| Terms of Service
Please read these Terms of Service ("Terms")
carefully as they contain the legal terms and conditions
that you agree to when you use the digital photography
services provided to you by Seemyparty.com, provided
through www.seemyparty.com (collectively, the "Service").
By using our Service you agree to be bound these Terms which contains provisions applicable
to all users of our Service, including casual visitors.
If you choose to register as a member of, or make a
purchase through, our Service, you will be asked to
check a box to indicate that you have also read and
agree to be bound by the additional wording set out
Provisions applicable to all Users of the Service (Whether
Registered or Not)
This Service is operated by "Seemyparty.com".
Seemyparty.com is also referred to in these Terms as
"we" and "us".
2. Purpose of the Service
Seemyparty.com offers digital photography services that
provide the ability to view, share, store and print
digital images through a range of electronic devices
including personal computers and hand-held devices.
Seemyparty.com uses reasonable endeavours to ensure
that the Service is available 24 hours a day 7 days
a week. However, there will be occasions when the Service
will be interrupted for maintenance, upgrades and emergency
repairs or due to failure of telecommunications links
and equipment that are beyond the control of Seemyparty.com.
Every reasonable step will be taken by Seemyparty.com
to minimise such disruption where it is within the reasonable
control of Seemyparty.com. You agree that Seemyparty.com
shall not be liable to you for any modification, suspension
or discontinuance of the Service.
Seemyparty.com has a firm commitment to safeguarding
your privacy. Please review Seemyparty.com's Privacy
are incorporated into, and considered part of, these
All brand, product and service names used in this Service
which identify Seemyparty.com, its parent company Original-Fly
Multimedia Corporation ("Original-Fly") or
third parties and their products and services are proprietary
marks of Seemyparty.com, Original-Fly and/or the relevant
third parties. Nothing in this Service shall be deemed
to confer on any person any license or right on the
part of Seemyparty.com, Original-Fly or any third party
with respect to any such image, logo or name.
Seemyparty.com is, unless otherwise stated, the owner
of all copyright and database rights in the Service
and its contents. You may not publish, distribute, extract,
re-utilize or reproduce any such content in any material
form (including photocopying or storing it in any medium
by electronic means) unless you have permission in writing
by a signing officer of Seemyparty.com.
7. External Links
From time to time Seemyparty.com may provide links that
will take you to other, third party websites. These
links are provided for your convenience. If you decide
to access linked websites you do so at your own risk.
Seemyparty.com does not endorse or take responsibility
for the content on other websites or the availability
of other websites and you agree that Seemyparty.com
is not liable for any loss or damage that you may suffer
by using other websites.
8. Amendment of the Terms
We reserve the right to amend these Terms from time
to time. If you have registered as a member, we shall
notify you of any material changes to these Terms by
email sent to the address you have provided to Seemyparty.com
for your account. If you continue to use the Service
once you have been notified of the changes to these
Terms, you will be deemed to have accepted those changes.
9. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance
with the laws of the Province of Ontario. Any disputes
arising under or in connection with these Terms shall
be subject to the non-exclusive jurisdiction of the
province of Ontario.
These Terms constitute the entire agreement between
Seemyparty.com and you with respect to your use of the
Service. Seemyparty.com's failure to enforce any right
or provision in these Terms shall not constitute a waiver
of such right or provision. If a court should find that
one or more rights or provisions contained in these
Terms is invalid, you agree that the remainder of the
Terms shall be enforceable.
If you have any comments or questions about the Service
please contact us by email at firstname.lastname@example.org or
by telephone on (416) 749-3895. Please note that telephone
calls made by you to Seemyparty.com may be randomly
recorded and monitored for training and quality assurance.
To purchase from or register as a member of the Service
you must be 18 years or over.
You agree that the information that you provide to
us on registration and at all other times will be true,
accurate, current and complete. You also agree that
you will ensure that this information is kept accurate
and up to date at all times. This is especially important
with respect to your email address, since that is the
primary way in which we will communicate with you about
your account and your orders.
When you register as a member you will be asked to provide
a password. As you will be responsible for all activities
that occur under your password, you should keep your
password confidential. You must notify Seemyparty.com
immediately of any unauthorized use of your password
or if you believe that your password is no longer confidential.
We reserve the right to require you to alter your password
if we believe that your password is no longer secure.
14. Formation of a Binding Contract
No contract will exist between you and Seemyparty.com
for the supply of any services or products unless and
until Seemyparty.com accepts your order by a confirmatory
e-mail or other appropriate means of communication.
15. Pricing and Delivery
All prices are stated in Canadian dollars and are valid
until altered by us. Prices do not include delivery
charges or any import duties that may be added by the
order destination country. Postage will be added to
your order during the checkout process. In the event
that you order products and the price published on the
Service was incorrect, Seemyparty.com will contact you
to let you know the correct price and ask you whether
you still wish Seemyparty.com to fulfill your order
at the correct price. Any dates specified for delivery
of any products are intended to be an estimate only.
