Terms and Conditions
share and print Photo Books (collectively, the “Service”). Before you
continue using the ZOOMZOOM.COM website located at www.zoomzoom.com
(the “Site”) or use any of the ZOOMZOOM.COM services, it is important
that you carefully review the Terms and Conditions set out below (the
“Terms”). BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT
AGREE, DO NOT USE THE SITE.These Terms may be changed or updated at any time, but you can always
find the most recent version here. In the case of inconsistencies
between these Terms and information included in other materials (for
example, promotional materials and mailers), these Terms will always
control. We recommend that you periodically check this page to make
sure you are up to date.By entering and using the Site, you indicate that you accept these
Terms and that you agree to be bound by them. Acceptance of these
Terms creates a binding contract between you and ZOOMZOOM.COM that
you will use the Service only in a manner consistent with these Terms.
If you have questions about these Terms, please contact us at
firstname.lastname@example.org. Your use of the Site and the Service is entirely
conditioned on and subject to your compliance with these Terms. If you
do not agree with these Terms, do not access or use the Service.
The Service is for personal use only; use of the Service for
commercial use or broadcast to large audiences is expressly
This Service is operated by ZOOMZOOM.COM a business register under
the laws of the Province of Ontario whose principal business address
is 25 Royal Group Crescent, Unit #3, Vaughan ON L4H 1X9
ZOOMZOOM.COM is also referred to in these Terms as “we” and “us”.
2. Purpose of the Service
ZOOMZOOM.COM offers photography services that provide the ability for
consumers to create Photo Books, and other products and services, and
to view, store, edit, combine, share, and print photographs (the
We are committed to protecting your privacy.
This policy applies to all information collected on the Site, the
Service, via email, and by phone. You provide personal information to
us when you order products, and request information from us. The
personal information we collect includes:
* Email address
* Phone number
* Items purchased
* Your digital content and related titles, captions, and annotations
How we use information
Our primary goal in collecting your customer information is to provide
you with a personalized, relevant, and positive experience with
We use your email address to answer email we receive from you and to
provide you updates about ZOOMZOOM.COM services. We will not share
your email address with outside parties.
From time to time, you may be invited to participate in optional
customer surveys or contests. We use information collected from
surveys to learn about our customers in order to improve our services
and develop new products and services of interest to our customers.
We do not store your credit card information in our database. Credit
card numbers are used for processing payments only and for no other
purposes4. TrademarksAll brand, product, and service names used in this Service which
identify ZOOMZOOM.COM or third parties and their products and services
are proprietary marks of ZOOMZOOM.COM and/or the relevant third
person any license or right on the part of ZOOMZOOM.COM or any third
party with respect to any such image, logo or name.5. AvailabilityZOOMZOOM.COM 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
ZOOMZOOM.COM Reasonable steps will be taken by us to minimize such
disruption where it is within the reasonable control of ZOOMZOOM.COM
You agree that ZOOMZOOM.COM shall not be liable to you for any
modification, suspension or discontinuance of the Service.
6. Member Creations
a. ZOOMZOOM.COM Service permits the submission photo slideshows or
photo books or other communications submitted by you and other users
(“Member Creations”), sharing and/or publishing of such Member
Creations. You understand that whether or not such Member Creations
are published, ZOOMZOOM.COM does not guarantee any confidentiality
with respect to any submissions.
b. You shall be solely responsible for your own Member Creations and
the consequences of posting or publishing them. In connection with
Member Creations, you affirm, represent and/or warrant that: (i) you
own, or have the necessary licenses, rights, consents, and permissions
to use and authorize ZOOMZOOM.COM to use them to provide you the
Service; and (ii) you have the written consent, release, and /or
permission of each and every identifiable individual person in the
User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and authorize
ZOOMZOOM.COM to use them to provide you the Service. For clarity, you
shall retain all of your ownership rights in your Member Creations.
c. In connection with Member Creations, you further agree that you
will not: (i) submit material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner of
such rights or have permission from their rightful owner to post the
material and to grant ZOOMZOOM.COM all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could
damage ZOOMZOOM.COM or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive or encourages
conduct that would be considered a criminal offense, give rise to
civil liability, violate any law or is otherwise inappropriate; (iv)
impersonate another person. ZOOMZOOM.COM does not endorse any User
Submission or any opinion, recommendation or advice expressed therein,
and ZOOMZOOM.COM expressly disclaims any and all liability in
connection with Member Creations.
d. ZOOMZOOM.COM permits you to share your own Member Creations hosted,
for personal, non-commercial purposes only. In addition, ZOOMZOOM.COM
provides a “Send Pages by email” option, in which you can share
certain Member Creations. You understand that the Member Creations,
whether or not linked or embedded into other web sites, are provided
to You only on an as-available basis, and ZOOMZOOM.COM does not
guarantee that their availability will be uninterrupted or bug free.
