Terms and Conditions

Terms and Conditions

The Printing House Limited

Terms of Use

Updated: September 2021

Acceptance of the Terms of Use

These Terms of Use (“Terms”) for http://tph.ca (the “Website”), constitute a legal agreement and are entered into by and between you and The Printing House Limited (herein referred to as “we”, “us”, “our” or “TPH”). The Terms govern your access to and use, including any content, functionality and services offered on or through the Website, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with TPH and set up an account). The term “User” or “you” refers to a Visitor or a Member.

BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU ACCEPT AND AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY WWW.TPH.CA/PRIVACY WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.

In order to participate in or receive certain products or services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the products or services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into these Terms. To the extent there is a conflict between these Terms the terms and conditions posted for a specific area of the Website or in connection with a product or service, the latter shall have precedence with respect to your use of that area of the Website, product or service.

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Modifications to the Terms and to the Website

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such non-material modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms in order to be aware of any such non-material modifications and your continued use shall be your acceptance of these.

The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time at our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a User’s internet connection are aware of these Terms and comply with them. The Website, including content or areas of the Website, may require User registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at www.tph.ca/privacy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided with an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifiers, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms. TPH reserves the right, in TPH’s sole discretion, to refuse to accept any content provided by you to TPH or to process any order at any time and for any reason.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

All software, materials, information and content offered by TPH (the “Content”) are protected by copyright and other applicable laws. It is strictly prohibited to retain, copy, distribute, publish or use any portion of the Content except as expressly allowed in these Terms. TPH reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by you or TPH remain the property of TPH and its licensors.

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, materials, content, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by TPH, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The TPH name, the TPH logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of TPH or its affiliates or licensors. You must not use such marks without the prior written permission of TPH. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Third-Party Links

We may provide links to third-party sites that might be of interest to you. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the content or availability of these sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to each site’s privacy and other policies and terms and conditions of their service. If you have any questions or concerns regarding these third-party sites, please contact their site’s webmaster or site administrator.

Conditions of Use and User Submissions and Site Content Standards

The Website may now or in the future permit you or other users to submit, post, publish, display or transmit (collectively “submit”) photos, videos, content, material and information to the Website, to other users or other persons (collectively “User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Any and all User Submissions must comply with all applicable federal, provincial, local and international laws, regulations and terms of service.

The following content standards apply to any and all User Submissions and any and all Interactive Functions.

You shall be solely responsible for your own User Submissions and the consequences of submitting them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize TPH to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms. For clarity, you retain all of your ownership rights in your User Submissions.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submission shall not:

(i)   In any manner violates any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy found at www.tph.ca/privacy.

(ii)  Involve, provide or contribute any false, inaccurate or misleading information.

(iii)   Include or contain any material that is unlawful, exploitive, obscene, harmful, abusive, defamatory, libellous, threatening, sexually explicit or pornographic, violent, inflammatory, harassing, hateful, racially or ethnically offensive, discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable,  or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate, such determination to be made in TPH’s sole discretion.

(iv)   Transmit, or procure the sending of, any advertisements or promotions, sales or encourage any other commercial activities, including, without limitation any advertising or any other similar solicitation.

(v) Impersonate or attempt to impersonate TPH, a TPH employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

(vi)   In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

(vii) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.

(viii) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm TPH or users of the Website or expose them to liability.

(ix)   Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

(x)   Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(xi) Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.

User Submissions: Grant of Licence

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by TPH. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms.

You understand and agree that you, not TPH nor TPH’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Website Monitoring and Enforcement, Suspension and Termination

TPH does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TPH expressly disclaims any and all liability in connection with User Submissions. TPH does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TPH will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights.

TPH has the right, without provision of notice to:

  1. Remove or refuse to post on the Website any User Submissions for any or no reason at our sole discretion.
  2. At all times, take such actions with respect to any User Submission deemed necessary or appropriate at our sole discretion.
  3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
  4. Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitations, any violation of these Terms.

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources and that TPH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TPH with respect thereto, and agree to indemnify and hold TPH, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

YOU WAIVE AND HOLD HARMLESS TPH AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TPH AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER TPH OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

TPH permits you to link to materials on the Website for personal, non-commercial purposes only in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. TPH reserves the right to discontinue any aspect of the Website at any time.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

Storage Policy

TPH provides free online storage of images to its members for an initial period of 12 months from the date you first upload an image to your account. To maintain free storage, you need to make a purchase on the Website 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 us for a period of 12 months, we may delete the images stored in your account. In addition, if your account becomes inactive for a period of 60 months, TPH may, at its option, terminate access to the account altogether (including deletion of any account information held on the Website). We may change this policy at any time, upon reasonable notice to you. 

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, found at www.tph.ca/privacy, as we deem necessary for use of the Website and provision of services.

Disclaimer of Warranty

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER TPH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER TPH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

IN NO EVENT SHALL TPH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL. LOSS OF DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING FROM OR IN CONNECTION WITH YOUR USE OR THE INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTINGS OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to fully defend, indemnify and hold harmless TPH, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against all damages, claims, liabilities, judgments, awards, losses, fees, expenses or costs, including reasonable legal fees, arising out of or relating to (i) your breach of these Terms; (ii) your use of the Website, including but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services and products other than as expressly authorized in these Terms; or (iii) any text, photograph, image, graphic or other material that was not part of the Content and that you uploaded or otherwise provided to TPH or incorporated into products.

Governing Law and Jurisdiction

The Website and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These Terms and our Privacy Policy (www.tph.ca/privacy) constitute the sole and entire agreement between you and TPH regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Cancellation

If you would like to delete your TPH account, we ask you to send an email to tphonline@tph.ca with the subject line “Cancel” from the email address used to create your TPH account requesting that we delete your account for you. Once you have cancelled your account, all images and content uploaded to your TPH account will be deleted and will no longer be available.

Reporting and Contact

This Website is operated by The Printing House Limited, doing business hereunder as TPH and www.tph.ca, a company incorporated under the laws of Ontario whose principal business address is 1403 Bathurst Street, Toronto ON M5R 3H8.

Should you become aware of misuse of the Website including libellous or defamatory conduct, you must report it to TPH at tphonline@tph.ca.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to tphonline@tph.ca.