TERMS OF SERVICE

TERMS AND CONDITIONS

INTRODUCTION

Welcome to www.imagediva.com. Please ensure that you read the terms and conditions contained herein carefully.

AGREEMENT TO TERMS

These Terms and Conditions Agreement (interchangeably, “Terms of Use” or “Terms of Use Agreement”) constitutes the entire understanding between Image Diva LLC (“Image Diva”) and you; the users of Image Diva’s services and any related services and products. It applies to all aspects of Users’ browsing, accessing, using, framing and/or linking to our site (“Site”). Any person using, accessing, browsing, framing and/or linking to any of our Sites in any way is a “User” for the purposes of these Terms and may be referred to as “Customer”, “User,” or “You” herein.

By accessing, browsing, using, framing and/or linking to our site, you acknowledge that you have read, understand, and agree to be legally bound by the provisions and tenets of these Terms.

YOUR USE OF THIS WEB SITE SIGNIFIES YOUR ACCEPTANCE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN. PLEASE, DO NOT CONTINUE TO USE THIS WEB SITE IF YOU DO NOT AGREE TO THESE TERMS OF USE OR IF YOU ARE IN ANY WAY NOT SATISFIED AND/OR DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS TERMS OF USE AND ANY OR ALL OF ITS PROVISIONS.

UPDATES TO THESE TERMS

  1. a) The Terms herein are subject to change as we may from time to time make important revisions to these terms. Any changes to this Terms will be posted on the Site. All accessing, browsing, using, framing and/or linking to Image Diva’s Sites is subject to the provisions of this Terms, as amended.
  2. b) The contents of this website may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without a prior notice to you. We may also make improvements and/or changes in the products and services and/or the programs described herein at any time without a prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this site, you agree to be bound by any such revisions.

CONTENT OWNERSHIP AND COPYRIGHT

All rights to this Site, the content, information herein and other services and materials made available on this Site, including, without limitation to graphics, text, software application, codes, designs, images, page layouts, videos, gifs, audio clips (collectively the "Materials") are proprietary to Image Diva and are protected by Canada and International copyright laws as well as other intellectual property laws. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

RESTRICTIONS ON USE OF THE SITE AND ITS CONTENT

Unless otherwise stated and subject to all of the provisions of these terms and your compliance with these Terms, we hereby grants you a non-exclusive, non-transferable, personal, non- sublicenseable license to access and make personal use of the materials published on this site (“Materials”) exclusively for non-commercial use by you personally.

All other uses of this site, its software and the Materials, including, but not limited to redistribution, copying, modification, publication, transmission, reproduction, display, incorporation into another site, mirroring our sites or in any other way exploiting any of the Materials, in part or in whole, is not permitted under this Limited License and may violate one or more of our intellectual property rights and is prohibited without our  prior express written consent and is further subject to, but not limited to the following restriction:

  1. You may not reverse engineer, manually extract, or disassemble software material or create a derivative material from the website or services provided by us except and only to the extent permitted by applicable law;
  2. You may not remove any copyright or other proprietary notices from the material on our site;
  • You may not attempt to determine the website architecture nor extract information or data about individual identities, usage of the web site or other activities via the use of any network monitoring software or as may be otherwise applicable;
  1. You may not upload or transmit any form of computer virus, malicious codes, worm, Trojan horse, defects, or any form of item capable of causing harm onto the web site;
  2. You may not attempt to gain access to unauthorized information.

INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS

Each party shall maintain all of its individual rights, title, subtitle and interest in and to all of its respective patents, copyrights, inventions, trademarks, domain names, community secrets, trade secrets, know-how and any other proprietary rights and/or Intellectual Property (collectively, “Intellectual Property Rights”).

We are the owner or the licensee of all Intellectual Property rights related to our software and the services that we provide to you and users to use the services as binding under this Agreement. We reserve the exclusive and sole right to the software which is only being licensed to you and does not convey any additional rights in the service, or in any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and make use of the service as explicitly stated herein; all rights, titles and interest in and to our Services and all hardware, Software, Additional Services and other components of or used to provide the Services, including all related Intellectual Property Rights, will remain with us and belong exclusively to us. Image Diva shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and/or incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you or other third parties acting on your behalf.

Image Diva and other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of one or more members of Image Diva (collectively, “Trade-Marks”), and you may only use applicable Trademarks to identify you as our user; provided you do not attempt, now or in the future, to claim any rights in the Trademarks, degrade the distinctiveness of the Trademarks, or use the Trademarks to disparage or misrepresent us, Our services or products. Nothing in this website may be construed to grant to you, indirectly or directly, the use of a service mark or trademark reproduced on the website, whether belonging to us or third parties suppliers, without a prior written permission from us.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

PRODUCT DESCRIPTIONS, AVAILABILITY AND PRICING

Product Description: We make attempts to ensure that products descriptions are as accurate as possible. However, we make no representation or give no warranties or undertakings of any kind, express or implied, with regard to the accuracy, reliability, timeliness or completeness of any such information. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this website or any of the information it contains. Your sole remedy for a product not as described is to return it in unused condition.

Product Availability: We put in our best endeavors to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is actually unavailable for delivery. In such case, we will refund in full all amounts you paid in respect of such unavailable product.

