Terms & Conditions
searsportrait.ca

Welcome to the Internet site of Sears Portrait Studio Canada. This internet site (the "Web Site") is operated by Photos Unlimited, LLC., doing business as "Sears Portrait", "Studio de Photographie Sears" and www.searsportrait.ca, “searsportrait.ca” (collectively, "Sears Portrait"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since the use of this Internet site is subject to the legal terms and conditions outlined below (collectively, the "Terms and Conditions"). Your use of this Internet site in any manner, including browsing, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Sears Portrait reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we urge you to read them carefully each time you use this Internet site. Please note that the guidelines, policies and other terms and conditions of use and sale at Sears Portrait Studio in Sears retail stores and other Sears-affiliated or co-branded websites may vary. Please also see our Privacy Policy

Usage Restrictions

The entire contents of this site are copyrighted under Canadian law and protected by worldwide copyright laws and treaty provisions. Materials from the Sears Portrait Studio web site may not be copied, distributed or transmitted in any way without prior written consent of Sears Portrait. Users of the site MAY download one copy of any and all materials on the site for personal, non-commercial use provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All material on this site is provided for lawful purposes only. We reserve complete title and full intellectual property rights for materials downloaded from the site.

Personal and Non-Commercial Use Limitation

You may copy electronically or print hard copies of any of the Web pages from this Internet site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Sears Portrait. Except when the express written authorization of Sears Portrait is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet site. Sears Portrait reserves complete title and full intellectual property rights on any material that you may copy electronically or print from this Internet site.

Links to Other Internet sites Are Not Endorsement

This Internet site may contain links to other Internet sites, which are provided to you for your convenience. Please note that the provision of any links to other Internet sites does not constitute an endorsement by Sears Portrait of such linked sites. All such other Internet sites are wholly independent from this Internet site and from Sears Portrait and Sears Portrait has no control or power over such other Internet sites including their content. If you visit any of the linked Internet sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

Prohibited or Unlawful Use

You warrant to Sears Portrait that you will not use this Internet site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet site.

Proprietary Rights

"searsportrait.ca", Photos Unlimited, LLC logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner. All content of this Internet site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Sears Portrait or by third parties who have licensed their rights to Sears Portrait. All such rights are expressly reserved.

Feedback

This Internet site enables you to provide feedback. If you provide feedback you grant Sears Portrait a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback throughout the world in any media. You also grant Sears Portrait the right to use the name you submit with the feedback, if any, in connection with the feedback.

Submissions to www.searsportrait.ca and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Sears Portrait through this site is the exclusive property of Sears Portrait. Sears Portrait is entitled to use any information submitted for any purpose without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Sears Portrait and accepts responsibility for its accuracy, appropriateness and legality.

Disclaimer

Please note that all content on this Internet site is provided on an "as is" and "as available" basis. Sears Portrait disclaims, and you hereby waive any and all warranties and liabilities of Sears Portrait, whether express or implied, arising by operation of law or otherwise, with respect to this Internet site or any site linked to this site, and any content contained in this site or any site linked to this site, including but not limited to any: implied warranty of merchantability or fitness for a particular purpose; implied warranty of non-infringement; and claim in tort (including negligence). Without limiting the foregoing, you acknowledge that Sears Portrait does not represent or warrant that this Internet site will be accessible without interruption or that this Internet site or the server that makes this Internet site available are free from errors, defects, design flaws, or omissions or from viruses or other harmful components. Sears Portrait does not warrant the accuracy, integrity, or completeness of the content provided in this Internet site, including any advice or other similar information obtained by you from us or through this Internet site. Sears Portrait does not make any representation that the content provided is applicable or appropriate for use in locations outside of Canada.

Liability Restrictions

Sears Portrait is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will Sears Portrait or its suppliers be liable for any damages or injuries that result from the use of the materials on this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to you. The materials on this site are provided "as is" and without warranties of any kind to the fullest extent permissible pursuant to applicable laws. Sears Portrait may provide links to other sites that are not maintained by us. Sears Portrait does not endorse those sites and is not responsible for the content of such other sites.

IN NO EVENT SHALL SEARS PORTRAIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, OR PASSIVE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF SEARS PORTRAIT OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SEARS PORTRAIT'S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Errors, Inaccuracies or Omissions

Sears Portrait makes every effort to ensure that the Content on this Internet site is complete, accurate, and current. However, we do not guarantee that the information contained on this Internet site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Sears Portrait reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.

Colours

Please note that although Sears Portrait attempts to display the colours of the product shown on this Internet site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

Entire Agreement

These Terms and Conditions together with the Privacy Policy section of this Internet site, constitute the entire agreement between Sears Portrait and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Sears Portrait and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Privacy Policy, these Terms and Conditions shall prevail.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

These Terms and Conditions as well as the use of this Internet site are governed and interpreted pursuant to laws of the province of Ontario and the laws of Canada applicable therein, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Sears Portrait may revise these terms and conditions at any time by updating this posting.

(c)2015 Photos Unlimited, LLC. All rights reserved. Photos Unlimited, LLC operates Sears Portrait Studio under a license agreement with Sears Canada Inc.