Terms and Conditions
Last Updated: April 26, 2022
All references to ”Website” or “Websites” in these Terms and Conditions include all websites owned and operated by Foreseeson Technology Inc. (“Foreseeson“), including without limit: www.foreseeson.com, skanaimaging.com, www.photoalbumprint.com and www.mysnapbooks.com).
Photo Album Print - Legal Terms and Conditions
The Website is owned and operated by Foreseeson Technology Inc. The online photo lab (“PhotoAlbumPrint”), which forms part of the Website and associated mobile app, is governed by the terms and conditions of use set out below, in addition to all other applicable web pages and legal terms that may be found from time to time on the Website, including without limit those legal terms found at Foreseeson Technology Inc.’s Legal Terms (collectively the “Terms and Conditions”) and the Privacy Policy. By your use of PhotoAlbumPrint and the services available on or through use of PhotoAlbumPrint (the “Services”) or by otherwise agreeing to purchase any product provided on PhotoAlbumPrint, you indicate that you accept the Terms and Conditions, and that you agree to be bound by and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you (“you” or “user”) and Foreseeson that you will use the Services or purchase the products only in a manner that is consistent with the Terms and Conditions, which is a condition of your continued access to PhotoAlbumPrint and use of the Services. If you do not agree with the Terms and Conditions, you may not access PhotoAlbumPrint or use the Services.
The term “Foreseeson” or “we” used on PhotoAlbumPrint or in these Terms and Conditions will be deemed to include Foreseeson Technology Inc. and its affiliates, subsidiaries, successors and assigns.
Modifications to Services and Terms and Conditions
Foreseeson reserves the right, in its sole discretion, to make any updates, modifications and adjustments to the Services, including without limit products, prices, product warranties, specifications and availability, and to the Terms and Conditions, at any time without prior notice. Each time you use PhotoAlbumPrint or the Website, it is your responsibility to check the Terms and Conditions for changes. Your continued use of PhotoAlbumPrint and the Website following the posting of changes to any Terms and Conditions will mean you accept those changes.
Prices and Availability; Errors & Omissions; Returns
All prices are subject to applicable provincial and federal sales tax, handling charges and shipping charges. All prices quoted are in Canadian dollars. Foreseeson reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. Foreseeson does not guarantee the availability of any products or Services described on PhotoAlbumPrint. While Foreseeson strives to provide accurate product and pricing information, errors in such information may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained on PhotoAlbumPrint and any information included is subject to change by Foreseeson at any time. Without limiting the generality of any other terms and conditions on PhotoAlbumPrint, Foreseeson does not accept liability for any errors or omissions which may be found on PhotoAlbumPrint or for unavailability of any product or any of the Services. If a product or Service appears with any incorrect product or pricing information, Foreseeson reserves the right to cancel any orders for the product or Service.
All product returns are governed by the PhotoAlbumPrint Return Policy. Click Return Policy to view this policy.
License
In order for Foreseeson to provide Services to you, and as a condition to the use of the Services, you hereby grant to Foreseeson a perpetual, irrevocable, worldwide, royalty-free and fully paid-up, non-exclusive license to copy, display, modify, adapt, transmit, publish, make derivative works of, distribute and otherwise use any content transmitted or provided to Foreseeson by you (collectively, “User Content”) for the sole purpose of processing your order and providing the Services and any ordered products to you.
You acknowledge that Foreseeson may in its discretion engage service providers and other suppliers, including third parties to whom Foreseeson may outsource some or all of the provision of PhotoAlbumPrint and the Services, and you hereby authorize Foreseeson to make the User Content available to such service providers and suppliers.
We will not use or modify your User Content for advertising purposes or any other purposes without obtaining your express permission.
Furthermore, and as a condition to your access to PhotoAlbumPrint and use of the Services, you represent and warrant to Foreseeson that you are the owner of the copyright to the User Content or that you have written permission from the copyright owner to submit the User Content to Foreseeson and to provide Foreseeson with the rights set forth in this paragraph. In addition, you warrant that all moral rights in any uploaded materials have been waived in writing.
User's Warranties and Representations
You represent that you have reached the age of majority or legal age in your jurisdiction and have the ability to enter into legally binding contracts under applicable law.
You warrant the accuracy of all information provided to Foreseeson, including, but without limitation, your name, address, and credit card information, and agree to keep this information accurate and updated. Foreseeson is under no obligation to ensure the accuracy of any information entered by any user of PhotoAlbumPrint.
You warrant that, the User Content and your use of the Services, and the exercise by Foreseeson and its service providers of the rights granted under the heading “License” above does not and will not violate any applicable laws (including any electronic communications and anti-spamming laws) or violate or infringe any trademark, copyright, moral rights, or other intellectual property rights or any privacy, data protection, publicity or personality rights of any person or legal entity whatsoever, including without limitation rights of those individuals shown in the User Content. Foreseeson is under no obligation to ensure that material placed on PhotoAlbumPrint does not infringe applicable laws, as well as user or third party rights.
