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Web Site Use Agreement |
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APV-PHOTO.COM WEB SITE USE AGREEMENT
This version in force since January 1st, 2003
Please read this agreement carefully. It governs your use of the Apv-photo.com
web site and the services and goods provided through the web site (collectively
the "web site"). It exempts Apv-photo.com Ltd. and other persons from liability
or limits their liability and contains other important provisions that you
should read. Each time you use the web site you acknowledge and signify that
you have read, understood, and agreed to be bound by this agreement. If you do
not agree with each provision of this agreement each time you use the web site,
you may not use the web site.
Each time you use the web site, the text of this agreement as it then reads
will govern your use. Accordingly, when you use the web site you should check
the date of this agreement and review any changes since the last version.
This Agreement contains the following provisions
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Permitted Users and Access
4. Misprints and Errors, Product Availability, Prices, and Orders
5. No Advice or Solicitation
6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
7. Login Names and Passwords
8. Termination of this Agreement and the Web Site
9. Information Submissions
10. Ownership and Permitted Use of the Web Site
11. Personal Information Privacy
12. Trade-mark Information
13. Other Sites
14. Linking and Framing the Web Site
15. Postings and Unsolicited Submissions
16. Transaction Agreements
17. Software Agreements
18. Contests
19. Governing Law and Dispute Resolution
20. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and Apv-photo.com Ltd. ("apv-photo.com"), and
governs your use of the apv-photo.ca Web site and its content and the services
and goods provided through the Web site (collectively the "Web Site"). Each
time you use the Web Site you signify your acceptance and agreement, and the
acceptance and agreement of any person you purport to represent (and for
purposes of this Agreement, "person" includes any type of incorporated or
unincorporated entity), without limitation or qualification, to be bound by
this Agreement, and you represent and warrant that you have the legal authority
to agree to and accept this Agreement on behalf of yourself and any person you
purport to represent. If you do not agree with each provision of this
Agreement, or you are not authorized to agree to and accept this Agreement, or
you do not have the legal authority to agree to and accept this Agreement, you
may not use the Web Site.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner.
apv-photo.com may, in its sole discretion, change, supplement or amend this
Agreement as it relates to your future use of the Web Site from time to time,
for any reason, and without any notice or liability to you or any other person,
by posting a revised Agreement on the Web Site.
3. PERMITTED USERS AND ACCESS
The Web Site may be used only by persons who have reached
the age of majority or legal age in their jurisdictions and who can form
legally binding contracts under applicable law. The Web Site may not be used by
persons in jurisdictions where access to or use of the Web Site or any part of
it may be illegal or prohibited. It is solely your responsibility to determine
whether your use of the Web Site is lawful, and you must comply with all
applicable laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS
apv-photo.com endeavours to provide current and accurate information on the
Web Site. Nevertheless, misprints or other errors may occur. Accordingly,
apv-photo.com reserves the right to change the prices, fees and charges
regarding the goods and services available through the Web Site at any time and
from time to time without any notice or liability to you or any other person.
Also, apv-photo.com cannot guarantee that goods or services advertised on the
Web Site will be available when ordered or thereafter. apv-photo.com also
reserves the right at any time to reject, correct, cancel or terminate any
order. If you order goods or services for which the price was incorrectly
displayed, apv-photo.com will provide you with an opportunity to cancel your
order. If you order goods or services that are not available, apv-photo.com
will notify you by email. apv-photo.com reserves the right to limit quantities
licensed or sold.
The advertisements on the Web Site are invitations for purchase orders, and are
not offers to sell. Your properly completed and delivered order form
constitutes your offer to purchase the goods or services referenced in your
order. Your order shall be deemed to be accepted only if and when
apv-photo.com sends an order acceptance and shipping notice email to your
email address. If you wish to cancel an order, you may request a cancellation
by sending an email to support@apv-photo.com.
However, apv-photo.com may not receive and process your cancellation request
before it accepts and processes your order, in which case your cancellation
request may not be effective.
