Milton Photo 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 Milton Photo online photography service, provided through www.miltonphoto.com or co-branded retailer sites, as well as mobile and Facebook applications (collectively, the “Service”). By using our Service you agree to be bound by Part A of 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 in Part B of these Terms.
Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)
This Service is operated by Milton Photographic Limited (“Milton Photo”), a company under the laws of the Province of Ontario. Milton Photo is also referred to in these Terms as “we” and “us”.
2. Purpose of the Service
Milton Photo offers digital photography services that provide the ability to view, share, and store and print digital images through a range of electronic devices including personal computers and hand-held devices.
3. Backup your data
Milton Photo requires that you maintain a backup copy of all images and content stored on the Service such that in the event of a catastrophic data loss on the Service, your images will be also be available on your local computer or archived media. 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.
Milton Photo 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 or due to failure of telecommunications links and equipment that are beyond the control of Milton Photo. Every reasonable step will be taken by Milton Photo to minimize such disruption where it is within the reasonable control of Milton Photo You agree that Milton Photo shall not be liable to you for any modification, suspension or discontinuance of the Service.
Our Promises to You
We know that you care how information about you is used and shared, and we appreciate your trust. Spam is the bane of the internet and we won’t have anything to do with it.
We promise that we will never share your e-mail address or other identifiable information with any third party company (no external spam), except for photo retailers that you specifically engage with.
We promise to protect your information through the use of secure databases.
Personally Identifiable Information
We collect the personally identifiable information that you submit on the registration and user profile forms to permit you access to our site and to enable credit card verification, where applicable. Please note that any optional information you fill out might be visible to other users on the site (i.e. your biography, or location in the world). If you do not feel comfortable with others knowing this information, then leave it blank.
Generally, the information Milton Photo collects helps us communicate with you. For instance, we use your email address to provide you with an email confirmation of your registration and order confirmation messages.
We will not share, rent or sell your personally-identifiable information with any entity, other than retailers you have engaged with, subject to the provisions below. We may share your information with our vendors in connection with system maintenance and other services that these individuals or entities perform for us. In some cases, we may run a joint marketing effort with third parties.
We will only release personal information without your authorization in the following situations:
To the authorities when necessary to comply with the law (i.e. answering subpoenas).
To protect the rights, property, or safety of Miltonphoto.ca, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
To enable us to provide the best possible product to our partners, Photo Finale uses 3rd-party libraries, such as Google Analytics, which aggregate information about how our sites are being used. We do not collect any personally identifiable information about users or their photos.
You can opt-in to receive our newsletter. This information will not be sent to you if you ask us not to include your name on our mailing lists. If you have previously consented to have Milton Photo send you our newsletter and no longer wish to be contacted, please follow the link at the bottom of each newsletter to subscribe.
As we live in a world where digital theft is increasingly rampant, we must advise you to choose a password that is not easily guessed by others. Please make sure that your password is 8 or more characters and is composed of both letters and numbers. In addition, it is recommended that you use a separate password for every website to which you are a member. This is a form of damage control, in case the security of one website is compromised, your other accounts are still protected. Should you forget your Milton Photo password, it will be emailed to you or reset at your request.
Use of Automatic Information and Cookies
In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique “cookie” on your browser, separate from the one placed by Miltonphoto.com. We do not have any control or knowledge on the contents or purposes of these cookies.
Children below thirteen years of age should not use our website or software, nor do we have any intention of collecting any personally identifiable information from individuals under thirteen years of age. If you are aware that a child has provided us with personally identifiable information, please contact us and we will remove the information.
Updating or Deleting Your Information
You can change or delete any optional information in your account settings.
