Tejas Management Ltd. o/a Photo Adventures

Please carefully read these Terms of Use before using the website of Tejas Management Ltd., operating as Photo Adventures & Photoadventures.ca ("Photo Adventures"; the "Website"). By accessing any part of the Website, you agree to be bound by these Terms of Use. These Terms of Use may be changed at any time at Photo Adventures sole discretion and without notice. All orders and purchases made through this website are also subject to the Terms of Use.

Photo Adventures may correct errors and inaccuracies or change or update any information on this website at any time and without notice, including with respect to price and availability of items. All prices listed on this Website are listed in Canadian dollars. All charges shall be processed in Canadian dollars and converted by your credit card company to local currency. You agree to pay for all charges noted herin as payable by you. Photo Adventures also reserves the right to limit the quantity of items that you may buy. Photo Adventures reserves the right not to ship to certain addresses. All items are delivered by a third party, and delivery is governed by their shipping contracts.

Proprietary Rights

All works, content and materials on this Website, including without limitation, all text, design, graphics, drawings, photographs, code and software (the "Materials") and all organization and presentation of the Materials, which forms a part of this Website, are the exclusive property of Photo Adventures or its licensors and is protected by intellectual property laws relating to copyright, trade-marks, official marks, trade names, trade dress and other proprietary rights. Nothing on this Website shall be contrued as providing, by implication, estoppel or otherwise any license to any of the Materials under any intellectualproperty right of Photo Adventures or its licensors, except as expressly granted herein. You may not copy, modify, distribute, republish, display or upload any of the Materials in any form by any means without Photo Adventures prior written consent.

Trade-marks and Copyright

The trade-marks, service logos, slogans and Internet domain names on the Website are the exclusive property of Photo Adventures. Use of any such property, except as expressly authorized, shall constitue a violation of the rights of the owner or the property.

Copyright Notice: Copyright © 2005-2006 Tejas Management Ltd. operating as Photo Adventures, Box 1628, 128 Banff Avenue Banff, AB Canada T1L1B5, CANADA. All rights reserved.

Permitted Uses

Photo Adventures agrees to provide access to the Website to you solely in accordance with the Terms of Use. In consideration therefor, you shall:

(a) have the right to download the Materials on one computer for personal, non-commercial use only, provided that you do not remove or amend any copyright, trade-mark and other proprietary rights notices;
(b) not create derivative works from or exploit the Materials in any way;
(c) indemnify, defend and hold harmless Photo Adventures from any and all unauthorized uses that you or anyone accessing the Website by you, directly or indirectly, may make of the Materials;
(d) acknowledge that the unauthorized use of the Materials could cause irreparable harm to Photo Adventures and that in the event of an unauthorized use, Photo Adventures shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Photo Adventures; and
(e) only use this Website if you are legally able to make binding contracts under applicable law.

Privacy

For an explanation of Photo Adventures practices and policies related to the collection, use and disclosure of customers information, please read its Privacy Policy.

Disclaimer

Photo Adventures does not guarantee the currency, accuracy or reliability of any of the information contained in this Website. You acknowledge and agree that any reliance upon any of the information on this Website, including the Materials, shall be at your own risk and expense. Although this Website uses encryption security, Photo Adventures does not guarantee that personal information and transaction on this Website or the Internet will remain confidential or secure. Photo Adventures does not guarantee that access to this Website will be uninterrupted, accurate, or error-free or that the Website or its server will be free of viruses or other harmful components.

THIS WEBSITE AND ALL CONTENTS, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights which vary from jurisdiction to jurisdiction.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE INCLUDING ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL YOBP, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF YOBP OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

General

The Terms of Use contain the entire agreement and understanding between Photo Adventures with respect to its Website and you and supersede any and all written and oral agreements previously existing between us with respect to such subject matter.

The Website is controlled by Photo Adventures from its offices within the Province of Alberta, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of of Province of Alberta, by accessing the Website, you acknowledge and agree that all matters relating to the access to, or use of, the Website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily and are responsible for complying with local laws excluding conflicts of laws principles therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Photo Adventures failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

The parties have requested that this Agreement and all documents relating there to be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

All rights not expressly granted herein are reserved.