Terms & Conditions
Welcome to the EpicMix Photo terms and conditions for use. These terms and conditions apply to the use of the EpicMix Photo platform via webpage, mobile application or any other means (“EpicMix Photo”). By accessing EpicMix Photo and/or placing an order, you agree to be bound by these terms and conditions.
EpicMix Photo is operated by Beaufort Solutions Inc. with the permission of EpicMix Photo. “Us”, “Our”, “We” below refers to Beaufort Solutions Inc.
Using EpicMix Photo indicates that you accept these terms regardless of whether or not you choose to register an account with us or order from us. If you do not accept these terms, do not use EpicMix Photo.
- You will be able to access most areas of EpicMix Photo without registering your details with us. Certain areas of EpicMix Photo are only open to you if you register an account with us.
- We may revise these terms and conditions at any time by updating this posting. You should check EpicMix Photo from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of EpicMix Photo. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use EpicMix Photo.
- EpicMix Photo may only be used by individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts. By using EpicMix Photo you are warranting that you have reached that age.
- You may access and use EpicMix Photo solely for your personal, non-commercial use.
- We may modify or cancel any feature of EpicMix Photo, including without limitation the availability of any function, option, product or content, at any time, without notice or liability.
- You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. Once your order is placed we will send you an order acknowledgement, detailing the products and costs of your order.
- These Terms and Conditions will form a binding contract between you and us for the purchase and supply of your products once you have submitted your order using the order facility provided and we notify you by e-mail that your order has been accepted.
- We may not be able to process your order if products are not available, if we cannot obtain authorisation for your payment, if there has been a pricing or product description error, if you do not meet any eligibility criteria set out in these Terms and Conditions or for any other reason beyond our reasonable control.
- We endeavor to provide current and accurate information on EpicMix Photo. Nevertheless, misprints or other errors may occur. Accordingly, we reserve the right at any time to reject, correct, cancel or terminate any order. If you order products for which the price was incorrectly displayed, we will provide you with an opportunity to cancel your order. We reserve the right to limit quantities sold.
- Taxes are not included in our prices and you will be solely responsible for paying any applicable taxes relating to your purchases.
- Where we charge separately for packing, shipping and insurance and other relevant charges, the appropriate rates will be shown separately and included in the total price.
- Our prices are reviewed periodically and are subject to change without notice.
CANCELLATION AND RETURNS
- As the products on EpicMix Photo are personalized and cannot be resold, you will not be able to cancel an order after you have submitted it as we will immediately have initiated the order into production.
- In the event that the products are damaged or defective or do not match the description specified on EpicMix Photo, contact us with details through our website. If we determine at our sole discretion that products are damaged, defective or do not match the description, we will either reproduce the product or provide a full refund of the purchase price at our sole discretion.
- The trademarks on EpicMix Photo, whether or not registered, are owned by us or our licensors, service providers or partners. Nothing on EpicMix Photo may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks with the prior written permission of their owner. Without limiting the generality of the forgoing, it is prohibited to reproduce the trademarks displayed on EpicMix Photo for commercial or advertising purposes or to increase the number of visitors to your site.
- Unless otherwise stated, the copyright and other intellectual property rights in all material on EpicMix Photo (including without limitation photographs and graphical images) are owned by us or our licensors, service providers or partners. Nothing on EpicMix Photo may be interpreted in such a way as to give you, directly or indirectly, any right whatsoever in any copyright or other intellectual property of us or our licensors, service providers or partners.
- No part of EpicMix Photo may be reproduced, copied, modified, published, distributed, or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Any rights not expressly granted in these terms are reserved.
- While we are not obligated to review user submitted materials for copyright infringement, we are committed to protecting copyrights and expect users of EpicMix Photo to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through EpicMix Photo infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding EpicMix Photo should be sent to:
Beaufort Soluctions Inc. attn.: LEGAL 40 Quidi Vidi Rd St John's, NL A1A 1C1 CANADA
- While we endeavour to ensure uninterrupted service, we will not be liable if for any reason we or EpicMix Photo are unavailable at any time or for any period.
- Access to EpicMix Photo may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reason beyond our control.
DIGITAL IMAGE STORAGE
- You may post an unlimited amount of images to your account with us through EpicMix Photo. We may, in our sole discretion, remove from EpicMix Photo and permanently delete and destroy at any time any images without liability to you or any other person for any reason, including without limitation if a customer has not logged into their account with us within the immediate 30 days preceding. Prior to deleting your images, we may attempt to provide notice to you at your stated e-mail address but will assume no liability for any failure to do so.