ZOOMZOOM.COM reserves the right to discontinue any aspect to the
ZOOMZOOM.COM Website and Service at any time, including discontinuing
and database rights in the Service and its contents. You may not
publish, distribute, extract, re-use or reproduce any such content in
any material form (including photocopying or storing it in any medium
by electronic means) without the written consent of ZOOMZOOM.COM.
8. External Links
From time to time, ZOOMZOOM.COM 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 ZOOMZOOM.COM is not liable for any loss or damage that you may
suffer by using other websites.
9. Amendment of the Terms
We reserve the right to amend these Terms from time to time.
Any action hereunder must be brought, if at all, within one (1) year
from the accrual of the cause of action. The parties agree that any
claims hereunder shall be subject to the province and federal laws of
the province of Ontario, and hereby consent to jurisdiction and venue
in the courts located in Toronto, Canada.
If you have any comments or questions about these Terms or our Service
please contact us by email at email@example.com
12. Age restriction
To purchase from or use the Service you must be 13 years old or over.
You agree that the information that you provide to us 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.
13. Formation of a Binding Contract
No contract will exist between you and ZOOMZOOM.COM for the supply of
any services or products unless and until ZOOMZOOM.COM accepts your
order by a confirmatory e-mail, telephone conversation, or other
appropriate means of communication.
14. Pricing and Delivery
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. Postage will be
added to your order during the checkout process. In the event that you
order products and the price published on the Service was incorrect,
ZOOMZOOM.COM will contact you to let you know the correct price and
ask you whether you still wish ZOOMZOOM.COM to fulfill your order at
the correct price. Any dates specified for delivery of any products
are intended to be an estimate only.
15. Right to Return
You are responsible for all of the images you upload, share or copy
using the Service. You must have the legal right to copy and display
each image that you upload, share or print. 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
You agree not to use the Service:
a. for any unlawful purposes;
b. 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;
c. to forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Service;
You further agree that you shall not:
a. 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;
b. provide any information to ZOOMZOOM.COM that is false or
misleading, that attempts to hide your identity or that you do not
have the right to disclose; or
c. use email from ZOOMZOOM.COM to create spam emails to be sent from us.
17. Monitoring of Content
ZOOMZOOM.COM does not control the content created using the Service
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.
18. Suspension and Termination of Access and Membership
You agree that ZOOMZOOM.COM may at any time without notice:
a. move or suspend any part of the Service; or
b. 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
ZOOMZOOM.COM s sole discretion, you fail to comply with any of these
Terms or if a competent regulatory authority requires us to do so.
19. Disclaimer of Warranty and Limitation of Liability
ZOOMZOOM.COM agrees that all services will be carried out with
reasonable skill and care, and any goods supplied will be of
satisfactory quality and reasonably fit for their purpose.
THE SERVICE, ZOOMZOOM.COM S SITE, AND ALL RELATED PRODUCTS AND
SERVICES ARE PROVIDED BY US “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO
THE FULLEST EXTENT PERMITTED BY LAW, ZOOMZOOM.COM DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO
ZOOMZOOM.COM 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, OR DAMAGE TO, YOUR CONTENT, ZOOMZOOM.COM SHALL BE LIABLE ONLY FOR
THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED MEDIA AND PROCESSING. IN
THE EVENT OF ANY MISTAKE BY ZOOMZOOM.COM SUCH AS THE SHIPMENT OF A
DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE
FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE,
ZOOMZOOM.COM S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF
ZOOMZOOM.COM 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
You agree to indemnify, defend and hold harmless us, our officers,
directors, employees, agents, licensors, suppliers and any third-party
information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys’ fees,
resulting from any violation of these Terms or any activity related to
your account (including negligent or wrongful conduct) by you or any
other person accessing the Service using your account.
22. Return Policy
You may return any defective item to ZOOMZOOM.COM within 30 days of
receipt for a credit or refund. In some cases, and at our sole
discretion, we will refund or credit your original shipping cost.
Please follow the instructions below.
Instructions for returning orders:
If your order arrived damaged or if there is some defects, please
email us first at firstname.lastname@example.org. We’ll let you know whether you
need to return the item to us. If you do need to make a return, simply
send your order within 30 days of receipt—in the original packaging,
if possible—to the following address:
25 Royal Group Crescent, Unit #3, Vaughan ON L4H 1X9
We will refund or credit your account when we receive your return.