WHITEPNG.COM Terms of Service

Welcome to the WHITEPNG.COM images website (referred to herein as the “site”) (we refer to the site and the services provided through the site, collectively, as the “WHITEPNG.COM features”). These terms of service (“terms of service” or “Terms”) set forth an agreement between you and WHITEPNG.COM incorporation (“WHITEPNG.COM”) governing your use of the WHITEPNG.COM features, including the WHITEPNG.COM blog, which has additional terms, as set forth below. By accessing this site, you signify your irrevocable acceptance of these terms of service.

WHITEPNG.COM has the right to modify or update these terms of service at any time without providing notice. Any additional or different terms in these terms of service shall be effective upon being posted on the site. Your continued use of any of the WHITEPNG.COM features following the posting of any additional or different terms in these terms of service constitutes your irrevocable acceptance of those additional or different terms.

Proprietary rights

All material (“materials”) displayed or transmitted on the site including, but not limited to, text, photographs, images, illustrations, video clips, audio clips, and graphics and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world are owned or licensed by WHITEPNG.COM, and are protected by Canada, United States and international intellectual property laws and treaties. WHITEPNG.COM grants you a limited, revocable license to access and use the materials for your personal use, subject to all of the terms and conditions of these terms of service. Except as provided in these terms of service, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, edit, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials, nor may you infringe any of the copyrights or other intellectual property rights contained in the materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary rights notices or legends from the materials. You may not archive or retain any of the materials accessed on the site without the express written permission of WHITEPNG.COM. You acquire no rights or license whatsoever in the materials other than the limited right to use the site in accordance with these terms of service. Any of the materials accessed or downloaded from the site must be accessed or downloaded in accordance with these terms of service. WHITEPNG.COM reserves all rights not expressly granted under these terms of service. WHITEPNG.COM incorporation reserves the right to pursue unauthorized users of its materials, including without limitation, any unauthorized use of its individual copyrighted images, video clips and graphics contained therein, each of which have independent economic value.  These and other violations of WHITEPNG.COM intellectual property rights may result in your liability for actual damages and loss of income to WHITEPNG.COM and profits you derive from this misappropriation, or alternatively, for statutory damages of up to $150,000 per infringed work, plus all costs and attorneys fees.

Links to other websites

WHITEPNG.COM may provide links to other Internet websites and resources and, if it does so, they are provided merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by WHITEPNG.COM of such websites or any content contained therein. You acknowledge and agree that WHITEPNG.COM is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources either via links provided by WHITEPNG.COM or by any user or third party.

Warranty disclaimers

The site and the WHITEPNG.COM features are provided on an “as is” and “as available” basis without any warranty or condition, express or implied. To the full extent permissible under applicable law, WHITEPNG.COM specifically disclaims all warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement.

WHITEPNG.COM makes no representation or warranty that (i) the site or the WHITEPNG.COM features will meet your expectations or requirements, (ii) the site or the WHITEPNG.COM features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the site or the WHITEPNG.COM features will be accurate, timely, complete or reliable, (iv) any errors or defects in the site or the WHITEPNG.COM features will be corrected, or (v) the site and the WHITEPNG.COM features and/or the server that makes the site and the WHITEPNG.COM features available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the site and the WHITEPNG.COM features may be interfered with by numerous factors outside of WHITEPNG.COM’s control including, but not limited to, telecommunications network disruptions. WHITEPNG.COM is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the site or the WHITEPNG.COM features.

You acknowledge that the entire risk arising out of the use or performance of the site or any of the WHITEPNG.COM features remains with you to the maximum extent permitted by law.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the site or any of the WHITEPNG.COM features is to discontinue use of the site and the WHITEPNG.COM features.

Limitation of liability

In no event shall WHITEPNG.COM or any of its directors, officers, employees, agents, consultants, parents, affiliates, successors, assigns or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, the inability to use, or reliance on the site including, but not limited to, the WHITEPNG.COM features, or the content, materials and functions related thereto, including, without limitation, loss of revenue, anticipated profits, business, programs or information, even if WHITEPNG.COM or such person or entity has been advised of the possibility of such damages and regardless of the form of action. Except in the case of the gross negligence or intentional misconduct of WHITEPNG.COM, in no event shall the total liability of WHITEPNG.COM to you or any third party for all damages, losses, and causes of action (whether in contract or tort including, but not limited to, negligence or otherwise) exceed one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.

