Website Terms and Conditions of Use
The visitors/users/customers of Mike Paschos Photography website, acknowledge and agree to the following terms and conditions:
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable intellectual property, copyright and trademark law.
The materials on Mike Paschos Photography website are provided "as is" without any representations or warranties, express or implied. Mike Paschos makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mike Paschos does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on his internet website or otherwise relating to such materials or on any sites linked to this site.
Without prejudice to the generality of the foregoing paragraph, Mike Paschos does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
3. Use License
You may temporarily view, download one copy of the materials (information or images) on Mike Paschos Photography website for caching purposes, in a personal, non-commercial transitory viewing only.
This is the grant of a license, not a transfer of title, and under this license you must not:
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- sell, rent or sub-license material from the website;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or "mirror" the materials on any other server; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution].
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mike Paschos at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Mike Paschos’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications or for any purposes related to marketing without Mike Paschos’s express written consent.
5. Restricted Access
Access to certain areas of this website is restricted. Mike Paschos reserves the right to restrict access to other areas of this website, or indeed this entire website, at Mike Paschos’s discretion.
If Mike Paschos provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Mike Paschos may disable your user ID and password in Mike Paschos's sole discretion without notice or explanation.
6. Limitations of Liability
In no event shall Mike Paschos or his suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Mike Paschos Photography internet site, even if Mike Paschos or a Mike Paschos Photography authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Mike Paschos will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Mike Paschos has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Mike Paschos's liability in respect of any:
- death or personal injury caused by Mike Paschos's negligence;
- fraud or fraudulent misrepresentation on the part of Mike Paschos; or
- matter which it would be illegal or unlawful for Mike Paschos to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
9. User Content
In these terms and conditions, your "user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit in any manner to this website, for whatever purpose.
You grant to Mike Paschos a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Mike Paschos the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Mike Paschos or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Mike Paschos reserves the right to edit or remove any material submitted to this website, or stored on Mike Paschos Photography's servers, or hosted or published upon this website.
Notwithstanding Mike Paschos's rights under these terms and conditions in relation to user content, Mike Paschos does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
10. Revisions and Errata
The materials appearing on Mike Paschos Photography website could include technical, typographical, or photographic errors. Mike Paschos does not warrant that any of the materials on his website are accurate, complete, or current. Mike Paschos may make changes to the materials contained on its website at any time without notice. Mike Paschos does not, however, make any commitment to update the materials.
11. Links and Other Parties
Mike Paschos has not reviewed all of the sites linked to Mike Paschos Photography website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mike Paschos of the site. Use of any such linked website is at the user's own risk.
12. Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Mike Paschos and undertake to keep Mike Paschos indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Mike Paschos to a third party in settlement of a claim or dispute on the advice of Mike Paschos's legal advisers) incurred or suffered by Mike Paschos arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
14. Breaches of These Terms and Conditions
Without prejudice to Mike Paschos's other rights under these terms and conditions, if you breach these terms and conditions in any way, Mike Paschos may take such action as Mike Paschos deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
15. Site Terms and Conditions of Use Modifications
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Governing Law
These terms and conditions will be governed by and construed in accordance with the laws of Canada, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Toronto, without regard to its conflict of law provisions.
Your privacy is important to Mike Paschos. This privacy statement provides information about the personal information that Mike Paschos collects, and the ways in which Mike Paschos uses that personal information.
1. Personal Information Collection
Mike Paschos may collect and use the following kinds of personal information:
- information about your usage of this website;
- information about transactions carried out over this website;
- information that you provide for the purpose of subscribing to the website services; and
- any other information that you send to Mike Paschos.
2. Using Personal Information
Mike Paschos may use your personal information to:
- administer this website;
- personalise the website for you;
- enable your access to and use of the website services;
- publish information about you on the website;
- send to you products that you purchase;
- supply to you services that you purchase;
- send to you statements and invoices;
- collect payments from you; and
- send you marketing communications.
Where Mike Paschos discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Mike Paschos may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
- As is standard practice on many corporate websites, Mike Paschos Photography utilises cookies and other technologies to assist in determining what components of the website are most popular, and to ensure that online advertising is connecting customers with appropriate products and services. Cookies may also be utilised to study traffic patterns and most importantly, to ensure that your experience in interacting with us is convenient.
4. Securing Your Data
Mike Paschos will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Mike Paschos will store all the personal information you provide on Mike Paschos Photography secure servers. Information relating to electronic transactions entered into via this website will be protected by encryption technology.
5. Sensitive Data
Sensitive data (such as racial or ethnic origin, religious / philosophical beliefs, political views, sexual orientation, health status, etc.) if gathered on the website, will not be transferred to third parties unless you give your consent.
6. Cross-Border Data Transfers
7. Updating This Statement
8. Other Websites
This website contains links to other websites. Mike Paschos is not responsible for the privacy policies or practices of any third party.
9. Contact Mike Paschos
I am committed to conducting business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.