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TERMS & CONDITIONS
Our Terms & Conditions are effective as of November 1, 2021, and they apply to the entirety of this website. We recommend reading over our "Terms & Conditions" and our "Privacy Policy" before using and/or continuing to use our website. Please note that the policies, terms, and conditions governing this website apply irrespective of whether the user has reviewed them entirely, partially, or in no part at all.
Please note that the terms "you", "user", "users", "visitor", and "visitors" are used interchangeably in our Terms & Conditions and they shall refer to you and all end users who view and/or access any content contained within this website resource, whether in part or in entirety, whether directly or indirectly.
The terms "we", "us", "our", and "JOHNATHONCRIPAUL" are used interchangeably in our Terms & Conditions and they shall refer to JOHNATHON CRIPAUL PHOTOGRAPHY, the business, its employees, associates, subsidiaries, affiliates, this website, and/or the content on this website.
The term "website" when used in our Terms & Conditions shall collectively refer to all content on JOHNATHONCRIPAUL.ca and its sub-directories.
The term "content" when used on this page shall include all materials, information, articles, pages, images, coding, scripts, and all other data stored on and/or presented by this website resource.
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USING THIS WEBSITE:
- You must read and agree to all of our Terms & Conditions detailed on this page if you directly or indirectly access, view, and/or use (from here on out, the term "use" will collectively include "access, view, and/or use") this website. If you use this website, it is understood and accepted that you are in agreement with our Terms & Conditions (as detailed on this page), regardless of whether you have in fact read our Terms & Conditions thoroughly, in part, or even if you have NOT read them at all.
- If the user objects to our Terms & Conditions in part or in full, they shall NOT directly or indirectly use this website for any reason and should close their browser immediately or navigate away from this website right away.
- The user must accept that all information presented on this website is published "as is" and that we offer no standard or guarantee of accuracy, completeness, or correctness.
- The user must accept that we do NOT necessarily endorse any specific products, services, or opinions displayed, expressed, linked from, and/or linked to this website, and that we are not responsible for any advertisements, opinions, information, or advice presented on this website that may or may not include user-generated content.
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CHILDREN USING OUR WEBSITE:
- This website is NOT designed for children and we do NOT knowingly collect any data from any child.
- If we become aware that we have been contacted by a child, we will delete the communication and NOT retain a copy of it.
- NOTE: If we become aware that we have been contacted by a child and we have reason to believe that the child may be in any perceived danger, we will forward all communication and any other relevant information to law enforcement and/or emergency services.
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LIMITATION OF LIABILITY:
- In no event or circumstance shall JOHNATHONCRIPAUL, its employees, associates, subsidiaries, affiliates, and/or this website be liable or responsible in any capacity for direct damages, indirect damages, incidental damages, consequential damages, or any other resulting damages caused (which may include but isn't limited to: property, personal property, business property, loss of profits, business, businesses, business interests, or data) by the direct or indirect use of, misuse of, and/or failure to use this website.
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INDEMNIFICATION:
- We set this website up to promote JOHNATHONCRIPAUL's photography services through the use of the internet. As such, in using this website, you must agree to defend, indemnify, and hold harmless JOHNATHONCRIPAUL, its employees, associates, subsidiaries, affiliates, and this website from and against any and all claims, damages, liabilities, costs, expenses, associated costs, associated expenses, attorneys fees, court fees, associated court fees, any and all legal fees, as well as any other costs, expenses, fees, and/or penalties that arise from or relate to your use of, misuse of, and/or failure to use this website, this website's content, this website's services, and/or any communication that you may initiate with us, have with us, receive from us, forward to us from others, or forward to others from us, or for anything that you access and use our content for.
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CONCERNING OUR PRIVACY POLICY:
- Our Privacy Policy is effective across our entire website.
- If you need to contact us, please be sure to completely read our Privacy Policy first.
- Do NOT contact us if you are under the age of 18.
- If you are under the age of 18 and wish to reach out to us, please have a parent or guardian contact us on your behalf.
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ACCESS TO THIS WEBSITE:
- We do NOT guarantee that this website is accessible or appropriate to individuals outside of Canada.
- Due to varying laws and regulations concerning internet use and access to internet-based resources, it may NOT be legal to access this website in certain regions or countries. In cases where it is NOT permitted to access this website, if someone still proceeds to access this website, they do so of their own volition and at their own risk. The user is always responsible for following all laws that apply to them.
- The user must comply with all applicable local, municipal, provincial (and/or state), and/or federal laws at all times while directly and/or indirectly accessing and/or using this website.
- This website shall NOT be accessed for the perpetrating of any illegal activity.
- This website shall NOT be accessed for the perpetrating of any activity that relates to or is adjacent to any illegal activity.
- This website shall NOT be accessed to be included in any form of junk mail, spam, or phishing attempts.
- This website shall NOT be accessed for purposes of rendering the website unavailable through web-based attacks that may include but are NOT limited to denial of service attacks, or for any other purposes that intentionally negatively affect this website's normal functioning and/or it's visitors use and/or enjoyment of this website.
- This website shall NOT be accessed by any individuals or organizations who seek to gain unauthorized access to it for any purpose, which that may include but isn't limited to introducing any form of malware, tracking software, viruses, or any other detrimental and/or malicious software, script, or coding to this website.
- This website shall NOT be accessed by any individuals or organizations who seek to make unauthorized alterations to the website in any way.
- No individual or organization shall take any action that interferes with the proper functioning of this website.
- Accessing this website is voluntary and is NOT incentivized.
- No external body may enforce any rules that require the retreival of information from this website. An example of this could be but is NOT limited to: a school making it mandatory for its students to access this website for teaching purposes. We are all about teaching and learning, but we do NOT support organizations that require or force individuals to use our website as a teaching resource.
