TERMS OF USE

By downloading and using the software application Oterpink (the “Application”) that was created by Oterpink Inc. (“we”, “us”, and/or “our”), on your mobile device, you (the “User”, “you”, and/or “your”) agree to be bound by these Terms and Conditions of Use (the “Terms”). If you do not accept these Terms, please do not access or use the Application.

The Application is a mobile application which allows users to create photo books from their device and to receive a printed copy at a user defined address.

We may modify these Terms at any time without notice.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us.

USER CONTENT

You acknowledge and agree that all information, data, text, photographs, graphics or other materials accessible through the Application, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Oterpink, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Application (“Your Content”), and other users of the Application, and not Oterpink, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Application (“User Content”).

You acknowledge and agree that Oterpink has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Oterpink reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing, Oterpink shall have the right to remove any Content that violates the Terms or that it deems objectionable.

USER CONDUCT

You understand that the Application is available for your personal, non-commercial use only.

In connection with your access to or use of the Application, you shall not:

upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonate any person or entity, including, but not limited to, Oterpink personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity.

OWNERSHIP / RESTRICTIONS ON USE

All content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Material”) contained in the Application and in this website are the property of Oterpink or its licensors.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any content without the express prior written consent of Oterpink. You may download, print and reproduce the Material for your personal, non-commercial use, provided you agree to maintain any and all copyright or other proprietary notices contained in such content. Reproduction of multiple copies of the Material, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Oterpink.

COPYRIGHT COMPLAINT POLICY

Oterpink has adopted the following policy toward copyright infringement on the Application in accordance with the Digital Millennium Copyright Act (the “DMCA”) and equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content. It is our policy to terminate the account of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied in violation of applicable copyright law and used on the Application in a way that constitutes copyright infringement, please contact our Copyright Agent at the following address:

Oterpink Inc.

3551 St. Charles Blvd, Suite #185

Kirkland QC H9H 3C4

E-mail Address: support@oterpink.com

LINKING

It is our goal to provide increased value to you, our visitors. Therefore, for your convenience, the Application and this website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Oterpink and that Oterpink has no control over the content of such websites. Consequently, Oterpink cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Application and website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

SOCIAL MEDIA

While using the Application, you have the option of granting us access to your account(s) with certain third-party social media, such as Facebook and Instagram (each, an “SNS”). Provided an SNS permits this, we can capture and make available through the Application the photos and other content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available through the Application. We are not responsible for any SNS Content stored on an SNS that you choose to make available through the Application. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available through the Application. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available through the Application. You have the ability to disable the connection between the Application and your SNS account(s), at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.

PROTECTION OF PERSONAL INFORMATION

By submitting personal information through your use of the Application, you agree that Oterpink can use this personal information in accordance with its Privacy Policy as described on the oterpink.com website.

DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep the content contained on the Application and this website accurate as much as possible, errors and/or omissions may occur.

ACCORDINGLY, THE APPLICATION AND THIS WEBSITE IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTERPINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OTERPINK DOES NOT WARRANT THAT THE FUNCTIONS OF THE APPLICATION AND THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL OTERPINK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE APPLICATION AND THIS WEBSITE, EVEN IF OTERPINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold harmless Oterpink and its agents, suppliers, licensors and their respective directors, officers and employees from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from:

  • any content you submit, post, transmit or make available on the Application;

  • your use of the Application, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct; and/or

  • your violation of any law or rights of a third party.

APPLICABLE LAWS

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of city of Montreal, Province of Quebec. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

GENERAL TERMS AND CONDITIONS OF SALES

MAKING PURCHASES

If you wish to purchase a product through our Application, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You represent and warrant that you have the legal right to use any credit card or other form of payment to make a purchase. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications and price of any products are subject to change without notice, and our current prices can be found on our Application. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your device, and we cannot guarantee that your device will accurately display such colors. The inclusion of any products or services on our website and Application at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Application. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

Oterpink reserves the right to cancel or refuse any order from a client with whom there is a dispute relative to the payment of a prior order or that presents any form of risk or abusive return practices.

If your order can not be processed, Oterpink is committed to inform you within the shortest delay possible, and in such an event, to reimburse the amount of the order in question within 15 days from the date of the order.

TITLE AND RISK OF LOSS

All products purchased through the Application are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

PRICES AND TAXES

The prices shown on the Application are in Canadian dollars (CAD) for orders in Canada and in US dollars (USD) for orders in the United States. They do not include taxes and can change without notice. The official amount of an order including taxes will be transmitted on the confirmation of the order made on the Application.

METHODS OF PAYMENT

The following methods of payment are accepted on the Application: Mastercard, Visa, American Express or Apple Pay.

PROMOTIONS

The promotions published and eligible on the Application are subject to the Eastern Time Zone. Each of these promotions shall be governed by specific rules accessible from the Application.