The following terms and conditions (“Terms of Use”) govern the relationship between you and FlashStock Technology Corp. (“we”, “our” or “us”) with respect to the use of this website. By using this website, you are agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use and our privacy policy located at http://www.flashstock.com/privacy. If these Terms of Use are not acceptable to you, please do not use this website. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version. Your continued use of this website will be deemed your conclusive acceptance of the updated Terms of Use.

These Terms of Use are in addition to any separate agreement entered into between you and us with respect to: (i) your use of the FlashStock proprietary software-as-a-service platform (the “SaaS Agreement”); or (ii) your submission of photographs to us (the “Submission Agreement”). In the event of any conflict between these Terms of Use, the SaaS Agreement and/or the Submission Agreement, the SaaS Agreement or the Submission Agreement (as applicable) will govern.

Rights Granted and Restrictions on Use:

We grant to you a limited non-exclusive, non-transferable license to view the material on this website for your personal use only. You may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, information, software, material or other content, (referred to collectively, as the “content”) of this website without our prior written permission. You acknowledge and agree that this website and its content are the property of us, our affiliates or our service providers, suppliers or licensors and you will not acquire any rights or licenses in any trade-marks, patents, copyright or other intellectual property on this website or in its content. This website and its content are protected by copyright, both individually and as a collective work or compilation and by trade-mark law, patent law and any other applicable laws.

Your Authority to Use this Website:

By using this website, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of this website and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with this website or its content, your sole and exclusive remedy is to stop using it.

Disclaimers:

The content on this website is for informational purposes only. We and each of our affiliates, licensors, service providers and suppliers assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. The information and content contained on this website provided by any third party, including without limitation, the information and content obtained through any link, has been supplied without verification by us.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SUITABILITY OF CONTENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE. WE MAY MAKE ANY OTHER CHANGES TO THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

No Damages:

WE, OUR AFFILIATES AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY OUR OR OUR AFFILIATES’ OR EITHER OF OUR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Advertising and Links:

We may, from time to time, accept advertising from certain entities and may receive a fee from their advertising on our website. No endorsement by us is intended or implied by the presence of such advertising. As a convenience to our visitors, our website may contain links to a number of websites. The privacy policies and procedures described here do not apply to those websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to such websites or pages is at your own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such websites. We provide these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such websites. Links do not imply that we or this website are legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trade-mark, trade name, logo or copyright symbol of us or any of our affiliates or subsidiaries.

Trade-marks:

You are not permitted to use any of the trade-marks displayed on this website (including without limitation those listed above) without the prior written consent of us or the third party that owns the trade-mark.

Protecting Information:

We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not possible over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted by you or us over the Internet.

Changes to Terms of Use:

We reserve the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

Violations to Terms of Use:

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to this website.

Other Countries:

This website can be accessed from countries around the world other than Canada and the United States. We make no representation that the content on this website is appropriate or available for use in other locations, and accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.

Laws:

This website (excluding linked sites) is controlled by us from our offices within the Province of Ontario, Canada. By accessing this website, you and we agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and we also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, with respect to any and all matters arising in connection with these Terms of Use.

Claims of Copyright or Other Intellectual Property Right Infringement:

We respect the copyright and other intellectual property rights of other parties. If you believe that any of the content contained on our website or made available by us via the FlashStock service infringes your copyright or any of your other intellectual property rights, please provide us with written notice that includes the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on our website or made available via the FlashStock service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address your letter to our legal team, as follows:

Attention: FlashStock Legal

49 Bathurst St, Suite 51
Toronto, ON
M5V 2P2

How to Contact Us:

If you have any questions or concerns about our website (other than those relating to claims of copyright or other intellectual property right infringement), you may contact us via e-mail at the following address:

info@flashstock.com

For clarity, in no event will any information or advice provided by us or our representatives via telephone, e-mail or in person serve as an amendment, supplement or waiver of any portion of these Terms of Use.