Toronto Photo Club / Terms and Conditions

By getting registered as a member you acknowledge these terms as binding for the user relationship between you and us. The operators of Toronto Photo Club we shall not acknowledge any terms to the contrary. These Terms of Use are meant to protect and maintain your rights, our rights and the rights of third parties within the operation of Toronto Photo Club. To the extent that commercial elements are handled through partners, the terms of use of such partners shall apply.
The free Internet offer of Toronto Photo Club comprises the possibility to upload your own photos for which purpose each member is allowed a limited amount of web space. In addition you can set up your own photographer's profile, make contributions to discussions on photos, send photo mails, use the internal messaging system and take part in other forums or activities offered. Additional terms of use may be agreed upon for offers which are subject to a fee.
The subject matter and price of the chargeable offer of Toronto Photo Club can be found in the specification of services. We reserve the right to amend the latter to the extent that only a change due to a further development occurred which in most cases concerns the range of functionalities and is reasonably acceptable and not detrimental for the user. In the event of further-reaching changes we shall inform the user on the screen or by email in due time before such changes take effect. If you do not declare your disagreement before the coming into effect, the change shall be deemed accepted. If you disagree your membership shall be terminated.
You alone are responsible for your photos and postings transmitted and for your behaviour within Toronto Photo Club. Your access rights to Toronto Photo Club are limited if you use the free offer. You undertake not to violate laws or other rules and regulations within your participation in the offer of Toronto Photo Club. We reserve the right, at our own discretion, to immediately exclude you from membership and to remove your images and postings from Toronto Photo Club in the event of violations of laws, good morals, these Terms of Use or upon other good cause shown.
You hereby agree
- not to transmit any content to Toronto Photo Club the reproduction of which infringes copyrights or author's rights or any other rights of third parties;
- not to engage in advertising or distribute mass mailings (chain letters etc.);
- not to offer any products or services except for private purposes within the buy and sell forums provided and only in compliance with the content of the forum set up by us;
- not to transmit any content to Toronto Photo Club containing software, applications, programs or viruses or any other data that impair or damage the functionality of hard- and software of Toronto Photo Club or other participants;
- not to offend, defame or otherwise annoy or cause damage to other members;
- not to use the data and email addresses of other members obtained through Toronto Photo Club for commercial advertising or to send unsolicited advertising;
- not to use Toronto Photo Club for pornographic or racist content or material which may be harmful to minors, conveys ideas of national socialism, glorifies violence etc..
We reserve the right but do not undertake any obligation to review, edit, delete or disable your images and postings if these are in breach of your obligations as a member or if they violate the law. This shall also apply if such violation is suspected. We may delegate this right, e. g. to other members. A claim to the publication of images or postings in Toronto Photo Club does not exist.
By transmitting content to our server you guarantee to us that you are the original maker of these images. Should we wish to reproduce one or more of your images for advertising, publicity or promotional purposes in print or on the world wide web, we will contact you for permission and will undertake to give proper credit as you, the owner of the work/s, direct. The Toronto Photo Club will not remunerate you or any third parties for useage.
You shall indemnify us from all claims of third parties that these may assert against us for infringement of their rights, notably of copyrights and user, license, competition or other proprietary rights, based on the content you transmitted. You shall reimburse us the costs of any legal defence which may arise as a consequence of your infringing content. You undertake to use your best efforts to support us in the handling of any third-party claims based on your content and notably to submit to us all documents that may be required for defence.
The content of Toronto Photo Club is protected by copyright and/or other proprietary rights. Their use shall be subject to the applicable copyright and other protection laws. Any use of such content, also in part, notably for commercial purposes, requires the prior consent of the holder of the rights. The holders of such rights may be, among others, the members or the operators of Toronto Photo Club. We show the name of the member who uploaded a photo to the website of Toronto Photo Club for every photo. It is allowed to make a hard or soft copy of such content exclusively for personal, non-commercial use, subject to the provision that captions or other information on the content source are not forged or deleted.
You undertake not to submit any false or misleading information in your registration, not to get registered under a false identity and to keep your data up to date. You shall treat the password you chose for your registration as confidential. You shall be responsible for any activities performed under your password. You undertake to inform us immediately of any unauthorized use of Toronto Photo Club under your name. Non-compliance with this obligation gives us the right to termination without notice.
A right to participate in any competition held by us does not exist, and neither is there a right to be granted a prize. If the prize granted is defective, the winner shall only be entitled to delivery of a defect-free prize if we were unaware of the defect of the prize due to gross negligence.
The content and correctness of offers in the buy and sell and bartering forums shall be the responsibility of the offering member. A contract shall be concluded only between the members involved. We do not act as agents. The implementation of such contract shall be your sole responsibility. Only you shall be responsible for mutual performance. We only offer the electronic platform for the conclusion of your contract and do not provide any further assistance in the implementation of the contract.
Upon registration you are granted a free membership with unlimited access to all functions at Toronto Photo Club and a limitation for 6 photos uploads. At any time you can become a paying member and increase the number of photos uploads.
The membership for use of the free offer runs for an indefinite term. Such membership may be terminated at any time by you or us, without observing any notice period and without stating reasons. Termination shall be effected in writing or by email and shall become effective upon receipt. You declare your consent to the displayed images being deleted after termination and we undertake to delete all of your photos within 14 days of receipt of your notice of termination.
Membership for the chargeable offer is concluded for a term of one year upon payment of a one-off amount and it is renewed automatically with your subscription. The subscription renews for the period chosen if it is not terminated by 14 days before expiry of the period paid for. Subscriptions and payments are handled through our payment service providers whose terms of use you also acknowledge hereby. Notice of termination has also to be given to them.
We guarantee that statutory provisions on data protection are adhered to. We process and save personal data only to the extent necessary for implementation of the contract. In your registration you gave your express consent to our publication within Toronto Photo Club of the data you submitted unless we expressly stated otherwise. Any activity within Toronto Photo Club is saved with the IP address pertaining thereto. If there should be a suspicion of a criminal offence, investigators may use the data of the access provider to identify the relevant user.
By becoming a member you declare your consent to advertising being displayed.
We and our vicarious agents shall only be liable for breach of contractual obligations and in tort only in events of intent and gross negligence unless cardinal obligations are affected and/or mandatory legal provisions exist to the contrary. To the extent legally permitted, we and our vicarious agents shall only be liable up to the amount of typically foreseeable damage. We do not guarantee that the offer of Toronto Photo Club will be available without interruptions. Rectification of faults and maintenance works may make it necessary to interrupt the service and access to the offer. We reserve the right to change parts of the offer of Toronto Photo Club. We do not accept any responsibility for contents to which you are transferred through a link which obviously takes you out of Toronto Photo Club. We have no influence on the content of such third-party websites and do not appropriate such content either.
We reserve the right to change these Terms of Use without stating reasons. We shall inform you in due time of such changes during your first visit to Toronto Photo Club after the changes have been made and shall request your consent to the changed Terms of Use. If you do not disagree the Terms of Use shall be deemed accepted. If you disagree your membership shall be terminated.
Should any provision of these Terms of Use be invalid or unenforceable, it shall be replaced by a valid or enforceable provision that comes as close as possible to the legal intention of the invalid or unenforceable provision. These Terms of Use and the entire legal relationship between you and us shall be governed by the laws of Canada. To the extent admissible, Toronto shall be agreed as place of jurisdiction for all legal disputes that may arise. In all other aspects the statutory provisions shall apply.