Terms of Use

Last Revised October 15, 2010

By accessing the CAYA® web site (the “Site”) you agree to be bound by the terms and conditions set out below.

1. Operator. This Site is operated by Black’s Photo Corporation (“Black’s”), a company incorporated under the laws of Ontario whose principal business address is 371 Gough Rd, Markham, ON L3R 4B6.

2. No Warranty or Representation. While Black’s uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with Black’s, its suppliers or affiliates. Neither Black’s, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if Black’s has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.

3. Use of Information. You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against Black’s, its suppliers or affiliates. You may not (a) post, publish, reproduce, transmit or otherwise distribute information or material on the Site: (i) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (iii) promoting racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; iv) which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (b) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components; (c) engage in any conduct that impersonates any person, licensed professional, business or entity, including our employees and agents.

4. Trademarks. All brand, product and service names used in this Site which identify Black’s, its parent company TELUS Corporation (“TELUS”) or third parties and their products and services are proprietary marks of Black’s, TELUS and/or the relevant third parties. Nothing in this Site or these Terms and Conditions shall be deemed to confer on any person any license or right with respect to any such proprietary marks.

5. Copyright. Black’s or TELUS is, unless otherwise stated, the owner of all copyright and database rights in the Site 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 Policy.

6. Linkage. This Site may contain links to other web sites that are not under the control of Black’s and Black’s is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Black’s provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Black’s of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.

7. Posts. By posting or uploading any text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips (collectively, “Posts”), you (i) warrant that you own all rights to the Posts and that you will not object to the use of the Posts by Black’s in any manner; (ii) consent to your name, address and e-mail appearing as the contributor of any Post, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Post; (iii) acknowledge and agree that Black’s is not responsible for any loss, damage, or corruption that may occur to your Posts; and (iv) acknowledge and agree that any Posts you provide for display on the Site will be considered non-confidential. Black’s may edit or remove any Post whether or not it is in violation of the provisions hereof. Black’s is not responsible for the content of any Post.

If you post a comment to any part of the Site, you understand and agree that anyone with access to the Site 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.). If you do not want the public to be able to access your comments, you should choose not to leave comments on the Site. You understand and agree that Black’s shall not be liable for any access to, use of or disclosure of any information you include in any such comment.

8. Monitoring. Black’s is under no obligation to monitor the Site although Black’s reserves the right to do so in its sole discretion, and assumes no responsibility or liability should its content be modified or altered in any way without Black’s consent. Black’s reserves the right in its sole discretion to issue a response it considers appropriate if Black’s becomes aware of any inappropriate uses of the Site, including without limitation uses that constitute copyright infringement.

9. Revisions. Black’s may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.

10. Registration and Passwords. To use certain features of the Site, you may be asked to register with the Site and you may need a username and password. You agree (i) to provide true, accurate, current and complete information about yourself or your organization as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Black’s has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Black’s has the right to suspend or terminate your access to and use of the Site. You are also responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account. You agree to notify Black’s immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Black’s is not liable for any loss or damage arising from unauthorized use or your password or account information.

11. Product Descriptions. Black’s attempts to be as accurate as possible. However, Black’s does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. Price and availability information is subject to change without notice.

12. No Advice. The information contained on the Site is for informational purposes only.

13. Site Policies. Please review our other policies such as Copyright, Privacy and Acceptable Use. These policies also govern your visit to this Site.

14. Consent. You acknowledge that you have read the Privacy Policy (as it may be updated from time to time) (the “Privacy Policy”) and hereby consent to the collection, use and disclosure by Black’s and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Policy.

15. Viruses, etc. Black’s assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.

16. Right of Indemnification. You agree to defend, indemnify and hold Black’s, its suppliers, alliance partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any Post on the Site by you.

17. Waiver. Black’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.

18. Governing Laws. By visiting the Site, you agree that these Terms and Conditions shall be governed by the laws of the province of British Columbia and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

Copyright Policy

Last Revised September 20, 2010

All copyright in the material contained on this Site (the “Site Material”) is owned by Black’s Photo Corporation (“Black’s”) or TELUS Corporation and its licensees, unless stated otherwise. All rights reserved. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:

License to Copy for Personal use: You may for your personal use save to your individual storage medium copies of the Site Material as necessary and incidental to your acts of viewing it, and you may print for your personal use of so much of the Site Material as is reasonable for private purposes provided that all proprietary notices are retained.

License to Recopy for Limited Purpose: You may recopy the Site Material to individual third parties for their personal information only if: (a) you acknowledge this Site as the source of the material and you must include such acknowledgement in the copy of the Site Material; and (b) you inform the third party that these conditions apply to him or her and that he/she must comply with them. This license to recopy does not permit incorporation of the Site Material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of a page from the Site may be distributed or copied for any commercial purpose.

No part of this Site may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.

Black’s reserves the right to withdraw or modify the licenses set out above at any time.

IMPORTANT: The licenses set out above do not apply to any photographic material. Such material has been provided by third parties. For permitted use of third party content you must apply to the relevant content owner.