Flyover Photo
Terms and Conditions
Last updated January 9, 2024
Please read these terms and conditions (the "Terms")
carefully as they contain the legal terms and conditions that you agree to when
you use the Service (as defined below) provided to you by Brewster Inc.
(“Brewster”), through the Flyover Photo web site found at http://www.flyovercanada.com/photos
(the "Photo Site").
By using this Service, you agree to be bound by these Terms. Brewster
reserves the right to amend these Terms at any time without prior notice. Your
use of the Service following any such modification constitutes your agreement
to follow and be bound by the Terms as modified. These Terms constitute the
entire agreement between you and Brewster. If you do not wish to
be bound by these Terms, please do not use the Service.
1 Purpose of the Service
Brewster offers digital photography services that provide the ability to
access and use the Site to view, share, download and place orders of the
digital images taken at FlyOver Canada (the “Service”).
2. Third Party Service Providers
Brewster reserves the right to utilize third-party service providers to
offer and operate the Service. Such third-party service providers may be
located in third countries, including without limitation the United
States. By consuming or otherwise purchasing any of the Services, you
expressly consent to the export and processing of your data by such third-party
providers.
3. Accuracy, Completeness and Timeliness of the Information
Regardless of any information presented on the Photo Site, Brewster reserves
the right without prior notice to discontinue the Service, without incurring
any obligations. The Photo Site should not be relied upon or used as the sole
basis for making significant decisions without consulting primary or more
accurate, complete, or timely sources of information. Although Brewster make
reasonable efforts to ensure that all material on the Photo Site is correct,
accuracy and integrity cannot be guaranteed, and Brewster does not assume any
responsibility or obligation for the accuracy, completeness, or authenticity of
material on the Photo Site.
4. Availability
Brewster uses reasonable endeavors 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.
Reasonable steps will be taken to minimize such disruption where it is within
the reasonable control of Brewster. You agree that Brewster and
its service providers shall not be liable to you for any modification, suspension,
or discontinuance of the Service.
5. Privacy
Click here to
see the Photo Site’s Privacy Policy.
6. Trademarks
You are prohibited from using any of the marks or logos appearing throughout
the Photo Site without permission from the trademark owner, except as permitted
by applicable law.
7. Copyright
Brewster, or its third-party provider, is, unless otherwise stated, the
owner of all copyright and database rights in the Service. Brewster, unless
stated otherwise, is the owner of any photographic material contained on this
Photo Site. You may not publish, distribute, extract, re-utilize or reproduce
part or all of any such content in any material form (including photocopying or
storing it in any medium by electronic means).
8. Intellectual Property Rights of Others
We respect the intellectual property rights of others and request that our
visitors do the same. If you think your work has been copied in a manner that
constitutes copyright infringement, you may notify us using the “Contact Us”
link at the bottom of the page
The notification must include ALL the following:
a. a physical or electronic signature of the
copyright owner or the person authorized to act on the owner’s behalf;
b. a description of the copyrighted work you claim
has been infringed;
c. a description of where the material you claim is
infringing is located on the Photo Site;
d. your name, address, telephone number, email
address and all other information reasonably sufficient to permit Brewster to
contact you;
e. a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
f. a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Brewster is under no obligation to post, forward, transmit, distribute, or
otherwise provide any material available on this Photo Site, including material
you provide to us, and so we have an absolute right to remove any material from
the Photo Site in our sole discretion at any time.
9. Registration
To purchase from or register as a member of the Service you must be 18 years
of age or over. You agree that the information that you provide to Brewster 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 Brewster and its
provider will communicate with you about your account and your orders.
10. Password
When you register as a member you will be asked to provide a password. You are
responsible for all activities that occur under your username or password.
Thus, you should keep your username and password confidential. You must notify
Brewster immediately of any unauthorized use of your password or if you believe
that your password is no longer confidential. Brewster reserves the right to
require you to alter your password if Brewster believes that your password is
no longer secure.
11. Storage Policy and Photo Availability
Photos taken at [Venue Name] and uploaded by Brewster or [Venue Name] to the
Photo Site should be available online the morning after the day the photos were
taken. The photos must be claimed within thirty (30) days from the date they
were taken. Photos not claimed within thirty (30) days will no longer be
available to be viewed or claimed.
