Terms of Service

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Terms of Use

Welcome to eTPH! We hope you enjoy your visit, and find that using our service is productive, easy and fun.

Before using the eTPH website or setting up your account with eTPH (herein referred to as "we", "us", or "eTPH"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the website and services owned and/or operated by eTPH (collectively, the "Service"). Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Service constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.

eTPH provides software and personal publishing services that allow its customers to create, design, layout and print professional quality documents ( “Doucment”). This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with eTPH and set up an Account). The term “User” , "You" refers to a Member.

BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE eTPH PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.

You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.

In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.

eTPH may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by eTPH on the Website, (2) for existing Users, thirty (30) days after posting by eTPH on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after eTPH sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.

Software Copyright & Ownership of Content

All software, materials, information and content offered by eTPH are protected by copyright and other applicable laws. You may use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials. You may not distribute or copy such material without the written permission of the copyright owner.

Third Party Links

We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of these sites. It is your responsibility to read and understand each site's privacy and other policies and terms and conditions of their service. If you have any questions or concerns regarding these third-party sites, please contact their site's web master or site administrator.

 

Content

  1. The eTPH Website may now or in the future permit the submission of photos, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, eTPH does not guarantee any confidentiality with respect to any submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize eTPH to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement. For clarity, you retain all of your ownership rights in your User Submissions.
  3. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant eTPH all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage eTPH or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. eTPH does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and eTPH expressly disclaims any and all liability in connection with User Submissions. eTPH does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and eTPH will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. eTPH reserves the right to remove Content and User Submissions without prior notice. eTPH will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. eTPH also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. eTPH may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
  4. You understand that when using the eTPH Website, you will be exposed to User Submissions from a variety of sources, and that eTPH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against eTPH with respect thereto, and agree to indemnify and hold eTPH, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  5. eTPH permits you to link to materials on the Website for personal, non-commercial purposes only. eTPH reserves the right to discontinue any aspect of the eTPH Website at any time.

Storage Policy

eTPH provides free online storage of images to its members for an initial period of 45 days from the date you first upload an image to your account. If you do not request for extended storage or there is zero activity for a period of 45 days, we may delete the images and templates stored in your account. In addition, if your account becomes inactive for a period of 12 months, eTPH may, at its discretion, terminate access to the account altogether (including deletion of any account information held on eTPH.ca). We may change this policy at any time, upon reasonable notice to you.

Fee and Payment Terms

All prices are in Canadian Dollars (CAD) and payment must accompany each order. There is no charge for browsing or accessing the Site. Please refer to our Products Price List for a complete listing. Payment terms will be via online credit card transactions, on account or unless otherwise stated. We reserve the right to refer to your credit card provider. eTPH will not be held liable for any losses you may suffer as a result of unauthorized use of your credit card by any other party. A sales order confirmation will be sent to your email address once the payment has been accepted.

Failure to submit a valid payment may result in refusal to process the requested service(s). In the case that an order with a paid deposit is processed, we will hold the order for 60 days, or unless otherwise stated. During this period and until the balance amount is paid in full, eTPH may send a notice to the customer's email address to inform of their balance due. If the balance due is not paid within the said period, eTPH may exercise its right to charge a handling fee and discard any unpaid property. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.

Delivery of Products

All products or prints will be delivered to the delivery address supplied by you during the order process. Your order is deemed to be accepted upon eTPH notifying you by e-mail that your payment has been processed and has agreed to supply the Photo products or prints.

Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to this Agreement, and entirely at the discretion of eTPH.

Satisfaction Guarantee & Return Policy

eTPH stands behind our products. If you are unhappy with the quality of your order, for any reason, send it back to us (return shipping costs are at the user’s expense), and we’ll reprint it absolutely free (eTPH will pay for the replacement shipping expense). If you’re still not 100% satisfied, return the product (return shipping costs are at the clients expense), and we’ll refund the purchase price of the items in full (shipping expenses are not reimbursed).

Disclaimer of Warranty, Limits of Liability and Indemnity

eTPH is not liable to you for any loss you suffer in connection with your access or use of this Site, any linked websites or any software available at the Site. To the fullest extent permitted by applicable law, eTPH DISCLAIMS ALL IMPLIED OR EXPRESSED WARRANTIES OR CONDITIONS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify or make any addition to this limited warranty.

IN NO EVENT SHALL eTPH BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF eTPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE eTPH'S SITE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT eTPH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

As our customer, you agree to fully indemnify and hold harmless eTPH, and all our Staffs and Agents from and against all damages, losses, expenses and costs, including reasonable legal fees, resulting from any violation of this Agreement, or any circumstances related to your negligence or wrongful conduct when using this Service.

Force Majeure

eTPH shall not be liable for any failure to perform its obligations under these Terms or in connection with any order where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

Acceptance of Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. eTPH reserves the right, at our sole discretion, to update or make modifications to this Terms & Conditions of Use from time to time. The date of modification will be reflected at the top right on this page. If you have a question regarding our Terms & Conditions, please contact us through our Customer Support and Feedback page.

Indemnity

You agree to defend, indemnify and hold harmless eTPH, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the eTPH Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the eTPH Website.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eTPH without restriction.

 

General

You agree that:

  1. the eTPH Website shall be deemed solely based in Canada; and
  2. the eTPH Website shall be deemed a passive website that does not give rise to personal jurisdiction over eTPH, either specific or general, in jurisdictions other than Canada. These Terms of Service shall be governed by the internal substantive laws of the Dominion of Canada, without respect to its conflict of laws principles. Any claim or dispute between you and eTPH that arises in whole or in part from the eTPH Website shall be decided exclusively by a court of competent jurisdiction located in Toronto, Canada. This Agreement, together with the Privacy Notice at http://*.etph.ca/privacy-statement.html and any other legal notices published by eTPH on the Website, shall constitute the entire agreement between you and eTPH concerning the eTPH Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and eTPH's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. eTPH reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the eTPH Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND eTPH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE eTPH WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

eTPH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROMOTIONAL OFFER USED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A PROMOTIONAL CODE IS NON-FUNCTIONAL, THE USER'S SOLE REMEMDY, AND eTPH' SOLE LIABILITY, SHALL BE REPLACEMENT WITH THE SAME OR SIMILAR OFFER.

Canceling the Service.

If you would like to delete your eTPH account, you need to send an email from the email address used to create your eTPH account requesting that we delete your account for you. Once you have cancelled your account, all images and content uploaded to your eTPH account will be deleted and will no longer be available.