IPC Imagine Photo Communication inc.

TERMS OF SERVICE

IPC IMAGINE PHOTO COMMUNICATION INC., OPTION PHOTO C.R. INC. AND CREATION PUBLI-WEB INC. (COLLECTIVELY AND INDIVIDUALLY THE “SERVICE PROVIDERS”) ARE PLEASED TO OFFER THIS ONLINE SERVICE FOR YOUR PERSONAL NON-COMMERCIAL USE.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB SITE (THE " SITE") AND THE SERVICES AND GOODS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE (COLLECTIVELY, THE "SERVICE"). IT EXEMPTS THE SERVICE PROVIDERS AND OTHERS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE SITE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE SERVICE, YOU MAY NOT USE THE SERVICE.

EACH TIME YOU USE THE SERVICE, THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SERVICE, YOU SHOULD CHECK THE EFFECTIVE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND, IF THE AGREEMENT HAS BEEN REVISED SINCE YOUR LAST VISIT TO THE SITE, REVIEW THIS NEW VERSION OF THE AGREEMENT.

Privacy & Security

The Service Providers value our relationship with each of our customers and the trust you place with us, particularly when you provide personal information to us online. We work very hard to protect the security and privacy of any personal information you provide on the Site. Your personal information will only be used as described below.

We consider personal information to include your name, address, phone number, email address, credit-card information and any other personal information that can be linked to you.

The Service Providers will not sell or rent your personal information to anyone for any reason. Any personal information you provide to us will only be used by us as part of our ongoing efforts to provide you with superior service and selection.

Security of your personal information

The security of your personal information is very important to us. For certain types of online transactions, such as photofinishing orders, we use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it is sent over the Internet. The encryption process protects your information, such as phone number, billing and shipping information by scrambling it before it is sent to us from your computer.

For other types of online transactions, and in particular those that involve providing personal financial information such as credit cards, the Service Providers use a digital certificate from Verisign, Inc., a leading provider of Internet trust services. When you enter a secured portion of our Site, an image of a closed lock or a solid key should appear in the bottom bar of your browser window. If you click on this image, a small popup window displaying site-security information will appear. This certificate guarantees that your personal information is being transmitted in secure (encrypted) form to our web server, not to some unknown or unauthorized server.

What personal information we collect

The features on this Site and the nature of personal information we may ask you to provide may change from time to time, however we will only ever collect personal information that you choose to voluntarily provide to us for a specified purpose when using the Site.

Why we collect and how we use your personal information

We collect personal information in order to enhance your shopping experience and to improve the services, value and benefits we can provide to you.

We do not use or disclose personal information for reasons other than the specific purpose for which it was originally provided or consented to. Here are some examples of how we may use your personal information:

We may use your email address, or if requested your telephone number or address, to respond to your communications, questions, suggestions and/or requests for assistance in using our Site through the Help Desk or otherwise.

We may ask for personal information when you contact our Help Desk to help us identify you if appropriate; for example, if you have questions as to the status of an order you have placed with us.

We may ask for personal information to facilitate transactions or orders you have or would like to place with clients (“Clients” – that is, those entities for which our Services are offered to you as our customer). Depending on the payment/pick-up options you choose we may provide your personal information to Clients in order for your transaction or order to be processed.

You may from time to time be given an option to receive communications from our Clients concerning things such as new products, featured merchandise, health news, newsletters or special offers. If you choose to receive them, Clients may periodically mail or email to you messages or material of the nature you have requested to receive. In all such cases, you will be able upon request to stop receiving such communications at any time.

Photo Finishing information

We collect personal information from customers who wish to use the Service Providers’ online photo processing application via our Clients’ web sites to store, upload, download, view and share and order photos. In order to purchase product we will ask you to provide certain personal information including email address, postal address, telephone number. This information enables us to ensure that your goods are shipped to the right address and to contact you should there be an issue with your order. To reduce the risk of fraud or misuse of personal information, the Service Providers will also verify your personal information, including but not limited to your address and credit card information, with third party service providers.

Cookies and other computer information

When you visit the Site, you will be assigned a permanent "cookie" (a small, unique identifier text file) to be stored on your computer's hard drive. The purpose of the cookie is to identify you when you visit our Site so we can enhance and customize your use of our Site. We collect certain technical information from your computer each time you request a page during a visit to our Site. This information may include your Internet Protocol (“IP”) address, your computer's operating system, browser type and the address of a referring Web site, if any. We collect this information to enhance the quality of your experience during your visit to our Clients’ site and will not sell or rent this information to a third party.

Links to other Web sites

As a further service to our customers there may be times when our site contains links to other web sites or internet resources. You are encouraged to read and understand the privacy and security policies of those sites prior to your use as the Service Providers have no responsibility or liability for or control over those sites.

Terms and Conditions for Site Access

This application is owned and operated by the Service Providers. By clicking on the Purchase button provided on the Final Purchase Approval page, , you agree with the Service Providers to comply with the following Terms and Conditions, in addition to any other legal terms and conditions that may apply to the use of Clients’ website.

1. Products and Services

The Service Providers reserve the right, in their sole discretion, to make any necessary updates, modifications and adjustments to products and prices and to these Terms and Conditions at any time without prior notice.

2. Prices and Availability

All prices are subject to applicable provincial and federal sales tax, handling charges and shipping charges. All prices quoted are in Canadian dollars.

