1. Introduction

These Terms and Conditions apply to this website and to the transactions related to my products and services. You may be bound by additional contracts related to your relationship with me or any products or services that you receive from me. If any provisions of the additional agreements conflict with any provisions of these Terms, the provisions of these additional agreements will control and prevail.

2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and Conditions. In some instances, I may also request your explicit agreement.

3. Electronic communication

By using this website or communicating with me by electronic means, you agree and acknowledge that I may communicate with you electronically on my website or by sending an email to you. You agree that all agreements, notices, disclosures, and other communications that I provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual property

We, or my licensors, own and control all copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

4.1 All rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without my prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Third-party property

My website may include hyperlinks or other references to websites of other parties. I do not monitor or review the content of other parties’ websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by me.

I will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. I will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

6. Responsible use

By visiting my website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with me, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use my website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from my website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to my website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

7. Free no-obligation quote

Do you have an old, damaged picture that you would like to have restored? Please send me a message through my email, along with the picture(s), and I will provide you with a free, no-obligation quote.

Once everything is in order, the client agrees to send the one-time deposit fee of 25% via Interac e-Transfer.

Once the deposit fee has been received, I will provide you with an estimated timeframe for how long it will take me to complete the job.

Once the picture(s) have been restored, the “restored” images will be displayed on my website so that the client can go view and approve the finished product.

Each picture will have a watermark.

If you are not 100% satisfied, you will not be charged, except for the initial deposit fee.

Once the client approves of the picture(s), I will send you my email address for an Interac e-Transfer. Once payment has been received, I will email you the photo(s) without the watermark image.

8. Photography services

8.1 Free Photography Services

You might be asking yourself why is this person is offering free photography services. The reason is simple. I ended up loosing my portfolio, therefore if you would like me to take your pictures 100% free of charge, you also agree that I can use your pictures for my online portfolio.

8.2 Free Videography Services

You might be asking yourself why is this person is offering free videography services. The reason is simple. I ended up loosing my portfolio, therefore if you would like me to take your videos 100% free of charge, you also agree that I can use your videos for my online portfolio.

8.3 Initial Photography deposit

Upon hiring of my Photography services and signing of the Photography contract, you agree to a 25% non-refundable deposit as well as you agree to pay the remainder of the Photography session once you receive the images.

8.4 Initial Videography deposit

Upon hiring of my Videography services and signing of the Videography contract, you agree to a 25% non-refundable deposit as well as you agree to pay the remainder of the Videography session once you receive the images.

8.3 Initial Photography deposit

Upon hiring of my Photography/Videography services and signing of the Photography/Videography contract, you agree to a 50% non-refundable deposit as well as you agree to pay the remainder of the Photography/Videography session once you receive the images/videos.

9. Idea submission

Please do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to me unless I have first signed an agreement regarding the intellectual property or a non-disclosure agreement. Suppose you disclose it to me in the absence of such a written agreement. In that case, you grant me a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10. Termination of use

I may, in my sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that I will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on are permanently lost. You must not circumvent, bypass, or attempt to circumvent any access restriction measures on my website.

11. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. I expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. I make no warranty that:

• This website or my content will meet your requirements.
• This website will be available on an uninterrupted, timely, secure, and error-free basis.

Nothing on this website constitutes or is meant to constitute legal, financial or medical advice of any kind. If you need advice, consult a qualified professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude my liability in respect of any matter which it would be unlawful or illegal for me to restrict or to exclude my liability. In no event will I be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, my website.

Except to the extent any additional contract expressly states otherwise, my maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to me to purchase such products or services or use the website. Such a limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

12. Privacy

To access my website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

I have developed a policy to address any privacy concerns you may have. For more information, please refer to my Privacy Statement and Cookie Policy.

13. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Canada.

14. Assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without my prior written consent. Any purported assignment in violation of this Section will be null and void.

15. Breaches of these Terms and Conditions

Without prejudice to my other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, I may take such action as I deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

16. Indemnification

You agree to indemnify, defend and hold me harmless from and against any claims, liabilities, damages, losses and expenses relating to your violation of these Terms and Conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse me for my damages, losses, costs and expenses relating to or arising out of such claims.

17. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each provision.

18. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written solely in that language.

19. Entire agreement

These Terms and Conditions, together with my privacy statement and cookie policy, constitute the entire agreement between you and Eric Villeneuve in relation to your use of this website.

20. Updating of these Terms and Conditions

I reserve the right to update these Terms and Conditions from time to time. It is your responsibility to review these Terms and Conditions periodically for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Modifications to these Terms and Conditions will take effect upon being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

21. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Canada. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible to give effect to the intent of these Terms and Conditions. The other provisions will remain unaffected.

22. Contact information

This website is owned and operated by Eric Villeneuve. You may contact me regarding these Terms and Conditions through my contact page.