16. Right to Return
You may return any item which you have ordered from
us for any reason within 30 days of receipt.
17. Copyright to Images
Seemyparty.com does claim ownership rights in any image
contained on seemyparty.com. For the sole purpose of
enabling us to display our images through the Service
and fulfilling any orders for you or those you have
shared your images with, you grant to Seemyparty.com
a non-exclusive, royalty-free license to use, copy,
distribute, and display those images.
You are responsible for all of the images you upload,
share or view or published
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, comment, post, order for print, email
or otherwise transmit or communicate any material that
is obscene, offensive, blasphemous, pornographic, unlawful,
threatening, menacing, abusive, harmful, an invasion
of privacy or publicity rights, defamatory, libellous,
vulgar, illegal or otherwise objectionable;
c. to upload, post, comment, order for print, email
or otherwise transmit or communicate any material that
you do not have a right to transmit or communicate under
any contractual or fiduciary relationship or which infringes
any copyright, trade mark, patent or other intellectual
property right or any moral right of any party including,
but not limited to Seemyparty.com and Original-Fly;
d. to harm minors in any way, including, but not limited
to, content that violates child pornography laws, child
sexual exploitation laws and laws prohibiting the depiction
of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers
in order to disguise the origin of any content transmitted
through the Service;
f. to upload, post, email, comment, or otherwise transmit
any material which is likely to cause harm to Seemyparty.com
or anyone else's computer systems, including but not
limited to that which contains any virus, code, worm,
data or other files or programs designed to damage or
allow unauthorised access to the Service which may cause
any defect, error, malfunction or corruption to the
g. to make images hosted by Seemyparty.com available
for viewing by the general public through a publicly
posted link to the image or otherwise;
h. for any commercial purpose.
You further agree that you shall not:
a. interfere with or disrupt (or attempt to interfere
with or disrupt) this Service or servers or networks
connected to this Service, or to disobey any requirements,
procedures, policies or regulations of networks connected
to this Service; or
b. provide any information to Seemyparty.com that is
false or misleading, that attempts to hide your identity
or that you do not have the right to disclose.
19. Monitoring of Content
Seemyparty.com does not control the content of members'
accounts and does not have any obligation to monitor
such content for any purpose. You acknowledge that you
are solely responsible for all content and material
you provide to the Service.
20. Suspension and Termination of Access and
You agree that Seemyparty.com may at any time without
a. refuse to accept your application to become a member
b. move or suspend any part of the Service; or
c. refuse to fulfill any order, or any part of any
order or terminate your account and delete any content
stored in your account if, in Seemyparty.com's sole
discretion, you fail to comply with any of these Terms
or if a competent regulatory authority requires Seemyparty.com
to do so.
21. Storage Policy
Seemyparty.com provides online storage of images to
its members. To maintain storage, you need to make a
purchase from Seemyparty.com at least once every 12
months (the 12 month period will restart with each purchase).
If you do not purchase any product or service from Seemyparty.com
for a period of 12 months, Seemyparty.com may delete
the images stored in your account. In addition, if your
account becomes inactive for a period of 60 months,
Seemyparty.com may, at its option, terminate access
to the account altogether (including deletion of any
account information held by Seemyparty.com). Seemyparty.com
may change this policy at any time, upon reasonable
notice to you.
22. Disclaimer of Warranty and Limitation of
Seemyparty.com agrees that all services will be carried
out with reasonable skill and care, and any goods supplied
will be of satisfactory quality and reasonably fit for
THE SERVICE, SEEMYPARTY.COM'S SITES AND ALL RELATED
PRODUCTS AND SERVICES ARE PROVIDED BY SEEMYPARTY.COM
"AS IS" WITH NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED
BY LAW, SEEMYPARTY.COM DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY
DIGITAL CONTENT OR FILM IMAGE TO SEEMYPARTY.COM, AND
THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO
YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD
OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE
FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE
EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR FILM, SEEMYPARTY.COM
SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT
OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY
MISTAKE BY SEEMYPARTY.COM, SUCH AS THE SHIPMENT OF A
DEFECTIVE PRODUCT, SEEMYPARTY.COM WILL BE LIABLE ONLY
TO THE EXTENT OF ITS RETURN POLICY.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH,
TO THE FULLEST EXTENT ALLOWED BY LAW, SEEMYPARTY.COM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
RESULTING FROM THE USE OR PROVISION OF THE SERVICE,
SEEMYPARTY.COM'S SITE AND ALL RELATED PRODUCTS AND SERVICES,
EVEN IF SEEMYPARTY.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS
AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.