TermsofUse - SPORTDAD Sports Photography

Terms of Use

By using this website, you agree to these conditions. Please read them carefully.

SPORTDAD Sports Photography, referred to herein as "SPORTDAD", offers website features and other products and services to visitors to this website. The following terms and conditions govern your access to and use of this website, including any content, functionality, and services offered on or through this website.

BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not want to agree to these Terms of Use you must not access or use this website.

SCREEN CAPTURES AND SCREEN GRABS ARE NOT PERMITTED

You do not have permission to screen capture or screen grab any images or portion of any SPORTDAD websites. Doing so you are liable for DOUBLE THE STANDARD PRICE FOR THE IMAGE. 

ELECTRONIC COMMUNICATIONS

When you use this website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that, all agreements, notices, disclosures and other communications that SPORTDAD provides to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of SPORTDAD or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through the SPORTDAD website is the exclusive property of SPORTDAD and protected by Canadian and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, and scripts included in or made available through this website are the trade dress of SPORTDAD in Canada, the U.S. and other countries. SPORTDAD’s service marks are denoted by the ™ symbol or by the ® symbol. SPORTDAD's trademarks and trade dress may not be used in connection with any product or service that is not the property of SPORTDAD, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SPORTDAD. All other trademarks not owned by SPORTDAD that appear in any SPORTDAD website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SPORTDAD.

SOCIAL MEDIA

The images taken by SPORTDAD may be published by SPORTDAD on social media without receiving a release from the person photographed. If you do not wish to have images posted to social media, please send an email to socialmedia@sportdad.ca to have any existing image that has been posted removed, or to request that images of a specific person not be published on social media.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, SPORTDAD or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the SPORTDAD websites. This license does not include any resale or commercial use of any SPORTDAD product, or its website contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SPORTDAD product or its website contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SPORTDAD or its licensors, suppliers, publishers, rightsholders, or other content providers.

No SPORTDAD product, nor any part of any SPORTDAD website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SPORTDAD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SPORTDAD without express written consent. You may not use any meta tags or any other "hidden text" utilizing SPORTDAD's name or trademarks without the express written consent of SPORTDAD. You may not misuse the SPORTDAD website. You may use the SPORTDAD website only as permitted by law. The licenses granted by SPORTDAD terminate if you do not comply with these Conditions of Use or any Service Terms.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may send e-mail and other communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, indecent, threatening, abusive, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SPORTDAD reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SPORTDAD for all claims resulting from content you supply. SPORTDAD has the right but not the obligation to monitor and edit or remove any activity or content. SPORTDAD takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases from SPORTDAD are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE

SPORTDAD does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, SPORTDAD does not take title to the refunded item. For more information about our returns and refunds, please see our Refund Policy below.

REFUND POLICY

Our goal is 100% satisfaction. If you are unhappy with your printed pictures, please contact us and we will be happy to work with you toward a resolution. If you simply want a refund, return your photos and/or products with a note stating that you do not want them and we will be glad to give you a full refund for the original purchase price. Please note that our digital products are non-refundable. Digital products include CDs, USB storage device and  digital download options.

There will be no refund if the competitor misses the event, is disqualified,  if the athlete performs poorly or has an equipment failure.

As is the nature of sport photography, we do not guarantee a specific number of images will be taken nor do we guarantee a number os useable images. The quantity of images taken is not grounds for refund. 

A refund will not be provided if the images are not retrieved or downloaded within six months of the images being taken.

PRODUCT DESCRIPTIONS

SPORTDAD attempts to be as accurate as possible. However, SPORTDAD does not warrant that product descriptions or other content of any SPORTDAD website is accurate, complete, reliable, current, or error-free. If a product offered by SPORTDAD itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the price displayed for products on any SPORTDAD website represents the full retail price listed on the product itself, estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere.

ARCHIVING

The images will be kept on the website for six months, after which point SPORTDAD does not guarantee that they will be available for download. A fee may be applicable to access images that are more than six months old.

CREDIT LINE AND COPYRIGHT NOTICE

Placement of a credit line or copyright notice is required unless written permission is provided in advance of usage. If a credit line or copyright notice is required but not actually provided, or incorrectly provided, Client agrees that the amount of DOUBLE THE STANDARD PRICE is the fair and reasonable compensation that will be paid to SPORTDAD for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SPORTDAD WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPORTDAD WEBSITES ARE PROVIDED BY SPORTDAD ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE SPECIFIED IN WRITING, SPORTDAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPORTDAD WEBSITES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPORTDAD WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SPORTDAD WEBSITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPORTDAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTDAD DOES NOT WARRANT THAT THE SPORTDAD WEBSITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPORTDAD WEBSITES, SPORTDAD’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SPORTDAD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTDAD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SPORTDAD WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SPORTDAD WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By using any SPORTDAD website, you agree that the applicable Canadian federal law, and the laws of the province of Ontario, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SPORTDAD.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, services offered, and these Terms of Use at any time. Your continued use of this website following the posting of revised Terms of Use means that you accept and agree to the changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.


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