Product Pricing: We may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full.

PAYMENT AND DELIVERY OF ORDER

Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order, unless otherwise agreed in advance in writing. Payment can be made by most major credit or debit cards, and by other online payment methods made available to you at the checkout page. If you make use of a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorized to use. All credit/debit card holders are subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

If you are using PayPal, please select “PayPal” during payment process among payment methods and you will be directly transferred to PayPal website. If you are already registered as a PayPal client, you just need to Log In using your data and confirm the payment.

If you don’t have a PayPal Account, you can register and proceed with the payment. Otherwise, you can also pay with your credit card through PayPal security network, without registration.

Delivery of Order: If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Where we have agreed to deliver the Products, we will use reasonable endeavors to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your order. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.

You must also do all that you reasonably can to enable the delivery to take place on the given date. If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this. Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your order.

If you do not receive your Products on the stated delivery date, you must notify us immediately.

CANCELLATION

To cancel an order, please contact us immediately. Order will not be canceled if the items/products leaves our facility and handed over to the shipping company.

YOUR ACCOUNT, PASSWORD, AND SECURITY

You will need to register with us and own an account in order to access and make use of certain Image Diva services. You will also need to enter certain details during the "checkout" process. As a user, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. User also will create a password and a user name.

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify us immediately in the event of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that User may incur as a result of an unauthorized third party having access to your password or account, either with or without your knowledge.

However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. We reserve the right to refuse service, terminate accounts, terminate your rights to use our Services, remove or edit content, or cancel orders in its sole discretion. .

TERMINATION OF YOUR USAGE

These Terms shall remain in force until terminated by either you or Image Diva. You may terminate these Terms solely by discontinuing your use of and access to our site. We may terminate this Agreement, or suspend your access to all or part of our site without notice, for any conduct that we, in our sole discretion, believes is disruptive to our site, is in violation of any applicable law or is in violation of these Terms.

USER GENERATED COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

In these terms, “User Generated Comment” means any material (including without limitation to text, video material, audio material, and audio-visual material, feedbacks, suggestions) that you upload/submit to this Site for review by the public for whatever purpose. Please be aware that user generated contents shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing or otherwise submitting any user communications to this website you understand and agree that you grant us a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, use, publish, distribute and translate such user generated content in any existing or future media.

You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. You warrant and represent that you own or otherwise control all of the rights to the contents that you provide onto the web site and that such content must not be unlawful, illegal, must not infringe on any third party legal rights, and must not have the capacity of bringing about any legal action; whether against you or us.

We shall have no obligation to monitor the contents provided by the website users, nor shall we have an obligation to remove any User Generated content that you have opted to input and share on our site. However, we have the exclusive right to review any material posted to the website and to remove any materials in its sole discretion. We reserve the right at all times to disclose any information as we deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in our sole discretion.

We do not control or endorse the content, messages or information found in any User Generated section and, therefore, we specifically disclaims any liability with regard to them and any actions resulting what you do with any of such content.

COPYRIGHT INFRINGEMENT NOTIFICATION

We respect the intellectual property of others and asks its content partners and those posting to our site to do the same. Our network may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations, we have established procedures for enforcing this statement which are designed to be in accord with the Digital Millennium Copyright Act.

THIRD-PARTY LINKS

  1. a) CERTAIN LINKS ON THE WEBSITE MAY ALLOW YOU LEAVE OUR WEBSITE. THE LINKED SITES ARE NOT IN ANY WAY UNDER THE CONTROL OF IMAGE DIVA AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY OF SUCH LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. WE ARE NOT RESPONSIBLE FOR ANY FORM OF TRANSMISSION SENT OR RECEIVED FROM ANY LINKED SITE. WE ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ADOPTION OR ENDORSEMENT BY US OF THE SITE. YOUR USE OF ANY LINKED SITE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS OF USE AND PRIVACY POLICIES LOCATED ON SUCH SITE.

DISCLAIMERS

  1. a) The Contents have been compiled by us from internal and external sources. While we have made attempts to provide accurate and valid information on our site, no representation is made or warranty given as to the validity, completeness or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.
  2. b) OUR SITE IS PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES EXCEPT AS PROVIDED IN ANY APPLICABLE SLA, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

INDEMNITY

You hereby agree to indemnify, defend, and hold us and our subsidiaries, affiliates, licensors, officers, directors, representatives, partners, agents and employees harmless from any claim loss, liabilities or demand, including, but not limited to attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY, AND IN NO EVENTAND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE SHALL IMAGE DIVA OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GENERAL

  1. a) Governing Law. These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Quebec and Canada
  2. b) If any provision of these Terms is determined by a court to be unlawful, unenforceable or invalid as a whole, the parties agree that the court shall amend that provision to achieve as nearly as possible the same effect as the original provision and the remainder of these Terms of Use will remain in effect.
  3. c) No delay or omission by Image Diva to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

ENTIRE AGREEMENT

These Terms constitutes the entire agreement between you and us with respect to the Website and its use and, except with respect to our website containing additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether oral or written.

CONTACTING US

 In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Email: info@imagadiva.com.