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The following agreements and resources below govern your use of the KODAK Gallery Canada service offered at www.kodakgallery.ca.

Terms of Service

Introduction

Last revised March 26, 2008

Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you through link and derivative sites on which these Terms are posted (collectively, "the Service" or "the Site").

By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have read and agree to be bound by the full Terms, including the wording set out in Part B of these Terms. Special Note to Members: In order to maintain free storage of your images, you need to make a purchase at least once every 12 months. See Section 20 for details.

Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)

  1. Operator

    2. This Service is operated by Qualex Canada Photofinishing Inc. ("Kodak Canada "), a company incorporated under the laws of Canada whose principal business address is 175 Barton Street East, Stoney Creek, ON L8E 2K3.

    Kodak Canada is also referred to in these Terms as "we" and "us".

  2. Purpose of the Service

    3. Kodak Canada offers digital photography services that provide the ability to view, share, store and print digital images through a range of electronic devices including personal computers and hand-held devices.

  3. Availability

    4. Kodak Canada uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Kodak Canada. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Kodak Canada.You agree that Kodak Canada shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.

  4. Privacy

    5. We have a firm commitment to safeguarding your privacy. Please review Kodak Canada's Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.

  5. Trademarks

    6. All brand, product and service names used in this Service which identify Kodak Canada, its ultimate parent company Eastman Kodak Company ("Kodak") or third parties and their products and services are proprietary marks of Kodak Canada, Kodak and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Kodak Canada, Kodak or any third party with respect to any such image, logo or name.

  6. Copyright

    7. Kodak Canada or Kodak is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our Copyright Notice.

  7. Reporting Violations of Your Copyrights

    8. If you believe the copyright in your work has been violated through this Service, please contact Kodak Canada 's agent for notice of claims of copyright infringement, who can be reached at mailto,or at Kodak Gallery Canada, attention: Copyright Agent, 1480 64th Street, Suite 300, Emeryville, CA 94608, or at (800) 360-9098 or (512)-651-9770 (from outside the US or Canada). You must provide our agent with the following information, which Kodak Canada may then forward to the alleged infringer:

    1. identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
    2. provide your address, telephone number and email address;
    3. provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    4. provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
    5. provide your physical or electronic signature. Upon receiving your complaint, Kodak Canada may remove content that you believe infringes your copyright. In addition, Kodak Canada may terminate the account of the member who appears to be infringing your intellectual property rights.

  8. External Links

    9. From time to time Kodak Canada may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Kodak Canada is not liable for any loss or damage that you may suffer by using other websites.

  9. Amendment of the Terms

    10. We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Kodak Canada for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

  10. Applicable Law and Jurisdiction

    11. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.

  11. THE SERVICE, KODAK CANADA 'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES OR CONDITIONS WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, KODAK CANADA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.

    YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO KODAK CANADA, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR DAMAGE TO YOUR FILM, KODAK CANADA SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY KODAK CANADA, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.

    EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE KODAK CANADA 'S SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF KODAK CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY

  12. Conduct

    13. You agree not to use the Service:

    1. for any unlawful purposes;
    2. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
    3. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Kodak Canada and Eastman Kodak;
    4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
    5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
    6. to attempt to upload images by any method to another user’s account without permission
    7. to upload, post, email or otherwise transmit any material which is likely to cause harm to Kodak Canada or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
    8. to make images hosted by Kodak Canada available for viewing by the general public through a publicly posted link to the image or otherwise (other than through the public gallery you create using the Premier Service or through your Marketplace as described in Parts C and D of these Terms);
    9. for any commercial purpose other than to permit a recipient with whom you have shared your images, anyone who accesses the images in the public gallery you create using the Premier Service, or visitors to your Marketplace (see Parts C and D of these Terms), to order from us photographic prints or products containing those images;
    10. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    11. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
    12. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.

    You further agree that you shall not:

    1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
    2. provide any information to Kodak Canada that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
    3. resell the Service or any portion of the Service.

  13. Indemnification

    14. You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless Kodak Canada, our parent company Eastman Kodak, its and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.

  14. General

    15. These Terms constitute the entire agreement between Kodak Canada and you with respect to your use of the Service. Kodak Canada's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

  15. Comments

    16. If you have any comments or questions about the Service please contact us at Customer Service or by telephone at phone. Please note that telephone calls made by you to Kodak Canada may be randomly recorded and monitored for training and quality assurance.