Once photos are claimed and associated with a user account, they will be
available for viewing, sharing, downloading, and purchasing for thirty (30)
days, after which the photos will be permanently deleted. Brewster reserves the
right to not upload content of any type that, in Brewster’s sole discretion,
might be deemed offensive. Brewster is not responsible for lost or missing
photos.
12. Formation of a Binding Contract
When placing your order, Brewster will obtain authorization from your credit
card company for the amount of your order. No contract will exist between you
and Brewster for the supply of any services or products unless and until
Brewster accepts your order. Acceptance of your order shall take place when
your credit card is charged which will occur upon placement of your order.
Until your credit card is charged, Brewster reserves its right to cancel your
order.
Brewster utilizes a third-party service provider to operate the Service and
collect payment on behalf of Brewster. As such, credit card charges will
appear as originating from My Souvenir Photos.
13. Product Availability
Receipt of your order does not guarantee that Brewster can supply the
selected products to you. All the products on the Photo Site are subject to
availability and Brewster must therefore reserve the right to (a) limit
quantities of products it supplies, (b) supply only part of an order or to
divide up orders, or (c) alter the availability and duration of, and to
terminate at any time, any special offers.
14. Photo Downloads
Photo download purchases may be made available through the Photo Site.
Whether the Photo Site offers the ability to purchase a photo download will be
identified on the Photo Site. Photo downloads include all images uploaded by
Brewster to the Photo Site that have been claimed by you where the images have
not already been deleted by you and have not already expired at the time of the
download purchase. Custom content available through the Photo Site, including but
not limited to, image borders and overlays, may be available as part of a
download purchase.
After a download of all your images is purchased, a download link will be
provided to you via email. You may initiate the image download an unlimited
number of times via the provided link for thirty (30) days after which time the
download link will automatically expire. A text file explaining your limited
rights to the images will be provided with the images when they are downloaded.
You may also download individual images directly to your mobile device or
computer.
15. Pricing and Delivery
All prices are stated in U.S. dollars and are valid until altered by
Brewster. Links may be available from time to time on the Photo Site for
special offers for selected products. Prices do not include delivery charges,
import duties, or value added taxes that may be added by the order destination
country. Any applicable shipping and handling charges and/or U.S. sales tax
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, Brewster
will contact you to let you know the correct price and ask you whether you
still wish Brewster to fulfill your order at the correct price. Any dates specified
for delivery of any products are intended to be an estimate only.
16. Return Policy
Unless otherwise required by law, if for any reason, you are not satisfied
with any print or photo product you purchase, simply return it within thirty
(30) days from date of purchase and Brewster will either reprint the original
print or photo product at no cost to you or refund the original purchase price.
Please click on the “Help” link at the bottom of this page for information
regarding returns and refunds. Brewster will issue a refund to your credit card
or reprint your original print or photo product when your return is received.
Photo download purchases are not refundable.
17. Sharing and Social Network Posting of Photos Through the
Photo Site
You are responsible for naming the persons to share your photos. To share
your photos online, you must provide a valid e-mail address for each recipient.
Neither Brewster nor its vendors are responsible for undeliverable e-mail
addresses. Brewster reserves the right to filter the text content of the share
e-mail subject line and message. Recipients are not required to register prior
to viewing your pictures. When you delete a shared photo, it is deleted from
all recipient accounts. Recipients can delete their copy of a photo which will
only remove it from their account.
Posting of photos to social networks, including but not limited to Facebook
(Meta), may be available through the Photo Site. The ability to post photos
will be identified on the Photo Site, if available, along with the applicable
social network options.
18. External Links
From time to time Brewster may provide links that will take you to
third-party web sites. These links are provided for your convenience. If you
decide to access linked web sites, you do so at your own risk. Brewster does
not endorse or takes responsibility for the content on other web sites or the
availability of other web sites and you agree that Brewster is not liable for
any loss or damage that you may suffer by using other web sites. These terms do
not govern your use of a third-party web site and different terms and
conditions will apply to your use of any linked sites.
19. User Conduct
You agree to use the Photo Site only for lawful purposes. You agree not to
take any action that might compromise the security of the Photo Site, render
the Photo Site inaccessible to others or otherwise cause damage to the Photo
Site. You agree not to use the Photo Site in any manner that might interfere
with the rights of third parties.
