The following terms of service (these “Terms of Service”), govern your access to and use of the InAction.Photography website, including any content, functionality and services offered on or through www.inaction.photos (the “Site”) by eHome Travel Group Inc. (6040-4000 No. 3 Road, Richmond, BC, Canada).
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the InAction services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.
The original language of these Terms of Service, as well as all other texts throughout the Site, is in English. In case of conflicts between the original English version and any other translation, the English version shall prevail.
Accounts and Membership to Sellers
Our members must be 18 years of age and up to use our website and services. To all photographers, if you create an account on our Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you. We may delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services.
Relationship Between InAction.Photography and Photographers
InAction.Photography does not provide any photography services. Photography services are provided by Photographers, who are not employees of InAction.Photography. Our Site acts solely as a Platform that offers the Photographer the possibility to use this online platform to market his/her photos and services.
User Content to Photographers
InAction.Photography do not own any photo, information or material (collectively, “Content”) that you submit on our Site in the course of using our Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted content. We may monitor and review the content on our Site submitted or created using our Services by you.
You grant us permission to access, copy, distribute, store, display and perform the content of your user account for the purpose of providing the Services to you and your customers.
We have the right to remove any inappropriate content. You give us the license to reproduce and distribute your photos for all commercial related purposes.
Ownership and limitations: When purchasing photos, except postcard photos, on InAction.Photography, photo-buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Photographers, and the photographer waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the photos. For removal of doubt, the delivered photos and its copyright shall be the exclusive property of the photo buyer and, upon delivery, the photographer agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the customer. Lastly, regarding postcard photos, ownership always go back to the photographer.
Billing and Payments to Photographers
You shall pay all fees to your account on time. If auto-renewal is enabled for our Services you have subscribed for, you will be charged automatically.
As the photographer, you have the right to change your photo pricing. You have the sole ownership and responsibility for your photos posted before the photo sold on our Site.
Accuracy of Information Including Sellers
Occasionally there may be information on our Site that contains typographical errors.
We reserve the right to correct errors. As the photographer, you need to update and refresh your contents as needed.
Our Site reserves the right to change the contents at any time without prior notice.
Third Party Services to Our Members Including Sellers and Buyers
If you decide to access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including yours) or any interaction between you and the provider of such other services.
You irrevocably waive any claim against our Site with respect to such other services.
To find out the relevant info concerning the other services, you may be required to register for or log into such other services on their respective platforms. Should you need to get hold of the other services that we use, you are welcome to contact us.
By enabling any other services, you are expressly permitting our Site to disclose your personal and payment data as necessary to facilitate the use or enablement of such other service.
Backups to Our Members
We perform regular backups of our Site and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime. However, we cannot be responsible for any data loss during the process.
LIMITATION OF LIABILITY: NEITHER INACTION.PHOTOS NOR PHOTOGRAPHERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THE DIGITAL MEDIA FILES, OR OTHER PHOTO IMAGE FILES AND OTHER DIGITAL CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF INACTION.PHOTOS / PHOTOGRAPHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INACTION.PHOTOS / PHOTOGRAPHERS’ ENTIRE LIABILITY SHALL BE LIMITED TO THE REFUND OF THE PURCHASE PRICE PAID only.
Links to Other Resources to Our Members
Although our Site and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item or use their services, our Site will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Prohibited Uses to Photographers
In addition to other terms as set forth in the Agreement, you are prohibited from using our Site and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual Property Rights to Our Sellers
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by InAction.Photography. And all rights, titles, and interests in and to such property will remain (as between the parties) solely with InAction.Photography.
All trademarks, service marks, graphics and logos used in connection with our Site and Services, are trademarks or registered trademarks of InAction.Photography and its licensor. Other trademarks, service marks, graphics and logos used in connection with our Platform and Services may be the trademarks of other third parties. Your use of our Platform and Services grants you no right or license to reproduce.
Disclaimer of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of our Site and Services is solely at your own risk. We expressly disclaim all warranties of any kind. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will our Site., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of our Site. relating to the services will be limited to the actual set prices posted prior to the event. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of British Columbia, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in British Columbia, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@InAction.Photosgraphy.