    Part B: Additional Provisions Applicable to Registered Members and Customers

    In addition to the provisions of Part A of these Terms, the following provisions shall apply to registered members and customers of the Service.

  16. Formation of a Binding Contract

    17. The information set out in this Part B of these Terms will provide you with additional information you need to review and accept prior to making a purchase through our Service. No contract will exist between you and Kodak Canada for the supply of any services or products unless and until (i) you check a box to indicate you have read and agree to be bound by these Terms and (ii) Kodak Canada accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication. Such confirmation will be sent to you within 15 days from the date the contract is formed.

  17. Supplier Contact Information

    18. The Services are operated by Qualex Canada Photofinishing Inc. Please contact Roy Elliott, Canadian Operations Manager, at 175 Barton Street East, Stoney Creek, ON L8E 2K, or at 1-800-263-1389 x2121, or at roy.elliott@kodak.com

  18. Registration

    19. To purchase from or register as a member of the Service you must be 18 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

  19. Password

    20. When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Kodak Canada immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

  20. Storage Policy

    21. Kodak Canada provides free online storage of images to its members for an initial period of 12 months from the date you first upload an image to your account. To maintain free storage, you need to make a purchase on kodakgallery.ca from Kodak Canada at least once every 12 months (the 12 month period will restart with each purchase). If you do not purchase any product or service from us for a period of 12 months, we may delete the images stored in your account. In addition, if your account becomes inactive for a period of 60 months, Kodak Canada may, at its option, terminate access to the account altogether (including deletion of any account information held on kodakgallery.ca by Kodak Canada). We may change this policy at any time, upon reasonable notice to you.

    In addition to images, Kodak Canada will accept video file uploads up to 15 megabytes per file, and a maximum of 150 megabytes of video files per member account. Kodak Canada will store each video file for 30 days, and reserves the right to remove the video file from the account 30 days after it has been uploaded.

  21. Pricing and Product Information

    22. All prices are stated in Canadian dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Taxes and shipping charges will be added to your order during the checkout process. Kodak Canada makes every effort to provide current and accurate information about products, services and prices, including the total amount payable by you for each order. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the Service was incorrect, Kodak Canada will contact you to let you know the correct price and ask you whether you still wish Kodak Canada to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

  22. Customer Cancellation of Contract and Right to Return

    23. You may cancel this contract (i) within 30 days after the date the agreement is entered into if we failed to provide you with a copy of the agreement or (ii) at any time from the date the contract is entered into until 7 days you received a copy of the contract if we failed to provide you with an opportunity to accept or decline the agreement or failed to disclose to you information required by the applicable Consumer Protection Act. If you cancel the contract, we may cancel your account and delete any images that you have uploaded to your account. You may return any item which you have ordered from us for any reason within 30 days of receipt. Please read carefully Kodak Canada's Return Policy which forms part of these Terms.

  23. Image Rights, Sharing and "Favorites"

    24. Kodak Canada does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Service (for example, in slideshows and on sample merchandise) and fulfill any orders for you or others who have access to your images, you grant to Kodak Canada a non-exclusive, royalty-free license to use, copy, distribute and display those images.

    The Service allows you to share images by creating a gallery homepage and adding albums to that gallery, by using the "Share Photos" tab to send an email containing a URL link to one of your albums, or by sending an individual image to a phone. Please note that when you share images, you allow the recipients to share the images with others, add them to their own accounts or galleries, and make photographic prints from those images.

    The Service also may allow you, and others with whom you have shared your pictures, to mark a picture as a "Favorite". Pictures marked as "Favorites" may be sent to compatible playback devices, such as certain digital cameras and picture viewers. See the description of the Favorites feature on the website for more information.

  24. Responsibility for Your Images

    25. You are responsible for all of the images you upload, share or copy using the Service. You must either own all right, title and interest in and to the copyrights in the images or have express permission from the copyright owner to copy and use such images for all purposes related to the Service, and the images may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.