You warrant that the User Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other Prohibited Material.
Prohibited Material
You may NOT place any material on PhotoAlbumPrint, including as any part of User Content:
(a) that is threatening, harassing, hateful, violent, abusive, obscene, pornographic, sexually explicit, libelous, defamatory, profane or that could give rise to any civil or criminal liability under any applicable law, or that is otherwise inappropriate, objectionable or offensive;
(b) that could infringe any trade-marks, copyrights, or any intellectual property of any kind whatsoever or rights of privacy or publicity without the express permission of the owner of these rights and the persons who are shown in the material;
(c) sent from an anonymous, unverifiable or false address;
(d) that implies that Foreseeson endorses or is in any way associated with any User Content;
(e) that contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, phishing emails, time bombs, cancelbots and other unauthorized computer programming routines;
(collectively, “Prohibited Material”).
Foreseeson has the sole discretion to determine whether material submitted is Prohibited Material and to refuse to accept any material (whether Prohibited Material or not). Any material submitted to Foreseeson may be subject to examination from time to time. You acknowledge that although Foreseeson does not and will not examine and review all material submitted or transmitted to Foreseeson and is not responsible for User Content or the screening, policing, editing, or monitoring of User Content, Foreseeson has the right, but not the obligation, to review, delete, move, edit and take any other action with respect to User Content that it deems necessary or appropriate in its sole discretion, for any reason, at any time, without notice or liability to users or any third parties. You acknowledge that any information and material, including without limitation User Content, may be removed, published, copied, modified, reported, transmitted and displayed by Foreseeson to comply with a legal obligation, court order, subpoena or lawful request from governmental authorities, including but not limited to compliance with the notice-and-notice regime under the Canadian Copyright Act.
Indemnification
Each user of PhotoAlbumPrint and the Website agrees to indemnify, defend and hold harmless Foreseeson, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including without limitation reasonable legal fees, resulting from or relating to your use of the Website, including PhotoAlbumPrint, or your violation of the Terms and Conditions or any applicable laws including, but not limited to trademark, copyright, privacy or personality rights, whether such violation or activity is done by the user or any other person accessing PhotoAlbumPrint and the Website using the user’s account.
DISCLAIMER AND LIMITATION OF LIABILITY
FORESEESON AND ITS SUPPLIERS PROVIDE PHOTOALBUMPRINT AND THE SERVICES, INCLUDING ANY PRODUCT PURCHASED OR LICENSED THROUGH PHOTOALBUMPRINT , ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WITH RESPECT TO PHOTOALBUMPRINT OR ANY OF THE SERVICES, INCLUDING ANY PRODUCT PURCHASED OR LICENSED THROUGH PHOTOALBUMPRINT. FORESEESON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF AVAILABILITY, COMPLETENESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE GREATEST EXTENT PERMITTED BY LAW. FORESEESON AND ITS SUPPLIERS DO NOT WARRANT THAT (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR PHOTOALBUMPRINT, (B) YOUR REQUESTS WILL BE HONOURED ACCORDING TO YOUR SCHEDULE OR ANY SCHEDULE, (C) THE SERVICES OR PHOTOALBUMPRINT WILL BE TIMELY, SECURE OR ERROR-FREE, (D) ANY ERRORS IN USER CONTENT OR OTHERWISE WILL BE CORRECTED, OR (E) ANY CONTENT ON OR ACCESSIBLE THROUGH USE OF PHOTOALBUMPRINT IS LAWFUL OR APPROPRIATE.
NONE OF FORESEESON OR ANY OF ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF PHOTOALBUMPRINT AND SERVICES, ITS CONTENTS OR THE PURCHASING OF ANY PRODUCTS PROVIDED ON PHOTOALBUMPRINT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF PROGRAMS, DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF FORESEESON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE FOREGOING LIMITATIONS ARE NOT PERMITTED BY LAW, THEN IN NO EVENT WILL THE TOTAL LIABILITY OF FORESEESON OR ANY OF ITS SUPPLIERS TO USER FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY USER FOR THE SERVICES. YOU HEREBY WAIVE ANY CLAIM FOR DAMAGES IN EXCESS OF SUCH AMOUNT.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USING THE SERVICES AND PHOTOALBUMPRINT. YOU UPLOAD, DOWNLOAD, SHARE AND TRANSMIT CONTENT THROUGH THE SERVICES OR PHOTOALBUMPRINT AT YOUR OWN RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU SUBMIT ANY DIGITAL FILES TO FORESEESON THROUGH PHOTOALBUMPRINT FOR PROCESSING, PRINTING OR ANY OTHER HANDLING, IT IS EXTREMELY IMPORTANT THAT YOU DO NOT ERASE SUCH DIGITAL FILES FROM THEIR ORIGINAL SOURCE UNTIL YOU HAVE PICKED UP YOUR PHOTOFINISHING ORDER. FORESEESON ACCEPTS NO LIABILITY IN THE EVENT THAT YOUR DIGITAL FILES ARE IMPROPERLY DOWNLOADED, LOST, DAMAGED OR CORRUPTED IN ANY WAY.
