July 1, 2007
Summary of PNI Digital Media Terms & Conditions
Welcome to the Costco PhotoCentre website (the “Site”), powered by PNI Digital Media
Inc., 590-425 Carrrall St. Vancouver, BC V6B 6E3, 604-893-8955
(“PNI Digital Media”). You are purchasing your photos from the Costco PhotoCentre
which utilizes PNI Digital Media for uploading of digital images and delivery to
Costco (as defined below) for fulfillment.
This is a summary only. Complete terms and conditions are set out below and can
be accessed by scrolling down this page. Please note that while our terms may
change from time to time, you will always find the most recent version here.
Your personal information is protected. Your privacy is
important to us and we take great care to protect it. Please see our
Privacy Policy
for details.
You control who sees your photos.
The Site is designed to provide a private, secure place for you to store and
share your photos. Only you and the friends and family members you invite have
access to your photos.
A credit card is required to be eligible to purchase gift services.
To use this service, please provide a valid credit card number
(including expiration and billing information). We will only charge your
credit card if you order gift services. Your card will be charged when
you place your order. Gift services are available only in Canada.
Email communication. PNI Digital Media intends to send and you
agree to receive email confirmations regarding orders placed at the Costco PhotoCentre.
To read the complete PNI Digital Media Terms and Conditions, please see below.
PNI Digital Media Terms and Conditions
Before you enter the Site or use any of the PNI Digital Media services, it is
important that you carefully review the Terms and Conditions set out below (the
"Terms"). In addition, specific pages on the Site may set out additional terms
and conditions, all of which are incorporated by reference into the Terms.
Terms may be changed or updated at any time, but you can always find the most
recent version here. Please see the section below entitled “Modification of
Terms” for more information. In the case of inconsistencies between these Terms
and information included in off-line materials, these Terms will always
control.
By your initial acceptance of the Terms and your continued use of the Site, you
indicate that you accept the Terms and that you agree to be bound by and
subject to them. Acceptance of the Terms creates a binding legal agreement
between you and PNI Digital Media that you will use the Service only in a manner
that is consistent with the Terms. If you have questions about the Terms,
please contact us at
costcosupport@internetimagingnetwork.com.
Your use of the Site and its services (together, the "Service") is entirely
conditioned on and subject to your compliance with the Terms. If you do not
agree with the Terms, you will not be able to access the Site or use the Service.
I. Terms of Use
You must be a Costco member and reside in Canada to become a member of the Site
(“Site Member”) and use the Service. The Service is only available to you if you
submit certain requested information to PNI Digital Media, including (but not limited to)
your name and a valid Costco membership number and a valid email address.
In addition, by becoming a Site Member, you agree to provide us with true, accurate,
current and complete information about yourself when such information is required
for the Services you select.
A condition of being a Site Member is your “Active Participation” in the Service.
Active Participation means purchasing photo merchandise (including reprints and
enlargements) through the Site at least once every 365 days. If your Site Member
account is inactive for more than 365 days, we may terminate your Site Membership
(or any part thereof) or use of the Service, and remove and discard any content,
including (without limitation) any and all information, communications, postings,
albums, image files or any other content within the Service. Please refer to
Termination for more terms affecting your Site Membership.
II. Digital Image Storage.
As long as you are an active participant in the Site, we offer unlimited storage
of your online photos from digital photos that you upload to your account.
There is no limit to the number of digital photos you can upload and store.
III. User Conduct
We are committed to ensuring that our Service remains a fun and safe place to
order prints and other content. Users are encouraged to use the Service to
print creative material, including (without limitation) photographs and if and
when available, gifting products. To this end, we require that every user of
the Service agrees not to print, digitize, upload or otherwise obtain
Prohibited Content. Generally, Prohibited Content includes (without limitation)
any of the following types of content:
a. Content we believe is abusive,
deceptive, pornographic, obscene, defamatory, slanderous, offensive, or
otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the
owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files,
Trojan horses and other forms of corruptive code or any other content, which
may compromise the Service.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links or connections to any of the above.
PNI Digital Media and Costco (as defined below) have the sole discretion to
determine whether content is Prohibited Content, and any content submitted to
the Service may be subject to examination from time to time. You acknowledge
that although PNI Digital Media and Costco do not and will not examine and review
all content submitted or transmitted to the Service, PNI Digital Media and Costco
have the absolute right (but not the obligation) to review, delete, move, and
edit materials for any reason, at any time, without notice.