  25. Monitoring of Content

    26. Kodak Canada does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

  26. Suspension and Termination of Access and Membership

    27. You agree that Kodak Canada may at any time without notice:

    1. refuse to accept your application to become a member;
    2. move, change, or suspend any part of the Service; or
    3. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Kodak Canada 's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
  27. Comments Posted to Galleries

    28. If you post a comment to a gallery established by a member who subscribes to the Premier Service, you understand and agree that anyone with access to the gallery will be able to access, use and/or disclose any information that you include in any such comment (including, without limitation, any personal information such as your name, e-mail address, etc.), unless you select the option to restrict your comment to only the gallery owner. If you do not want the public (or in the case of password-protected galleries, people with access to the password) to be able to access your comments, you should select the option to restrict access to the owner. You understand and agree that Kodak Canada shall not be liable for any access to, use of or disclosure of any information you include in any such comment.

    Part C: Additional Provisions Applicable to Subscribers to Gallery Premier Service or Gallery Mobile Service

    In addition to the provisions of Part A and Part B of these Terms, the following provisions shall apply to registered members who subscribe to the Gallery Premier Service or Gallery Mobile Service. (Note: currently, these services are available to members only on the www.kodakgallery.com site operated by Kodak Imaging Network, Inc.). For purposes of these Terms, "gallery" means the homepage established by a subscriber to the Premier Service.

  28. Access to individual galleries

    29. If you subscribe to the Premier Service, you will have the ability to select a personal URL to serve as your own gallery and to post any of your images to that gallery. You are responsible for, and will have the ability to edit and delete, all content in your gallery. We reserve the right to require you to change the URL for your gallery.

    You will have the option to limit access to your gallery by selecting a password. Please see Section 18 for your obligations regarding password security. If you enable the password protection option for your gallery, visitors will be prompted to enter a password on a page that displays only one image from your albums, and they will get full access to your images only if they enter your password. If you do not enable a password for your gallery, anyone will be able to access and review all of the images and other content (including comments) in your gallery, and download and order prints or merchandise containing the images. If you do not want the public to be able to access all of your images, you should enable the password protection feature in your gallery. You understand and agree that Kodak Imaging Network shall not be liable for any access to, use of or disclosure of any image, comment or other content in your gallery.

    As a subscriber to the Premier Service, when you post a comment to a gallery established by another subscriber to the Premier Service, you create a link to your own gallery. Others may be able to access your gallery through that link, depending on whether you published your comment to all guests or only the owner of that gallery, and whether you have password-protected your gallery.

  29. Storage

    30. For as long as you are a subscriber to the Gallery Premier Service or Gallery Mobile Service, you will not, as described in Section 20 of these Terms, need to make a purchase on kodakgallery.ca from Kodak Canada at least once every 12 months to maintain storage of your images. Upon termination of your subscription(s) to the Premier and Mobile Service, however, the terms of Section 20 of these Terms will apply to your stored images.

  30. Subscription Fee

    31. By subscribing to the Gallery Premier Service or Gallery Mobile Service, you agree to pay the subscription fee identified at the time you subscribe. Your subscription will remain in effect from the date on which you subscribe until the end of the subscription period you have selected. Your subscription will renew automatically at the end of the subscription period, unless you cancel it before the end of your current subscription period. (See Section 32 for how to cancel.) We reserve the right at any time to change the subscription fee or subscription structure for the Premier and/or Mobile Services. In no event will you be charged any new or additional fee unless we obtain your prior agreement to pay such fee. If you do not consent to such fee, however, you will no longer receive the Service which is affected by the fee change.

  31. Refund Policy

    32. Except as described in Section 33 of these Terms, we will not refund any fees paid for subscriptions to the Gallery Premier or Gallery Mobile Service. It is your responsibility to determine if the Premier or Mobile Service meets your needs before you subscribe.

  32. Cancellation

    33. You may cancel your subscription to the Gallery Premier Service or Gallery Mobile Service at any time. To do so, login to your account and visit the "My Account - Subscription" section. If you do cancel, you will not receive a refund of your subscription fee for the current subscription period (but you will continue to have access to the Gallery Premier Service or Gallery Mobile Service for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe again after the original expiration date of your subscription.

  33. Termination of Premier Service

    34. We may elect, in our sole discretion, to terminate the Gallery Premier Service or Gallery Mobile Service. If we do, we will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee for the period in which such termination occurs. The foregoing applies only to circumstances in which we terminate the Premier Service or Mobile Service for all of our registered members and shall not entitle you to a refund if we terminate your individual access to the Premier Service or Mobile Service because you have failed to comply with any of these Terms.

Return Policy

You may return any product to the Gallery for any reason within 30 days of receipt for an account credit or refund at our discretion. In some cases, we may refund or credit your original shipping cost. For further details, please read our Return Policy.