Terms and Conditions “Terms”

Last updated: August 29, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ecvexpress.com website (the “Service”) operated by ECV Photography (“Eric”, “me”, “myself” or “I”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our ECV Photography’s use of cookies in accordance with the terms of ECV Photography’s privacy policy.

1. License to use website

Unless otherwise stated, ECV Photography and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

2. You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

(with the exception of A/M clause in Paragraph 1)

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

(with the exception of A/M clause in Paragraph 1)

3. Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ECV Photography’s express written consent.

You must not use this website for any purposes related to marketing without ECV Photography’s express written consent.

4. Restricted access

Access to certain areas of this website is restricted. ECV Photography reserves the right to restrict access to other areas of this website, or indeed this entire website, at ECV Photography’s discretion.

If ECV Photography provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

ECV Photography may disable your user ID and password in ECV Photography’s sole discretion without notice or explanation.

5. User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to ECV Photography a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ECV Photography the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ECV Photography or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ECV Photography reserves the right to edit or remove any material submitted to this website, or stored on ECV Photography’s servers, or hosted or published upon this website.

Notwithstanding ECV Photography’s rights under these terms and conditions in relation to user content, ECV Photography does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

6. Affiliate Program(s)

  • Earn extra cash through our affiliate programs by referring others to our Photography, Conversion & Marketing Services listed on the ECV Express site and earn 10% off EVERY SALE made through you.

When submitting an Affiliate Application Form, 2 pieces of ID are needed for authentication of ownership.

One of the ID MUST be a photo identification. Health Cards cannot be accepted.

  • Sign up to become an affiliate. If you refer someone who purchases a service from ECV Photography you will earn 10% of that sale. Once the Affiliate signs up, he/she will receive a (userID), Whenever a customer places an order using your userID you will receive 10% payment of the their order in your PayPal account.

By signing up with our Affiliate program it does not mean in anyway that you are an employee or associated in anyway with ECV Photography.

You will be a paid as a contractor. No taxes will be taken off your pay therefore you are solely responsible to declare your income to the Government.

In order to get paid. The client MUST mention your UserID to ECV Photography

Note: Prices subject to change without notice.

7. Payments / Refunds

Whenever you schedule an event, once you meet with Eric to discuss the terms of the event, a 50% non-refundable deposit will be due. The rest of the payment must be paid once the event is completed.

There are no refunds for any of the ECV Photography services, however if you happen to not be satisfied with the pictures, something might be arranged like extra pictures taken.

For 35mm Negatives / Slides Conversion Services. ECV Photography accepts no responsibility if the items are damaged or the customer does not like the end result.

For Tape conversion Services, ECV Photography accepts no responsibility If your Tape breaks or is damaged during transfer as tapes might be worn or old. ECV Photography uses high quality conversion products.

Regarding Affiliate programs please see the Terms and Conditions of the ECV Express website.

9. Payment Options / Methods of Payments

ECV Photography currently accepts PayPal, Cash, Certified Cheques, Money Orders, email money transfers, as well as Credit Cards such as (Visa, Mastercard & AMEX). If you chose to pay by Credit card there is a 3% Fee on top of your total. ECV Photography can also send out PayPal invoices or subscriptions to the customer / client.

Note: One does not need to have a PayPal account to pay these invoices (only a valid Credit Card)

10. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ECV Photography.

ECV Photography has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ECV Photography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

11. No warranties

This website is provided “as is” without any representations or warranties, express or implied. ECV Photography makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ECV Photography does not warrant that:

This website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

12. Limitations of liability

ECV Photography will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ECV Photography has been expressly advised of the potential loss.

13. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ECV Photography’s liability in respect of any:

death or personal injury caused by ECV Photography’s negligence;
fraud or fraudulent misrepresentation on the part of ECV Photography; or
matter which it would be illegal or unlawful for ECV Photography to exclude or limit, or to attempt or purport to exclude or limit, its liability.

14. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

15. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

16. Indemnity

You hereby indemnify ECV Photography and undertake to keep ECV Photography indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ECV Photography to a third party in settlement of a claim or dispute on the advice of ECV Photography’s legal advisers) incurred or suffered by ECV Photography arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

17. Breaches of these terms and conditions

Without prejudice to ECV Photography’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ECV Photography may take such action as ECV Photography deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

18. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Entire agreement

These terms and conditions constitute the entire agreement between you and ECV Photography in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

20. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

22. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

23. Contact Us

If you have any questions about these Terms, please contact me.