Notwithstanding the above, when you access the Site and/or use the Service, you
acknowledge and agree that all content (whether private or public) that is
uploaded on the Site is the sole responsibility of the person who submitted it.
In other words, you are responsible for any content that you submit.
Moreover, you understand that by viewing the Site, you may be exposed to content
you may consider offensive and you take sole responsibility for such exposure.
You also acknowledge that neither PNI Digital Media nor Costco guarantees in any way
the accuracy, quality or appropriateness of content available on the Site.
In no event shall either PNI Digital Media or Costco (including their respective officers,
directors, employees, affiliates and agents) be liable for claims of any nature,
whether direct or indirect, arising from or related to any content made available
on or through the Site including (without limitation) errors or omissions in such
content and loss or damage incurred as a result of such use of such content.
IV. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part
of the Service, use of the Service, or access to the Service for any commercial
purposes.
V. Third Party Software
As a convenience to our users, we may make third-party software available
through the Service. To use the third-party software, you must agree to the
terms and conditions imposed by the third party provider and the agreement to
use such software will be solely between you and the third party provider.
By downloading third party software, you acknowledge and agree that PNI Digital Media
does not guarantee that any software downloaded through the Service will be
free of viruses, worms, or Trojan horses or other forms of corruptive code.
PNI Digital Media makes no representations or warranties concerning the performance,
effectiveness or any other aspect of any third-party software downloaded
through the Service. In no event shall PNI Digital Media (including its officers,
directors, employees, affiliates and agents) be liable for claims of any
nature, whether direct or indirect, arising from or related to any third-party
software downloaded through the Service.
VI. Privacy Policy
We respect your privacy and have taken specific steps to protect it. Please see our
Privacy Policy.
VII. Copyright
What You License to PNI Digital Media
In order for us to transmit your
photos to Costco Wholesale Canada Ltd. and/or Costco Enterprises Inc.
(collectively, “Costco”) for fulfillment, we need the right to make use of all
content on the Service (in accordance with and subject to these Terms).
Accordingly, as a condition to your use, you hereby grant PNI Digital Media a
perpetual, universal, nonexclusive right to copy, display, modify, transmit,
make derivative works of and distribute any content transmitted or provided to
the Service by you, solely for the purpose of providing the Service. In no
event will PNI Digital Media print or display any content provided by you, other
than in accordance with any activity initiated by you (e.g. photo sharing,
printing, etc.).
You remain the owner of all content that you submit to the Service and as a
condition to use, you represent and warrant to PNI Digital Media that you are the
owner of the copyright to content you submit to the Service or that you have
written permission from the copyright owner to submit such content.
Copyright Protection for Content on the Service
All the information,
content, image files, software and materials offered by our Service is
protected by Canadian and international copyright laws and by other applicable
laws. You understand that PNI Digital Media is unable to provide you with permission
to copy, display or distribute material for which you do not own the copyright,
and we do not provide others with such rights to your content (unless you give
us permission to do so). You may not copy or distribute such material without
the written consent of the copyright owner, and you are solely responsible for
any copyright violations that you may incur as a result of your activities on
the Service. PNI Digital Media has the absolute right to exclude you from the Site
if you use our Service to violate the intellectual property rights of third
parties.
If you believe that your work or the work of another has been copied in a way
that constitutes copyright infringement, PNI Digital Media has a process in place to
respond to your concerns. Please see
How To
Contact Us About Copyright Infringement Claims.
VIII. Indemnity
You agree to indemnify, defend and hold harmless PNI Digital Media and Costco
(including its and their officers, directors, employees, agents, licensors,
suppliers and any third-party information providers to the Service) from and
against all losses, expenses, damages and costs, including reasonable legal
fees, resulting from any violation of these Terms or any activity related to
your use of the Service (including negligent or wrongful conduct) by you or any
other person accessing the Service using your personal information.