3. User's Warranties and Representations

You represent that you have reached the age of majority or legal age in your jurisdiction and have the ability to enter into legally binding contracts under applicable law. You also warrant the accuracy of all information provided to the Service Providers including, but without limitation, your name, address, and credit card information.

4. DISCLAIMER AND LIMITATION OF LIABILITY

The Service Providers provide this application, including any product or service purchased or licensed through this Site, on an "as is, where is, as available" basis and make no representations or warranties, either express or implied, of any kind WITH RESPECT TO any product or services offered on this Site. The Service Providers DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW.

None of the Service Providers nor any Client nor any of their respective directors, employees, agents, or other representatives will be liable for damages, claims, expenses or other costs (including without limitation legal fees) arising out of or in connection with the use of this Site, its contents or the purchasing or licensing of any products or services provided on this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, exemplary, punitive and consequential damages, loss of programs or data, income or profit, loss or damage to property and claims of third parties.

IN NO EVENT SHALL THE SERVICE PROVIDERS’ OR CLIENTS’TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE] EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS.

THE SERVICE PROVIDERS ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE.

Terms and Conditions for Photo Finishing Access

Terms of Use

By accessing any areas of the Site,the user acknowledges the notices and agrees to the terms and conditions set out below. The terms "users" and "the user" mean anyone accessing, viewing or otherwise using the Site, any portion thereof or service provided thereon.

1. Copyright

Excluding photos which you upload to the Service Providers (“User Photos”) , all material contained on the Site including the content, site design, text, graphics, and the selection and arrangement thereof are Copyright (c) the Service Providers, the Clients or their licensors as the case may be. ALL RIGHTS RESERVED.

2. Use of Content

With the sole exception of User Photos in which user owns the copyright or in respect of which the user has authorization from the owner of copyright in those User Photos, no material from the Site or any website owned, operated, licensed or controlled by the Service Providers may be copied, reproduced, republished, posted, transmitted or distributed in any way except as expressly authorized in writing by the Service Providers. The user may view this Site and print, in hard copy, portions of this Site only for personal, non-commercial purposes. With the sole exception of User Photos in which user owns the copyright or in respect of which the user has authorization from the owner of copyright in those User Photos, the use of any such material in any other way, for any other reason, on any other website, or the modification, distribution or republication of this material without prior written permission from the Service Providers is strictly prohibited.

3 Prohibited Material

Users may NOT place any material on the Site:

(a) that is threatening, harassing, hateful, violent, abusive, obscene, pornographic, libellous, defamatory, profane or that could give rise to any civil or criminal liability under any applicable law, or that is otherwise inappropriate;

(b) that could infringe any trade-marks, copyrights, or any intellectual property of any kind whatsoever or rights of privacy or publicity without the express permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;

(c) for commercial, non-personal use; or

(d) sent from an anonymous, unverifiable or false address.

4.1 Limitations on the Service

The Service Providers do not and cannot review all User Photos, and are not responsible for the content or the screening, policing, editing, or monitoring of the content of the User Photos. However, the Service Providers reserve the right to take any action with respect to User Photos that they deem necessary or appropriate in their sole discretion, including the right to delete User Photos that they deem violate these Terms of Use as amended from time to time, without prior notice. Users acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by the Service Providers for the purposes of delivering the Services to the user or to comply with a court order, subpoena or other lawful request from governmental authorities for access to User Photos. In addition, users warrant that all moral rights in any uploaded materials have been waived.

4.2 Cancelling the Service and Deletion of User Photos

The Service Providers reserve the right to cancel the Service at any time without notice in its sole discretion, send an email warning of such deletion to the e-mail address supplied by the user. If the user does not respond to the email warning by return e-mail within 15 days, such user's User Photos may be removed.

4.3 Indemnification

Each user of the Service agrees to indemnify, defend and hold harmless the Service Providers, Clients and each of their officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity (including negligent or wrongful conduct) related to User Photos deposited by the user whether such violation or activity is done by the user or any other person accessing the Service using the user's account.

5. DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS. THE SERVICE PROVIDERS AND CLIENTS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS OR THE SERVICES. THE SERVICE PROVIDERS AND CLIENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THIS SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ANY HYPERLINKED SITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE THE SERVICE PROVIDERS INCLUDE LINKS TO OTHER WEB SITES THAT THE SERVICE PROVIDERS HAVE NO CONTROL OVER, AND MAKE NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST THE SERVICE PROVIDERS AND CLIENTSWITH RESPECT TO SUCH WEB SITES.

NONE OF THE SERVICE PROVIDERS, NOR THE CLIENTS NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION CONTAINED ON IT, THE USER PHOTOS OR ANY HYPERLINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

6. Modifications and Assignment

Price, product warranty, specification and availability information supplied on the Site and these Terms of Use are subject to change without notice. The Service Providers may assign their rights under this agreement without notice to you.

7. Governing Law and Jurisdiction

This Site (excluding linked websites) is controlled by the Service Providers from their offices within the Province of Québec, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Québec, Canada, the user agrees that all matters relating to this Site, or any other hyperlinked website, shall be governed by the laws of the Province of Québec and the laws of Canada applicable to that province, without regard to the conflicts of laws principles thereof. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Québec and acknowledges that the user does so voluntarily. The user is responsible for complying with his or her own local laws.