5. NO ADVICE OR SOLICITATION
The web site is for convenience and informational purposes only. The web site is
not intended to be a comprehensive or detailed statement concerning the matters
addressed; advice or recommendations; or an offer to sell or buy any product or
service. You should seek professional advice and recommendations before acting
or omitting to act based upon any information provided on or though the web site.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
apv-photo.com strives to make your use of the Web Site a useful and enjoyable
experience, and a safe and easy way to purchase goods over the Internet.
Nevertheless, apv-photo.com and its service providers (the "Providers") do not
accept any liability for your use of the Web Site. For that reason, the
following provisions apply to your use of the Web Site:
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DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT
ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY,
ALL OF WHICH ARE HEREBY DISCLAIMED BY APV-PHOTO.COM AND THE PROVIDERS TO THE
FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT APV-PHOTO.COM OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT
ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND
APV-PHOTO.COM'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS
OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
APV-PHOTO.COM IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE
WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN
COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR
OWN RISK. APV-PHOTO.COM IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS
ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APV-PHOTO.COM AND ITS
PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
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THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND
SOFTWARE;
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THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE
FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
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THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE,
COMPLETE, SEQUENTIAL, OR TIMELY;
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CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
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THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY
INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE
OR DISRUPTIVE COMPONENTS; OR
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THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL
PROPERTY RIGHTS) OF ANY PERSON;
AND APV-PHOTO.COM AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING
SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
APV-PHOTO.COM AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME
OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL,
INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM,
CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER
PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY
APV-PHOTO.COM OR ANY PROVIDER OR ANY PERSON FOR WHOM APV-PHOTO.COM OR ITS
PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT APV-PHOTO.COM OR ITS
PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES
BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL APV-PHOTO.COM'S OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO
YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY
OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY APV-PHOTO.COM OR ANY PERSON FOR WHOM APV-PHOTO.COM IS RESPONSIBLE, EXCEED
$25 (CDN) OR THE AMOUNT YOU PAID TO APV-PHOTO.COM FOR THE USE OF THE WEB SITE,
WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF APV-PHOTO.COM AND ITS
PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES,
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER
OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW
OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE
OF THE WEB SITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF APV-PHOTO.COM AND ITS
PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES,
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE
"INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND
COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES,
INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND
ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR
BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY
REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY APV-PHOTO.COM OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR
CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS,
AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities
is prohibited by legislation in some jurisdictions. Such legislative
limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and
indemnity provisions in this Agreement survive indefinitely after the
termination of this Agreement.
7. LOGIN NAMES AND PASSWORDS
Web Site accounts may be accessed only by use of a unique login name and
password. The use of a password does not restrict access by apv-photo.com and
its Providers to the password-protected information. Login names and passwords
may not be shared. For security reasons, you must keep your login name and
password confidential and not disclose them to any person or permit any other
person to use them, except an authorized apv-photo.com representative. Also,
passwords must be non-obvious, hard-to-guess, confidential and changed on a
regular basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name
and password and for all activities that occur under your login name and
password. You must ensure that all uses of your login name and password comply
with this Agreement.
You must immediately notify apv-photo.com of any unauthorized use of your
login name or password, or if you know or suspect that your login name or
password has been lost or stolen, has become known to any other person, or has
been otherwise compromised.
All login names and passwords remain the property of apv-photo.com, and may be
cancelled or suspended at any time by apv-photo.com without any notice or
liability to you or any other person. apv-photo.com is not under any
obligation to verify the actual identity or authority of the user of any login
name or password.
You must respond promptly to all email and other correspondence from
apv-photo.com, including without limitation email and correspondence
concerning complaints or concerns regarding your use of your login name or
password or your use of the Web Site.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE
CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
8. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web
Site.
apv-photo.com may, in its sole discretion, change, suspend or terminate,
temporarily or permanently, the Web Site or any part of it or any of its
features at any time, for any reason, without any notice or liability to you or
any other person.
apv-photo.com may at any time and for any reason, with or without cause, and
in its sole discretion, immediately suspend or terminate (in whole or in part)
your permission to use the Web Site and your user password, all without any
notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by you
or apv-photo.com for any reason, this Agreement will nevertheless continue to
apply and be binding upon you in respect of your prior use of the Web Site and
your purchases of goods and services through the Web Site and anything
connected with, relating to or arising from those matters.
