Terms and Conditions

Flytographer Enterprises Ltd.

TERMS AND CONDITIONS OF USE

AGREEMENT BETWEEN WEBSITE USER AND FLYTOGRAPHER

© Copyright Flytographer Enterprises Ltd. (“Flytographer”) 2018. All rights reserved. All the text, graphics, design, content, and other works are the copyrighted works of Flytographer.

Terms and Conditions of Use

Welcome to the website of Flytographer, www.flytographer.com. Use of this website is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by Flytographer may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in these Terms and Conditions of Use (“Terms”), which apply to all visits to the Flytographer website, both now and in the future. Flytographer may at any time revise and update the Terms. You are encouraged to periodically visit this page to review the most current Terms to which you are bound. If you do not agree to these Terms, please do not use this website.

Registration and Your Information

If you would like to make use of certain services, such as to book a vacation photographer (“Services), you will need to create an account with Flytographer (“Account”). Please ensure the information you provide is accurate, current and complete as a failure to do so may result in a suspension or cancellation of your Account.  You agree to safeguard your account information, supervise and be solely responsible for any use of your Account by you and anyone other than you.

PURCHASE OF SERVICES

All Services and prices described on this website are subject to change at any time without notice.  Your purchase of the Services are subject to Flytographer’s Customer Terms of Service.

Restrictions

As a condition of use of this website, you are restricted from copying, displaying, distributing, reproducing, publishing, selling, transferring or transmitting any of the materials and information obtained from this website.  Suspicious, fraudulent or abusive activity in your bookings or Account may result in termination of your Account and cancellation of any service reservations. Any violation of the foregoing may result in civil and/or criminal liabilities.

Ownership of Information and Materials

The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs available on or from this website are the copyrighted works of Flytographer, and any unauthorized use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved.

 Trademark Information

Flytographer’s trademark may be used only with written permission from Flytographer. Flytographer is a registered trademark. All other trademarks, brands, and names that may be referenced on the website are the property of their respective owners. Except as expressly specified in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Flytographer or any third party.

LINKS TO OTHER WEBSITES

For your convenience and resource, this website may sometimes provide links to other websites or resources. These sites are owned and operated by third parties. Flytographer makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the Flytographer website is not an indication that Flytographer endorses the third party or its site, or has any affiliation with or between Flytographer and the third party hosting site.

FEEDBACK

We welcome comments, feedback, information or materials (collectively “Feedback”) submitted to Flytographer. You can submit Feedback by emailing us at hello@flytographer.com. All Feedback received through or in association with this website shall be considered non-confidential and Flytographer’s property. By submitting Feedback to Flytographer, you agree to a grant to Flytographer a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, display and distribute the submissions. Flytographer may use such Feedback in any way it chooses in an unrestricted basis.

PRIVACY POLICY

Please refer to Flytographer’s Privacy Policy for information on how it collects, uses and discloses information from the users. You acknowledge and agree that your use of this website is subject to the Privacy Policy, found here.

TERMINATION OF USE

Flytographer may, in its sole discretion, terminate or suspend your access to all or part of the Flytographer website, including, but not limited to access to your Account and any bulletin boards on its site, for any reason, including without limitation, breach of the Terms. In the event this Agreement is terminated, the restrictions regarding materials appearing on the website and the representations and warranties, indemnities, and limitation of liabilities set forth in this Agreement shall survive any such termination.

DISCLAIMER

The Flytographer Internet team strives to provide you with useful, accurate, and timely information on this website. Accordingly, Flytographer has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of that information or materials. Flytographer may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, Flytographer makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Flytographer. Neither Flytographer, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Flytographer’s website. Flytographer reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current Terms because they will be binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this website.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND FLYTOGRAPHER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL FLYTOGRAPHER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

INDEMNITY

You will indemnify and hold harmless Flytographer and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of this website or your violation of these Terms.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms shall be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable in British Columbia, exclusive of its choice of law principles. By using this Website, you agree to irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction and venue of the courts and appellate courts of British Columbia with respect to any legal action or proceeding which may be brought arising from or relating to the use of this website, and each party hereby consents to the jurisdiction and venue of such courts.

GENERAL PROVISIONS

Entire Agreement

If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Flytographer concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.

Notices

Any notices or other communications provided by Flytographer under these Terms, including those regarding modifications to these Terms, will be given via email, or by posting to this website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights

Flytographer’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flytographer. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Compliance with Laws

In your use of this website, you shall comply with all applicable laws, including, but not limited to, as applicable, requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.

QUESTIONS

If you have questions regarding Flytographer’s Terms and Conditions, please email: hello@flytographer.com.