Terms of Use

Your submissions

You may submit, physically or electronically, certain material to PhotoWizard, including without limitation, photographic images, as part of your use of the Service ("Submissions").
Under these Terms, you agree that you will NOT submit, physically or electronically, any of the following material to PhotoWizard:

• Any threatening, defamatory, abusive, obscene, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. PhotoWizard recommends you use an "adult-content" warning label when images are being submitted that include legal adult content;
• Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights 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 material if applicable;
• Any material sent from an anonymous or false address;
• Any material that promotes bigotry, racism, hatred or harm against any individual or group.

While PhotoWizard is not responsible for, and does not comment on, the content of Submissions provided by PhotoWizard users, PhotoWizard reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that PhotoWizard deems necessary relating to use or misuse of the Service. PhotoWizard may request confirmation of the copyright or trademark ownership from the submitter. If PhotoWizard does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, PhotoWizard reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter's account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, PhotoWizard reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to PhotoWizard a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.

Your physical or electronic delivery of your images to PhotoWizard constitutes permission for PhotoWizard to perform image editing services on your images. PhotoWizard will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

Copyright notice

PhotoWizard is committed to protecting photographers' copyrights and expects users of the Service to do the same. Each image submitter is required by law to own the right to, or to obtain permission to, use and alter any image before the image is delivered, physically or electronically, to PhotoWizard. At PhotoWizard's discretion and in appropriate circumstances, PhotoWizard may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

Customer Service
ATTN: Copyright Protection
PhotoWizard
250 - 970 Homer Street
Vancouver, BC
Canada V6B 2W7

Fax: (604)605-0052
Email: copyright@PhotoWizard.com

Age requirements

You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

About your account

Your account with PhotoWizard is available for your personal or commercial use.

Linking directly to images on PhotoWizard's servers from external sites is expressly prohibited. We need to be able to access your account for the following reasons:
• To remind you of your password if you forget it; if this becomes necessary, we will send you an email upon your request to the address from which you opened your account;
• To maintain our Service to you and develop new and useful features and services;
• To follow a court order, subpoena, complaint or a lawful request from governmental authorities;
• To close accounts that are deemed to have been set up for fraudulent or unlawful purposes.

Canceling the service

If you violate any of these Terms, your permission to use the Service will terminate immediately. PhotoWizard reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.

Third-party links

We may provide links to third-party sites that might be of interest to you, however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that PhotoWizard is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by PhotoWizard of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

Copyrighted material and software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both Canada and foreign countries. You may not copy or distribute such material. You may use these materials to access, review, and purchase the Service, subject to the restrictions set forth in these Terms.

All right, title and interest in and to the PhotoWizard site and Service is and will remain the exclusive property of PhotoWizard and its licensors. The site and Service are protected by copyright, trademark and other laws of both Canada and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.

Privacy policy

When you submit images to PhotoWizard, you will need to provide some personal information, such as your name, email address, mailing address, and payment details. We protect and use this information as set forth in our Privacy Policy.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the provincial and federal laws of the province of British Columbia, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of Vancouver, Canada.

Disclaimer of warranties

THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH PHOTOWIZARD'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOTOWIZARD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOTOWIZARD MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOWIZARD MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH PHOTOWIZARD'S SITE OR ADVERTISED THROUGH PHOTOWIZARD'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHOTOWIZARD OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Customer Policy for Idea Submission

Many of our customers are interested in submitting ideas for products and services to be used at PhotoWizard, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission: Unsolicited ideas submitted to PhotoWizard or any of its employees automatically become the property of PhotoWizard. By submitting unsolicited ideas to PhotoWizard you automatically forfeit your right to the intellectual property of these ideas. If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to PhotoWizard or its employees.

Instead:

Send a message to ideasubmission@PhotoWizard.com and describe ONLY the general application.

If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by PhotoWizard in order to evaluate your concept(s).