IX. Limited Warranty
(A) Exclusive Remedy. Any product and service available through the
Service is provided on an "as is" and "as available" basis. Your use of the
Service is at your own risk. PNI Digital Media warrants only that photographic
materials provided shall be returned to you in usable condition. In the event
that your print(s) or if and when available, gifting product(s) are damaged, or
are of unacceptable quantity or quality, lost or not returned, PNI Digital Media's
sole obligation, and your sole and exclusive remedy, shall be for PNI Digital Media
to either (i) refund the full amount of the purchase price of such prints that
you have paid for, or (ii) resubmit you order at no extra cost.
(B) Disclaimer. Except for the above express limited warranty, to the extent
permitted under applicable law, PNI Digital Media expressly disclaims all warranties
and conditions of any kind, whether express or implied, including, but not
limited to the implied warranties and conditions of merchantability, fitness
for a particular purpose and non-infringement. PNI Digital Media makes no warranty
that (i) the Site or Service will be provided in a manner that is
uninterrupted, timely, secure, or error free, (ii) the Site or Service are or
will be free of viruses or other harmful components, or (iii) the Service, Site
or content provided will meet your requirements.
PNI Digital Media makes no
warranties of any kind with respect to software, goods, services, promotions,
or the delivery of any software, goods or services that are purchased, accessed
or obtained through the Site or that are advertised on the Site. Any material
downloaded or otherwise obtained through the use of the Service is done at your
own discretion and risk. You will be solely responsible for any damage to your
computer system or loss of data that results from the download of any such
material.
X. LIMITATION OF LIABILITY
You expressly acknowledge and agree that, to the fullest extent
permitted under law, PNI Digital Media will have no obligation or liability (whether
arising in contract, warranty, tort (including negligence), product liability
or otherwise) for any incidental, indirect or consequential damages or
liabilities (including, but not limited to, any loss of data, revenue or
profit) arising with respect to your use of the Site or the Service, even if
you have been advised of the possibility of such damages. This foregoing
limitation applies to damages arising from (i) use or inability to use the
Service; (ii) cost of procurement of substitute goods and services resulting
from any goods or services purchased through or from the Service; (iii)
unauthorized access to or alteration of your transmissions by third parties;
(iv) third party content made available to you through the Service or (v) any
other matter relating to the Service.
Some provinces do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation
or exclusion may not apply to you. This warranty gives you specific legal
rights, and you may have other rights which vary from province to province.
XI. Termination
You agree and acknowledge that PNI Digital Media, in its sole discretion,
may terminate your use of the Service, and remove and discard any content
including, but not limited to, any and all information, communications, albums,
image files or any other content within the Service, at any time, without
notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by
PNI Digital Media elsewhere on the Site;
b. Conduct that PNI Digital Media believes is harmful to other users of the Service,
Costco Members, Costco, the business of PNI Digital Media, or other third party
information providers;
c. Failure to continue Active Participation; or
d. Conduct that violates the letter or spirit of these Terms.
Further, you
agree that PNI Digital Media shall not be liable to you or any third-party for any
termination of your access to the Service.
XII. Choice of Law
These Terms shall be governed by and construed in accordance with the laws
applicable in the Province of British Columbia and is subject to any applicable
laws of the province in which the consumer resides. The courts located in the
Province of British Columbia shall be the exclusive forum and venue to resolve
any and all disputes arising out of or relating to these Terms and Conditions.
By acceptance of the terms and use of the service you consent to personal
jurisdiction and venue by the courts of the Province of British Columbia.
XIII. Modification of Terms
You agree that PNI Digital Media
reserves the right to amend the Terms at any time, for any reason, with notice,
including the right to terminate the Service or any part of the Service. Any
amendments or modifications made by PNI Digital Media shall be prospective only,
shall be posted on this Site and will require your acceptance in order to
continue use of the Service.
XIV. Entire Agreement
These Terms constitute the entire agreement between you and PNI Digital Media and
govern your use of the Service, superseding any prior agreements between you
and PNI Digital Media. In the case of inconsistencies between these Terms and
information included in off-line materials, (e.g., promotional materials and
mailers), these Terms will always control.
You may also be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party software.
The failure of PNI Digital Media to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.
Any claim or cause of action arising out of or related to use of the Service or
the Terms must be filed within two (2) years from the date on which the claim
or cause of action was discovered or reasonably could have been discovered,
failing which such claim or cause of action shall be forever barred.
XV. Reporting Violations
You can report abuse of these Terms to
costcosupport@internetimagingnetwork.com.