20. Indemnification
You understand and agree that you are personally responsible for your
behavior on the Photo Site. You agree to indemnify, defend and hold harmless
Brewster and its processors, and their respective parent companies,
subsidiaries, officers, directors, contractors, suppliers, affiliated
companies, joint venturers, business partners, licensors, employees, agents,
and any third-party providers to the Service from and against any and all
claims, losses, liabilities, expenses, damages and costs (including, but not
limited to, direct, incidental, consequential, exemplary and indirect damages),
and reasonable attorneys’ fees and court costs, resulting from or arising out
of your use, misuse, or inability to use the Photo Site, the Service, or the
content, or any violation by you of these Terms. If you cause a technical
disruption of the Service or the systems transmitting the Service to you or
others, you agree to be responsible for any and all losses, liabilities,
expenses, damages and costs, including reasonable attorneys’ fees and court
costs, arising or resulting from that disruption.
21. Customer Feedback
Brewster does not want to receive confidential or proprietary information
from you via the Photo Site. Any comments, suggestions, ideas, enhancement
requests, feedback, recommendations or other information provided to Brewster
in connection with the operation or content of this Photo Site shall be
considered non-confidential and non-proprietary.
You understand and agree that Brewster or their respective suppliers shall
be the sole owner(s) of all information, material, or data you provide
regarding the performance of, or any suggestions as to any improvement or
changes to, the Service. You further agree to execute any additional documents
that become necessary for Brewster or their respective suppliers to obtain,
maintain, or exercise its ownership rights.
22. Termination of Membership
Brewster reserves the right in its sole discretion to terminate your use of
the Photo Site and your membership if you violate any of these Terms or if your
account has been inactive for more than one year.
23. Applicable Law and Jurisdiction
The Service, the Photo Site and Brewster are based in the United States.
Unless prohibited by law, these Terms and your use of the Service shall be
governed by and construed in accordance with the laws of the State of New York,
without regard to its rules on conflicts of law. To the fullest extent
permitted by law, any disputes arising under or in connection with these Terms
shall be subject to the non-exclusive jurisdiction of the state and federal
courts of the State of New York.
24. Disclaimer of Warranty and Limitation of Liability
THE SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND
SERVICES ARE PROVIDED BY Brewster ON AN "AS IS" AND “AS AVAILABLE”
BASIS WITH NO WARRANTIES WHATSOEVER. Brewster EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ASSOCIATED WITH THE
SERVICE ARE NON-INFRINGING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER
THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION
ASSOCIATED WITH THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY.
YOU UNDERSTAND AND AGREE THAT 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 DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY
RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. IN THE EVENT OF ANY MISTAKE
BY Brewster, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE PRODUCT, Brewster
WILL REPLACE AND Brewster WILL BE LIABLE ONLY TO THE EXTENT OF THE RETURN
POLICY STATED IN THESE TERMS.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST
EXTENT ALLOWED BY LAW, Brewster SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES
RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE PHOTO SITE AND ALL
RELATED PRODUCTS AND SERVICES, EVEN IF Brewster 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.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER
THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF
OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN
IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
25. Circumstances Beyond our Reasonable Control
Brewster is not liable for delays in performance caused by circumstances
beyond its reasonable control and will be entitled to an extension of time for
performance; examples include strikes, supplier/transport/production problems,
exchange fluctuations, governmental or regulatory action and natural disasters.
If such circumstances continue for more than one month, either party may
terminate a contract for the purchase of products without compensation.
26. Miscellaneous
The title and risk of loss for print or photo products purchased by you
through the Service passes to you upon our delivery of such products to the
carrier for shipment to you. Brewster may assign its rights and
responsibilities hereunder without notice to you. Brewster reserves the
specific right to transfer the running of the Service to a third party.
Brewster’s failure to enforce any right or provision in these Terms shall not
constitute a waiver of such right or provision. If any part of these Terms is
held to be invalid or unenforceable, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision most
closely matching the intent of the original provision and the remainder of the
Terms will continue in effect.
27. How to Contact Us
If you have any comments or questions about these Terms and Conditions or
the Service, please contact us by returning to the "Help" menu and
choosing the "Contact Us" link.