Termination
You agree and acknowledge that PhotoAlbumPrint, in its sole discretion, may terminate your use of the Services, and remove and discard any material you have submitted to PhotoAlbumPrint including, but not limited to, any and all information, communications, albums, image files, User Content, or any other content within the Services, at any time, without notice, for any reason, or for no reason.
Without limiting the generality of the foregoing, PhotoAlbumPrint may delete User Content which has not been accessed for more than 60 days. PhotoAlbumPrint may, in its sole discretion and without obligation, send an email warning of such deletion within a specified period of time to the e-mail address supplied by the user.
PhotoAlbumPrint, in its sole discretion and at any time, with or without notice, may also suspend or discontinue providing any or all of PhotoAlbumPrint or the Services or products offered through PhotoAlbumPrint.
User agrees that Foreseeson will not be liable to user or any third party for any of the actions described under the heading “Termination”.
Trade-Marks
MySnapbooks, Foreseeson and PhotoAlbumPrint are trade-marks of Foreseeson. Other registered and non-registered trade-marks, related words, domain names and logos which are the property of Foreseeson may appear from time to time on PhotoAlbumPrint and the Website. All other trade-marks, product names and company names or logos cited herein which are not the property of Foreseeson are the property of their respective owners. Foreseeson’ trade-marks may not be used without Foreseeson’ express authorization and, without limiting the generality of the foregoing, Foreseeson’ trade-marks may not be used in connection with any products or services which are not Foreseeson’ or authorized by Foreseeson, or in any manner that is likely cause confusion among customers or potential customers of Foreseeson, or in any manner that disparages or discredits Foreseeson.
Copyright
Excluding User Content, all material contained on or available through PhotoAlbumPrint (including the content, site design, text, graphics, and the selection and arrangement thereof) are copyright owned by Foreseeson or its licensors as the case may be. ALL RIGHTS RESERVED.
Use of Content
With the sole exception of User Content, no material from PhotoAlbumPrint may be copied, reproduced, republished, posted, transmitted or distributed in any way except as expressly authorized in writing by Foreseeson. The user may view PhotoAlbumPrint and print, in hard copy, portions of PhotoAlbumPrint only for personal, non-commercial purposes. With the sole exception of User Content, the use of any such material in any other way, for any other reason, on any other website, or the modification, distribution or republication of such material without prior written permission from Foreseeson is strictly prohibited. You may not remove, obscure or otherwise deface any proprietary notices appearing in any such material.
Storage of User Content
In conjunction with the provision of photo finishing services, Foreseeson may make up to 300 MB of digital storage space available to its registered users for up to 30 days, which amount may be varied by Foreseeson at its sole discretion from time to time, for the storage of User Content, subject to the termination section set out above.
Password Access
Foreseeson will provide each user who wants to set up an account with password protected access to their User Content. It is each user’s responsibility to keep their password confidential, and Foreseeson will not, in accordance with the disclaimer and limitation of liability section set out above, be liable for any loss or damage suffered by a user due to the loss, unauthorized use or theft of their password or otherwise.
Severability
In the event that any parts of the Terms and Conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those Terms and Conditions will not fail on account thereof, and the balance of the Terms and Conditions will continue in full force and effect.
Assignment
Foreseeson may assign its rights under these Terms and Conditions without notice to you. You may not assign your rights and obligations under these Terms and Conditions.
Governing Law and Jurisdiction
PhotoAlbumPrint and the rest of the Website (excluding linked websites) is controlled by Foreseeson from its offices within the Province of British Columbia, Canada. PhotoAlbumPrint and the rest of the Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of British Columbia, Canada, you agree that all matters relating to the Services, PhotoAlbumPrint and the rest of the Website, or any other hyperlinked website, will be governed by the laws of the Province of British Columbia and the laws of Canada applicable to that province, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws. Except as otherwise prohibited by law, any claim or dispute against Foreseeson must be brought within one year from the date the cause of action arises.
Entire Agreement
The Website and the Terms and Conditions constitute the entire agreement between you and Foreseeson governing your access to and use of PhotoAlbumPrint.
No Waiver of Rights
The failure of Foreseeson to exercise or enforce, or delay in exercising or enforcing, any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. The waiver of Foreseeson of any breach of any provision of the Terms and Conditions will not be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.