Indemnity

You agree to defend, indemnify and hold WHITEPNG.COM and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees, agents, directors and officers, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the site or any of the WHITEPNG.COM features, (ii) your breach or alleged breach of these terms of service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the site or any of the WHITEPNG.COM features, or (iv) the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from your use of any of the WHITEPNG.COM features.

Privacy Policy

Please be sure to read our Privacy Policy, which is incorporated herein by reference.

Blog Terms of Use

The following terms of use apply specifically to the WHITEPNG.COM blog. Here are some basic ground rules you are bound by before going through the detailed legal terms and conditions, though the following are part of, and incorporated into the Terms:

1. You must use either your real name or nickname
2. Absolutely no paid comments are allowed.
3. You must not post any SPAM, links to Spam, Phishing sites, or other harmful content here.
4. No harsh, foul, demeaning or overly critical language is allowed.

Your use of this blog is subject to the WHITEPNG.COM terms of use (“Terms”) contained herein. In consideration for accessing, creating or contributing to this blog, you agree to abide by these Terms. Please read them carefully before posting any comment to this blog.

1. Rights in the Content You Submit

By posting your opinions, views and content (“Content”), you are granting WHITEPNG.COM a non-exclusive, royalty-free, perpetual, and worldwide license to use your Content, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work.

For Content you submit to a blog other than your own, label your submission with a full copyright notice, i.e., your name, the word “copyright” or symbol “©” and the year of first publication.

Attribution

When publicly displaying, publicly performing, reproducing or distributing copies of your Content, or Content as incorporated into a collective work, WHITEPNG.COM will make best efforts to credit your authorship. You grant WHITEPNG.COM permission to use your name for such attribution purposes. You, likewise, agree to represent yourself accurately. You acknowledge that misrepresentation may lead us, in our sole discretion, to delete any of your Content.

2. Conduct

Posting

WHITEPNG.COM reserves the right to remove certain content that you may post. As a general matter, you may post content freely to your blog and to those of others, so long as the content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

You may not use the WHITEPNG.COM name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by WHITEPNG.COM is strictly prohibited.

By posting content to any blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold WHITEPNG.COM harmless for any and all claims resulting from content you supply.

You acknowledge that WHITEPNG.COM shall have the right to remove in its sole discretion any content that it considers to violate these Terms or in the discretion of WHITEPNG.COM is inappropriate or against the best interests of WHITEPNG.COM.

Accessing

You understand that all content posted to WHITEPNG.COM blog is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives of WHITEPNG.COM.

You agree that WHITEPNG.COM will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Children

Collecting personal information from children under the age of 13 is prohibited. No Content should be directed toward such children without the express written permission of WHITEPNG.COM.

Miscellaneous

These terms of service, and any other agreement regarding the WHITEPNG.COM features or the blog between you and WHITEPNG.COM, constitute the entire agreement between you and WHITEPNG.COM with respect to your access and use of the site and the WHITEPNG.COM features and supersede all prior and contemporaneous agreements between you and WHITEPNG.COM. If any of the provisions of these terms of service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. WHITEPNG.COM’s failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. These terms of service shall be interpreted, and the laws of the state of Quebec, and applicable Canadian law, without regard to any conflicts of laws provisions, hereunder shall govern your performance. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Montreal. You also agree that, in the event any dispute or claim arises out of or relating to your use of the site or the WHITEPNG.COM features or the blog, that you and WHITEPNG.COM will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Montreal, Quebec with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, and then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Contact Us

If you have any other questions about these terms of service or your rights or WHITEPNG.COM’s obligations relating to any of the WHITEPNG.COM features or the Blog, please email us at info@whitepng.com or by mail at 420 Armand-Frappier #250, Laval, H7V 4B4, Quebec, Canada.