9. INFORMATION SUBMISSIONS
All information you provide through the Web Site, including registration
information (name and email address), payment information (credit card numbers
and expiration dates), and transaction-related information, must be true,
accurate, current and complete. You must also provide apv-photo.com with
updated registration information and payment information within 30 days of any
changes.
apv-photo.com will rely on the information you provide. You will be solely
responsible and liable for any and all loss, damage, and additional costs that
you, apv-photo.com or any other person may incur as a result of your
submission of any false, incorrect or incomplete information or your failure to
update your registration information and payment information within 30 days of
any change. apv-photo.com may require a copy of a government-issued form of
identification before making any changes to your registration information.
10. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and audio forms),
images, icons, software, design, applications and other elements available on
or through the Web Site are the property of apv-photo.com, its Providers and
others, and are protected by United States of American and international copyright,
trade-mark, and other laws. Your use of the Web Site does not transfer to you any
ownership or other rights in the Web Site or its content. You may only use the Web Site
in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this
Agreement. In particular, except as expressly stated otherwise in this
Agreement, the Web Site may not be copied, imitated, reproduced, republished,
uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in
any way, in whole or in part, without the express prior written consent of
apv-photo.com. You may not use any of the software that is used in the
operation of the Web Site except while you are use the Web Site. You may not
reproduce, copy, duplicate, sell, or resell any part of the Web Site (including
the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may access
and browse the Web Site using commercially available, SSL-capable Web browser
software. You may print or download the pages of the Web Site for your personal
use provided that you do not modify any of the Web Site pages or other content
and you do not remove or alter any visible or non-visible identification,
marks, notices, or disclaimers.
11. PERSONAL INFORMATION PRIVACY
apv-photo.com collects, uses, and discloses your personal information in
accordance with the Privacy Policy, which is available
here. apv-photo.com may change the Privacy Policy from time to time in
its sole discretion. By accepting this Agreement, and each time you use the Web
Site, you consent to apv-photo.com's collection, use and disclosure of your
personal information in accordance with the Privacy Policy as it then exists
without any further notice or any liability to you or any other person.
12. TRADE-MARK INFORMATION
Apv photo™, apv-photo.com™, apv-photo.com™, the APV-PHOTO.com
logo, the APV-PHOTO logo, are registered and unregistered trade-marks and
trade names owned by Apv Photo Ltd. and licensed to apv-photo.com. Other
product and company names and logos appearing on the Web Site may be registered
or unregistered trade-names, trade-marks and service-marks of their respective
owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively
"Marks") displayed on the Web Site, except as expressly provided in this
Agreement, is strictly prohibited. Nothing appearing on the Web Site or
elsewhere shall be construed as granting, by implication, estoppel, or
otherwise, any licence or right to use any Marks displayed on the Web Site.
13. OTHER SITES
The Web Site may include advertisements for, and links to, other Web sites or
resources and businesses operated by other persons ("Other Sites"). Other Sites
are independent from apv-photo.com, and apv-photo.com has no responsibility
or liability for or control over Other Sites, their business, goods, services,
or content. Links to Other Sites are provided solely for your convenience.
apv-photo.com does not sponsor or endorse any Other Sites or their content or
the goods or services available through those other Web Sites. Your use of
Other Sites and your dealings with the owners or operators of Other Sites is at
your own risk, and you shall not make any claim against apv-photo.com arising
out of your use of any Other Sites or your dealings with the owners or
operators of any Other Sites. As between you and apv-photo.com, the provisions
of this Agreement under the section headed Disclaimer, Liability Exclusion,
Liability Limitation, Release and Indemnity apply, with all necessary
modifications, to your access to and use of any Other Sites and their business,
goods, services, and content.
14. LINKING AND FRAMING THE WEB SITE
Links to the Web Site without the express written permission of apv-photo.com
are strictly prohibited. To request permission to link to the Web Site, please
contact postmaster@apv-photo.com.
apv-photo.com reserves the right to cancel and revoke any permission it may
give to link to the Web Site at any time, for any reason, without any notice,
and without any liability to you or any other person. The framing of the Web
Site or any of its content in any form and by any method is strictly
prohibited.
15. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey™ or Third Voice™ in
connection with your use of the Web Site or to post comments, communications,
or any other data of any kind to or on the Web Site with the intention that
such postings may be viewed by other users of the Web Site.
apv-photo.com does not accept or consider unsolicited ideas, including ideas
for new advertising campaigns, new promotions, new or improved goods, services
or technologies, product enhancements, processes, materials, marketing plans,
or new product names. The purpose of this policy is to avoid potential
misunderstandings or disputes. Accordingly, please do not send any unsolicited
ideas, suggestions or other materials ("Submissions") to apv-photo.com or the
Web Site.
If you send Submissions to apv-photo.com or the Web Site you automatically
grant (or warrant that the owner of the Submissions grants) to apv-photo.com
and its assigns a perpetual, royalty-free, irrevocable, unrestricted,
non-exclusive, world-wide, assignable, sub-licensable, right and license to
use, copy, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, display and otherwise exploit the Submissions
or any ideas, concepts, know-how or techniques associated with the Submissions
for any purpose whatsoever, commercial or otherwise, using any form, media or
technology now known or later developed, without providing compensation to you
or any other person, without any liability whatsoever, and free from any
obligation of confidence or other duties on the part of apv-photo.com or its
assigns, and you agree, represent and warrant that all moral rights in the
Submissions are waived in favour of apv-photo.com and its assigns.
16. TRANSACTION AGREEMENTS
All transactions through the Web Site, including the purchase and sale of goods
and services and the licensing of software, are governed by this Agreement and
any applicable Transaction Agreement. By participating in a transaction through
the Web Site, you signify your agreement and acceptance of the applicable
Transaction Agreement.
17. SOFTWARE AGREEMENTS
apv-photo.com may cause software to be available for you to download from the
Web Site or through other Web sites, including Web sites operated by Providers.
The software is protected by copyright, and your downloading and use of the
software are governed by the applicable Transaction Agreement and the Software
Licence Agreement specific to the software. By downloading software, you
signify your agreement and acceptance of the applicable Transaction Agreement
and Software Licence Agreement.
18. CONTESTS
From time to time apv-photo.com may make contests available to users of the
Web Site and others. All contests are governed by this Agreement and the
applicable Contest Rules. By participating in a contest through the Web Site,
you signify your agreement and acceptance of this Agreement and the applicable
Contest Rules.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The Web Site is controlled by apv-photo.com from Riverside, California.
This Agreement, your use of the Web Site, and all related matters are governed
solely by the laws of the California, USA and applicable federal laws
of the United States of America, excluding any rules of private international law
or the conflict of laws which would lead to the application of any other laws.
Any dispute between apv-photo.com and you or any other person arising from,
connected with or relating to the Web Site, this Agreement or any related
matters must be resolved before the Courts of California sitting in the
City of Riverside, California, USA, and you hereby irrevocably submit
and attorn to the original and exclusive jurisdiction of those Courts in
respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or
relating to your use of the Web Site, this Agreement, or any related matters
must be commenced in a court of competent jurisdiction in the City of
Riverside, California, USA within six (6) months after the claim or
cause of action arises, after which time the claim or cause of action is
forever barred, regardless of any statute or law to the contrary.
20. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed to be severed from
the rest of this Agreement and shall not affect the validity and enforceability
of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding
upon each of apv-photo.com and its Providers and each of their respective
successors and assigns and related persons, including without limitation Future
Shop Ltd., and you and your heirs, executors, administrators, successors,
permitted assigns, and personal representatives. You may not assign this
Agreement or your rights and obligations under this Agreement without the
express prior written consent of apv-photo.com, which may be withheld in
apv-photo.com's sole discretion. apv-photo.com may assign this Agreement and
its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default
under this Agreement will constitute a continuing waiver of such breach or
default or be deemed to be a waiver of any preceding or subsequent breach or
default.
You and apv-photo.com are independent contractors and no agency, partnership,
joint venture, employment or franchise relationship is intended or created by
this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all
other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to
apv-photo.com.
This Agreement is subject to change without notice.
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