VISITOR MATERIAL AND CONDUCT
You are prohibited from posting, uploading, or transmitting to or from EpicMix Photo and/or your account with us any material:
- That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, contains child abuse or inappropriate child nudity, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- For which you have not obtained all necessary licenses and/or approvals;
- Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United States or any other country in the world
- Which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- You may not misuse EpicMix Photo (including, without limitation, by hacking).
- We have no obligation to monitor any material transmitted or posted to EpicMix Photo. However, we reserve the right at all times on behalf of ourselves and our agents to view the materials and disclose the materials as necessary to satisfy any laws or regulations or to report any potential violations of law to law enforcement authorities. We may remove from EpicMix Photo at any time or refuse to process orders for material that, in our sole judgement and discretion is objectionable or in violation in breach of clauses 8.2 or 8.3.
- We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3.
- You agree to be responsible for any claims, costs, expenses or legal proceedings caused as a result of your use of EpicMix Photo in contravention of this section. Further, in these circumstances, we shall be entitled to cancel any pending orders for products made by you and terminate any access permission granted to you by us forthwith, without notice to you.
LINKS TO AND FROM OTHER WEBSITES
- Links to third party websites on EpicMix Photo are provided solely for your convenience. If you use these Links, you leave EpicMix Photo. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites Linked to EpicMix Photo, you do so entirely at your own risk.
if you would like to Link to EpicMix Photo, you may only do so on the basis that you Link to, but do not replicate, the home page of EpicMix Photo, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of the trade-marks that appear on EpicMix Photo;
- You do not create a frame or any other browser or border environment around EpicMix Photo;
- You do not in any way imply that we are endorsing any products or services other than our own;
- You do not misrepresent your relationship with us nor present any other false information about us;
- You do not otherwise use any trademarks displayed on EpicMix Photo without our express written permission;
- You do not Link from a website that is not owned by you; and
- Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 9 for breach of these terms and to take any action we deem appropriate.
- You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.
- Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
- Responsibility for the security of any passwords selected by you or issued by us rests with you and if you know or suspect that someone else knows your password, you should change your password immediately using the facility provided on EpicMix Photo.
- You are responsible for any use of your account on EpicMix Photo. We cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this clause. THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE AND CAN BE CIRCUMVENTED. YOUR USE OF YOUR ACCOUNT AND YOUR PASSWORD IS AT YOUR OWN RISK.
- You are responsible for updating your account information and for removing any invalid information in order to prevent communications from being sent to the wrong person.
- We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
- If you breach any of the terms in these terms and conditions, your permission to use EpicMix Photo automatically terminates.
- We may terminate your access to your account, EpicMix Photo or any part thereof, at any time, with or without cause and with or without notice.
- You may terminate the agreement at any time by clicking here and sending us a feedback email asking to terminate your account.
- Upon termination for any reason, your right to use and/or access EpicMix Photo and any content will immediately cease and we may immediately delete all images and personal information from EpicMix Photo.
- While we endeavour to ensure that the information on EpicMix Photo is correct, we do not warrant the accuracy and completeness of the material on EpicMix Photo. We may make changes to the material on EpicMix Photo, or to the products and prices described in it, at any time without notice. The material on EpicMix Photo may be out of date, and we make no commitment to update such material.
- THE MATERIAL ON EPICMIX PHOTO IS PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE YOU WITH EPICMIX PHOTO ON THE BASIS THAT WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THESE TERMS AND CONDITIONS MIGHT HAVE EFFECT IN RELATION TO EPICMIX PHOTO.
- Your use of EpicMix Photo is as your own risk. You should keep your own backup copies of all materials you may use in association with EpicMix Photo.
- We, any other party (whether or not involved in creating, producing, maintaining or delivering EpicMix Photo), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with EpicMix Photo in any way or in connection with the use, inability to use or the results of use of EpicMix Photo, any websites Linked to EpicMix Photo or the products and services offered through EpicMix Photo, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing EpicMix Photo or your downloading of any material from EpicMix Photo or any websites linked to EpicMix Photo.
- If your use of material on EpicMix Photo results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of EpicMix Photo, or the use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
- These terms and conditions shall be governed by and construed in accordance with the laws of the United States and Canada. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the United States and Canadian courts.
- We do not warrant that materials/items for sale on EpicMix Photo are appropriate or available for use outside the United States and Canada. It is prohibited to access EpicMix Photo from territories where its contents are illegal or unlawful. If you access EpicMix Photo from locations outside United States and Canada, you do so at your own risk and you are responsible for compliance with local laws.
- You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
- If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.