Content Standards Policy for ShoppersPhoto.ca and PharmaprixPhoto.ca
Last Updated: July 24, 2020
This Content Standards Policy (the “Policy”) forms part of the terms and conditions
(the “Terms and Conditions”) governing your use of the ShoppersPhoto.ca/PharmaprixPhoto.ca photofinishing and photogifting program (the “Program”) on this website (the “Application”). By accessing or using the Application and submitting an order to the Program, you agree to comply with the Policy and the Terms and Conditions. Any capitalized terms used in the Policy which are not otherwise defined have the same meaning given to them in the Terms and Conditions.
1. You must use the Program and the Application in accordance with all applicable laws and regulations.
2. Any materials, including but not limited to, files, photographs, images, graphics, text and data that you upload, transfer or otherwise use with the Program and the Application (“Materials”), whether for photofinishing, photogifting or for any other products or services, must be lawful, ethical and respectful of the legal rights and interests of all other persons.
3. You must provide all required information such as address for delivery.
Intellectual Property of Others
1. Your use of the Program, the Application and your Materials, including but not limited to any photographs or images, must not invade, violate, misappropriate or infringe the privacy, trademark, copy right, trade secret or any other intellectual property rights of any person.
2. You must not upload, transfer or otherwise use with the Program and the Application any Materials, including any photographs or images, if taken by a professional photographer or studio, even if not marked with any type of copyright notice, unless you have a signed copyright release form from the photographer or studio.
3. You must not upload, transfer or otherwise use with the Program and the Application any Materials, including any photographs or images, if signed, stamped or otherwise identified by any photographer or studio, unless you have a signed copyright release form from the photographer or studio.
4. You are responsible for securing a copy right release form. If you have a signed copyright Release Form, please contact Customer Support for further processing details
1. You may only use the Program for personal, non-commercial purposes.
2. You may not use the Program in connection with any commercial activities. The following is a non-exhaustive list of prohibited commercial activities:
• selling or offering to sell any goods or services, including reselling the Program;
• soliciting for advertisers or sponsors;
• conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users;
• displaying advertising or sponsorship banners, including those generated by banner or link exchange services
• soliciting for donations; or
• use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
Other Prohibited Uses
1. We have the right, in our sole discretion to determine whether any use of the Program and the Application is prohibited or otherwise violates the Policy. We also have the right, in our sole discretion, to determine whether or not to print or fulfill any of your Materials which have been submitted to the Program or the Application.
2. The following is a non-exhaustive list of prohibited uses of the Program and the Application:
• Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene at law or otherwise, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, harmful to or involving minors in any of situations mentioned previously, or which may be otherwise objectionable, including anything that depicts, encourages, indicates, advocates or tends to incite any such conduct;
• Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals;
• Uses that interfere with the Program and the Application or which contain corrupted or malformed images or files;
• Uses that may dilute or tarnish the name and reputation of Loblaw Companies Limited and/or a Loblaw Companies Limited subsidiary or banners, including but not limited to Shoppers Drug Mart and Pharmaprix, or any of our service providers;
• Uses that conceal or misrepresent the author or origin of any message or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person; or
• Uses that contain, hyperlink to or otherwise disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social security numbers, etc.) without that person's permission.
Compliance and Law Enforcement Disclosure:
1. We may supplement or amend this Policy from time to time in our sole discretion.
2. If we determine that the Policy has been violated, we may take any action we deem necessary, including but not limited to terminating your access to the Program and the Application, restricting access to your Materials and removing or permanently deleting your Material, all without any notice to you or any other person, and without any liability incurred by us to you.
3. If you violate the Policy, you may incur criminal or civil liability. It is our policy to cooperate with law enforcement agencies who may initiate investigations into illegal or improper activities relating to the Materials, the Program and the Application.
4. We may also, in our sole discretion report perceived violations of applicable law to the relevant law enforcement authorities.
5. We may cooperate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including but not limited to providing copies of Materials used in connection with the Program and the Application.