Korinek Creative Inc.
Updated: 18 February 2021
Please read these Terms + Conditions of Use carefully before visiting and using our website (https://photoproventure.com) (the “Site”) and, if applicable, accessing or using any of our services (the “Services”). Please also refer to our Privacy Policy.
1. OVERVIEW
The terms “we,” “us,” and “our” in these Terms + Conditions of Use refer to Korinek Creative Inc., owner of the Site.
By visiting, using and accessing the Site, and by purchasing, accessing or using any of our Services, you are consenting to and accepting these Terms + Conditions of Use and our Privacy Policy. We reserve the right to change these Terms + Conditions of Use and our Privacy Policy or to impose new conditions on the use of the Site or on our Services, from time to time, in which case we will post the revised Terms + Conditions of Use or revised Privacy Policy on this Site. By continuing to use the Site or our Services after we post any such changes means you accept the new Terms + Conditions of Use and Privacy Policy with such modifications.
You may use the Site and our Services for lawful purposes only, and must not in the use of the Site or our Services violate any laws in your jurisdiction. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
We reserve the right to immediately restrict your access to any non-public areas of the Site and to our Services, without refund, if you are caught any part of our Terms + Conditions of Use and Privacy Policy.
2. YOUR PERSONAL INFORMATION
To use the Site or our Services, you must have the requisite power and authority to enter into these Terms + Conditions of Use, and you must be at least 18 years old or the legal age for the consumption of alcohol in your jurisdiction, whichever is older.
In order to use the Site or our Services, you may be required to provide information about yourself including your name, email address and other Personal Information (as defined in our Privacy Policy). You agree that any information you give to us will always be accurate, correct and up to date. You must not impersonate someone else or provide Personal Information or an email address other than your own.
In our Privacy Policy, we describe our practices with respect to the collection, use, storage and disclosure of such Personal Information. By using the Site and our Services, you agree that we may collect, use and disclose your Personal Information as described in our Privacy Policy.
3. OUR INTELLECTUAL PROPERTY
The Site contains intellectual property owned by Korinek Creative Inc., including, without limitation, our photographs, the Korinek Creative Inc. logo and the Matt Korinek logo, and all designs, text, graphics, photographs, other files, and the selection and arrangement thereof on the Site or provided through our Services (together, the “Intellectual Property”). All rights, title and interest in any Intellectual Property is and shall remain our exclusive property. We do not waive our moral rights, including the right to the integrity of any copyright works and the right to be associated with any copyright work as its author by name or under a pseudonym.
By using the Site and our Services, you acknowledge and agrees that you may gain access to or become familiar with our Intellectual Property, and you shall:
1. protect and safeguard the confidentiality and ownership of our Intellectual Property;
2. not use our Intellectual Property, or permit it to be accessed or used, for any purpose other than your own personal and non-commercial use, and not in any manner to our detriment; and
3. not disclose, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our Intellectual Property, in whole or in part whether privately or publicly.
You acknowledge and agree that monetary damages would not be a sufficient remedy for any breach or threatened breach by you of these provisions regarding our Intellectual Property. Therefore, in addition to all other remedies we may be entitled to or available at law (which we do not waive by the exercise of any rights under these provisions), we shall be entitled to specific performance and injunctive and other equitable relief as a remedy for any such breach or threatened breach, and you hereby waive any requirement for the showing of actual monetary damages in connection with such claim. You further agree that you will not oppose the granting of such relief on the basis that we have an adequate remedy at law and that you will pay any costs, fees, charges and expenses, including legal fees, that the we may incur in enforcing these provisions relating to our Intellectual Property.
4. THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5. DISCLAIMER
We make no representations or warranties that the advice and information provided by us, whether on the Site, through our Services or otherwise, (the “Content”) is accurate, complete, reliable, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in all of our Content. By using the Site and our Services, you acknowledge that we do not warrant the accuracy of any Content and we are not liable to you or to any third party for any losses you or any third party may suffer by relying on our Content.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF EITHER $CAD100.00 OR THE TOTAL AMOUNT PAID TO US BY YOU FOR OUR SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
THIS SECTION SETS FORTH OUR SOLE LIABILITY AND ENTIRE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR ANY ACTION THAT IS BROUGHT AGAINST US.
7. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms + Conditions of Use and our Privacy Policy, or any use by you of the Site or our Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
8. RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on the Site or our Services. You hereby release us from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
9. GOVERNING LAW; VENUE; MEDIATION
These Terms + Conditions of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein.
10. SEVERABILITY
If any term, provision, covenant, or condition of these Terms + Conditions of Use and our Privacy Policy is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms + Conditions of Use and our Privacy Policy shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
11. ASSIGNMENT
These Terms + Conditions of Use and our Privacy Policy bind and inure to the benefit of the parties’ successors and assigns. These Terms + Conditions of Use and our Privacy Policy are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
12. ENTIRE AGREEMENT; WAIVER; HEADINGS
These Terms + Conditions of Use and our Privacy Policy constitute the entire agreement between you and Korinek Creative Inc. pertaining to the Site and our Services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms + Conditions of Use or our Privacy Policy by Korinek Creative Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Korinek Creative Inc. The subject headings of the Terms + Conditions of Use and our Privacy Policy are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms + Conditions of Use or our Privacy Policy, please email: hello@photoproventure.com