- This website may be blocked by DNS services and/or bodies governing internet access, and therefore this website may be temporarily or permanently inaccessible in certain cases.
- While our intention is to keep this website up and running indefinitely, this website offers no guarantee of existing into perpetuity and therefore offers no guarantee that any or all parts of it will permanently be available and/or accessible in the future. The user must also accept that the entire website's components, information, images, articles, scripts, coding, or any other component stored on and/or presented by this website may be added to, removed, replaced, corrected, edited, or otherwise altered at any time without requiring us to give users a prior warning or notification.
- This website may become temporarily unavailable or even cease to exist at any time without requiring us to give users a prior warning or notification.
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INTELLECTUAL PROPERTY:
- All content stored on and/or presented by this website remains the sole property of JOHNATHONCRIPAUL and/or its respective owners.
- The name/term JOHNATHONCRIPAUL, its logo, the stylized word combination, and all other logos used remain the sole property of JOHNATHONCRIPAUL, unless otherwise specified.
- The content on this website may be used for teaching purposes if this website is properly referenced and credited.
- The content on this website may be shared to social media platforms and/or social media websites if this website is properly referenced and credited.
- You may externally publish hyperlinks that point to this website's home page, images, and/or articles, provided that it is not done with malicious, misleading, or defamatory intent. This permission may be revoked at any time without advanced warning or notification.
- You may NOT use or publish any of the content presented on this website for commercial use and/or for monetary gain.
- Your permission to use any of the content presented on this website for educational purposes, personal use, and/or non-commercial use is non-exclusive and may be revoked at any time without advanced warning or notification.
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COPYRIGHT CLAIMS:
- We value and respect the sanctity of copyright protections and the intellectual property rights of others, and it shall never be our intention to willfully host copyrighted material on our website that has not been authorized and/or adequately credited.
- JOHNATHONCRIPAUL shall address copyright claims in accordance with the "
Notice and Notice Regime" as set out in Canada's Copyright Act.
- We have made our own graphics and we only post images that we have produced ourselves. We have only used fonts that are a part of the public domain and/or their creators have declared that they are free to use for commercial purposes. We have written out our own coding and scripts, only occasionally using scripts/coding from teaching sources that make their scripts/coding available to use for free. If for any reason you believe in good faith that your copyrighted work has been reproduced on our website without your authorization and/or without satisfactorily crediting you for your work, please contact us first at
inquiries@johnathoncripaul.ca so that we may work with you to correct the matter. When you contact us by email, please provide the following information:
- Identification of the copyrighted work that you believe has been infringed upon. (Please be specific and include any available sources and/or links that point to your copyrighted work.)
- Identification of the material published on our website that you believe infringes on your copyrighted work. (Please be specific and include any links that point to the material in question.)
- A way to contact you, including your name, mailing address, telephone number, and email address. (If you are acting on behalf of the copyright owner, please indicate this.)
- Your statement of your belief that in good faith the material in question has not been authorized by you, your client, your agent, the copyright owner, and/or the law to be used by us.
- Your statement that under the penalty of perjury, the information that you have provided us with is truthful and accurate, and that you are authorized to act on this copyright claim on your own behalf or on behalf of the copyright owner.
- Your statement of acknowledgement that if you provide any inacurate, false, misleading, or misrepresentative information, you may be held liable and responsible for any damages caused by your actions, which may include but aren't limited to being responsible for covering the costs and expenses of court fees, attorney fees, related costs, and any other unforeseen costs that may arise.
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LINKS TO THIRD-PARTY CONTENT AND SERVICES:
- Our website may link to third-party websites, services, platforms, apps, or other content that may not be directly affiliated with JOHNATHONCRIPAUL. These third-party websites, services, platforms, apps, or other content may have their own Privacy Policies and Terms & Conditions that do not align with those of JOHNATHONCRIPAUL, and we therefore are not responsible or liable for any content that they may display, endorse, recommend, and/or link to. In most cases we provide these links for the user's convenience, however in any and all cases we make no endorsements, claims, promises, or guarantees regarding third-party content.
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GOVERNING LAW:
- JOHNATHONCRIPAUL, its employees, associates, subsidiaries, affiliates, and this website are governed by the provincial laws enforced by the Province of Ontario and the federal laws enforced by the Government of Canada.
- In using this website whether directly or indirectly, you are giving your consent to the exclusive jurisdiction and venue of the legal courts in the Province of Ontario regarding any and all disputes that may arise from any content posted on this website and/or the direct or indirect use of, misuse of, and/or failure to use this website.
- In using this website whether directly or indirectly, you are giving your consent that in any and all cases of a dispute, you waive your ability to bring a class action lawsuit and/or a class arbitration against us. Under no circumstance shall any lawsuit, arbitration, or proceeding be joined or combined with another.
- In using this website whether directly or indirectly, you are giving your consent that you agree that any and all disputes shall - where permitted by law - be limited to being addressed and corrected between you and us directly and shall NOT move to arbitration or a proceeding.
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TERMS OF THIS AGREEMENT:
- In using this website, you accept and agree to be legally bound by and comply with this agreement.
- We reserve the right to terminate all agreements on this website that exist between the user and JOHNATHONCRIPAUL, its employees, associates, subsidiaries, and/or its affiliates at any time and without prior warning or notification, and without responsibility or liability.
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FUTURE REVISIONS TO OUR TERMS & CONDITIONS:
- We reserve the right to review and revise our Terms & Conditions at any time without giving a prior warning or notification.
- We will NOT notify users that changes have been made to our Terms & Conditions. It is the user's responsibility to read and be aware of our Terms & Conditions as well as any changes that have been made.
- The most up-to-date version of our Terms & Conditions will be posted on this page.
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Copyright JOHNATHON CRIPAUL. All Rights Reserved.
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