of liability, that
result from the use or inability to use LBEP's site, the sites of any user, or LBEP
software, or from unauthorized access to or alteration of your transmissions or
data.
We are committed to maintaining the LightboxEditPro software in optimum operational
condition. The system will be continually upgraded with new features and efficiencies.
It will also be monitored for system bugs which, should any occur, will be fixed
as soon as possible. We encourage users to communicate any problems, questions,
and/or suggestions via the tech support email. Every email received will be read
as soon as possible and, if appropriate, written responses will follow shortly thereafter.
In addition, the lightboxeditpro.com system runs on a proven secure high quality
server and high speed communications system whose functioning is consistently monitored.
It is our stated commitment to keep the software and server system operating 24/7,
twenty-four hours a day seven days a week. Users will be issued refunds for any
month in which the system does not function for a total of five (5) days. There
are no other guarantees or refunds.
Users may cancel their subscription at any time. The user will be billed until the end of the month in which they cancel.
Pricing is available on the LBEP site. Pricing is subject to change without notice. Services will be delivered within 48 hours of an approved application.
LightboxeditPro Inc. 11 Carlaw Avenue, Unit 6, Toronto, Ontario, M4M 2R6, Canada
T - 416.461.6107 F – 416.461.6915
|