We understand that many consumers are concerned about security on the Internet. The security of the information that you provide to us is also very important to us. To prevent unauthorized disclosure, maintain data accuracy and ensure the correct use of information, we have in place reasonable physical, electronic and managerial procedures to safeguard and secure any information we collect online. Our payment systems use Secure Sockets Layer (SSL), an advanced encryption protocol, to scramble credit card information that you enter so that it cannot be read as it is transmitted across the Internet. SSL is the recognized industry standard worldwide for such sensitive transactions, enhancing safety when you shop with a credit card on the web. It is important for you to protect against unauthorized access to your password and to your computer.
When using a shared computer, be sure to sign off and do not opt to stay logged in. Should you realize that you accidentally allowed a third party to access your account, you must let us know immediately, as you may be held liable for their actions in your name.
In the event that our security system is breached resulting in the disclosure of any personal information, we will attempt to notify you as soon as possible.
All brand, product and service names used in this Service which identify Milton Photo, or third parties and their products and services are proprietary marks of Milton Photo, 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 Milton Photo or any third party with respect to any such image, logo or name.
Milton Photo 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) other than in accordance with the limited use license set out in our copyright notice.
8. Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact Milton Photo at firstname.lastname@example.org. You must provide the following information, which Milton Photo may then forward to the alleged infringer:
(a) identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
(b) provide your address, telephone number, and email address;
(c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
(e) provide your physical or electronic signature.
Upon receiving your complaint, Milton Photo may remove content that you believe infringes your copyright. In addition, Milton Photo may terminate the account of the member who appears to be infringing your intellectual property rights.
9. External Links
From time to time Milton Photo 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. Milton Photo does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Milton Photo is not liable for any loss or damage that you may suffer by using other websites.
10. 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 Milton Photo 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.
11. 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 Provincial and Federal courts of Ontario.
These Terms constitute the entire agreement between Milton Photo and you with respect to your use of the Service. Milton Photo’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 a provision 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 email@example.com
Part B: Provisions Applicable to Registered Members and Customers
To purchase from or register as a member of the Service you must be 16 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 Milton Photo 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.
16. Formation of a Binding Contract
No contract will exist between you and Milton Photo for the supply of any services or products unless and until Milton Photo accepts your order by a confirmatory e-mail and it is still subject to product availability.
17. Pricing and Delivery
All prices are stated in CND dollars and are valid until altered by us. Orders can be picked up in store in as little as one hour. Prices do not include delivery charges or any import duties that may be added by the order destination country. Shipping charges will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be an estimate only.
18. Copyright in Your Images
Milton Photo does not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to Milton Photo a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, 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, libelous, vulgar, illegal or otherwise objectionable;
c. to upload, post, 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 Milton Photo;
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 or otherwise transmit any material which is likely to cause harm to Milton Photo 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 unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
g. to make images hosted by Milton Photo 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 Milton Photo that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
20. Monitoring of Content
Milton Photo 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.
21. Suspension and Termination of Access and Membership
You agree that Milton Photo may at any time without notice:
a. refuse to accept your application to become a member of Photo Finale;
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 Milton Photo’s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Milton Photo to do so.
22. Disclaimer of Warranty and Limitation of Liability
Milton Photo 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 their purpose. THE SERVICE, MILTON PHOTO’S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY MILTON PHOTO “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, MILTON PHOTO 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 MILTON PHOTO, 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, MILTON PHOTO SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY MILTON PHOTO, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, MILTON PHOTO WILL BE LIABLE ONLY FOR THE COST OF THE ORDER. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, MILTON PHOTO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, EVEN IF MILTON PHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Quality comes first at Milton Photo. If your photofinishing or photo gift products are defective we will reproduce your product at no charge. Please bring your order to show our staff the problem within 7 days of receiving your order.
For all non custom products (frame, cameras, film, albums & accessories) we offer returns within 15 days of your purchase with your receipt.
Returns can be brought to our store, or by mail. In order to return by mail you must email firstname.lastname@example.org to receive a return authorization number that is valid for 7 days.
Return by mail address:
55 Ontario Street
All Returns must be in original packaging and accompanied with the original receipt.