Terms of Service

Introduction

Last revised January 2012

Please read these Terms of Service (Terms) carefully as they contain the legal terms and conditions that you agree to when you use the online digital photography services (Service) provided to you by Edge Imaging Toronto Inc., via www.edgeimaging.ca and www.edgeimaging.com. If you do not agree with any of these Terms and Conditions, do not use the edgeimaging.ca and the edgeimaging.com website.

By using our Service you agree to be bound by these Terms which contain provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member you will be asked to check a box indicating that you’ve also read and agree to be bound by these Terms.

Owned and Operated

This Service is operated by Edge Imaging Toronto Inc. a company incorporated under the laws of the province of Ontario whose principal business address is 940 Gateway Dr. Burlington, ON, L7L 5K7, Canada. Edge Imaging Toronto Inc. is herein referred to in these Terms as "we" and "us" and "Edge Imaging".

Amendment of the Terms

We reserve the right to amend these Terms from time to time. Registered members will be notified of any material changes to these terms via email. The e-mail will be sent to the address members have provided to Edge Imaging for your account.

Purpose

Edge Imaging offers digital photography services that provide the ability to view, order, pay, and print digital images through a range of electronic devices including personal computers.

Availability

Edge Imaging strives 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 due to failure of telecommunications links and equipment that are beyond the control of Edge Imaging. Measures will be taken to minimize such disruption where it is within the reasonable control of Edge Imaging. You agree that Edge Imaging shall not be liable to you for any modification, suspension or discontinuance of the Service.

Privacy

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

Trademarks and Copyrights

All of the content on www.edgeimaging.ca and www.edgeimaging.com including brand, product names, service names, images, text, illustrations, designs, icons, photographs, programs, graphics and other materials used in this Service are considered proprietary rights of Edge Imaging. Edge Imaging is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. All rights reserved. Reproduction of part or all of the contents in any form is prohibited. No part of this website may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system. Edge Imaging reserves the right to withdraw or modify the licenses set out above at any time.

External Links

Edgeimaging.ca may contain links to and from other websites. Edge Imaging is not responsible for any loss or damages obtained from those websites. Customers are encouraged to understand the privacy practices of those websites.

Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the province of Ontario. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the province of Ontario.

Disclaimer of Warranty and Limitation of Liability

THE SERVICE, EDGE IMAGING'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES WHATSOEVER. ALL EXPRESSED, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED BY EDGE IMAGING. EDGE IMAGING DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE TO THE FULLEST EXTENT BY LAW. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, 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.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT OR DIRECT LOSSES OR DAMAGES ARISING OUT OF THE USE OF THE EDGE IMAGING WEBSITE. THESE ALSO INCLUDE LOSSES OR DAMAGES OF ANY KIND, (WHETHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE) IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION THAT A REPRESENTATIVE OF EDGE IMAGING MIGHT HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OTHERWISE. THESE LOSSES OR DAMAGES MAY ARISE OUT OF (I) THE USE OF OR INABILITY TO USE EDGE IMAGING'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 EDGE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH PROVINCES, EDGE IMAGING'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $50.00 CAD.

Conduct

You agree not to use the Service:

  • for any illegal purposes;
  • to upload, 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, derogatory, vulgar, illegal or otherwise objectionable;
  • to upload, 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, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Edge Imaging;
  • 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;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  • to attempt to upload images by any method to another user’s account without permission;
  • to upload, post, e-mail or otherwise transmit any material which is likely to cause harm to Edge Imaging 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;
  • to make images hosted by Edge Imaging available for viewing by the general public through a publicly posted link to the image or otherwise;
  • to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or;
  • 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:

  • 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;
  • provide any information to Edge Imaging that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;

Registration

To purchase from, or register as a member of, the Service you must be 16 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.

Password

When you register as a member you will be asked to provide a password. You will be responsible for all activities that occur under your password. You should keep your password confidential. You must notify Edge Imaging 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.

Formation of a Binding Contract

No contract will exist between you and Edge Imaging for the supply of any services or products unless and until Edge Imaging accepts your order by a confirmatory e-mail, or other appropriate means of communication.

Pricing and Product Information

All prices are stated in Canadian (CAD) 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. Postage will be added to your order during the checkout process. Edge Imaging makes every effort to provide current and accurate information about products, services and prices but we do not guarantee the accuracy of such information, and we specifically disclaim responsibility for product information provided to you by other sources. 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, Edge Imaging will contact you to let you know the correct price and ask you whether you still wish Edge Imaging to fulfill your order at the correct price.

Each portrait is digitally enhanced with Edge Effect before printing. Your photo order will take a maximum of 10 days to process in lab. Your photo order will be shipped out after 10 days of lab processing. Standard Delivery will ensure your order arrives 3 to 5 business days from the lab shipment date. Each portrait is digitally enhanced with Edge Effect before printing. Your photo order will be shipped out after 10 days of lab processing. Express Delivery will ensure your order arrives the next business day from the lab shipment date. Any dates specified for delivery of any products are intended to be an estimate only.

Right to Return

You may return any item which you have ordered from us that did not arrive in quality manner.

Processing

Each portrait is digitally enhanced with Edge Effect before printing. Your photo order will be shipped out after 10 days of lab processing.

Image Rights

Edge Imaging owns all the rights, titles, and interests in and to the copyrights in the images or has the express permission from the subjects and use such images for all purposes related to the Service. This permission is protected by copyright.

Monitoring of Content

Edge Imaging 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.

Suspension and Termination of Access and Membership

You agree that Edge Imaging may at any time without notice:

  • refuse to accept your application to become a member;
  • move, change, or suspend any part of the Service; or
  • 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 Edge Imaging's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.

General Provisions

These Terms constitute the entire agreement between Edge Imaging and you with respect to your use of the Service. Edge Imaging'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 are invalid, you agree that the remainder of the Terms shall be enforceable.

Comments

If you have any questions or comments about the Service please contact us at customer care or by telephone at 1 (888) 416-3343. Please note that telephone calls made by you to Edge Imaging may be recorded and monitored at random for training and quality assurance.

Online Order Bonus – High School

Click here for full rules and regulations.

Edge Imaging Junior Online Composite Purchase Contest

Click here for full rules and regulations.

Edge Imaging Kinder Online Composite Purchase Contest

Click here for full rules and regulations.