Terms of Service

1. Agreement to Terms

By accessing and using EMERGE, you accept and agree to be bound by these Terms of Service (“Terms”) and all applicable laws and regulations. If you do not agree to these Terms, you must not use this service.

These Terms apply to all visitors, users, customers, and contributors, including photographers and other creatives who publish content on EMERGE (each an “Artist” and collectively the “Artists”).

2. Changes to Terms

We may update or modify these Terms from time to time to reflect changes to the Site, legal requirements, or our business practices. Changes are effective when posted. Your continued use of EMERGE after any changes are posted constitutes your acceptance of the updated Terms.

3. Use License

Permission is granted to temporarily view and, where enabled, download one copy of the materials (information, text, images, or software) on EMERGE for personal, non-commercial, transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:

• Modify, edit, transform, or create derivative works from the materials
• Use the materials for any commercial purpose, advertising, promotion, or any public display (commercial or non-commercial) without permission
• Remove any copyright, watermark, metadata, attribution, or other proprietary notations
• Attempt to decompile, reverse engineer, or otherwise interfere with any software, security, or access controls on the Site
• Repost, “mirror,” scrape, or redistribute the materials on any other server, platform, or service without authorization

This licence automatically terminates if you violate any of these restrictions and may be terminated by us at any time. Upon termination, you must destroy any downloaded materials in your possession or control.

4. Intellectual Property

All photographs, images, graphics, text, layouts, and other content available on EMERGE (the “Content”) are owned by EMERGE and/or the respective Artists and are protected under applicable intellectual property laws, including Canadian copyright law.

Except as expressly permitted in these Terms, no Content may be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any purpose without the prior written consent of the applicable rights holder(s). Ownership of a copy (digital or printed) does not transfer copyright.

5. Artist Pages and Hosting Model

EMERGE is a hosting platform for multiple Artists. Unless otherwise stated, each Artist is responsible for the accuracy of their portfolio content, availability, pricing, and service descriptions.

We do not guarantee that any Artist will accept inquiries, bookings, or licensing requests. Where the Site offers messaging or contact forms, you agree to use them professionally and lawfully.

6. User Accounts

If you create an account on EMERGE, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

We may suspend or terminate accounts, at our discretion, to protect the Site, Artists, or other users, or where we believe there has been a violation of these Terms.

7. User Submissions

If you upload, post, publish, or otherwise submit content to EMERGE (“User Content”), you represent and warrant that you own or have the necessary rights to submit it and that it does not infringe any third-party rights (including copyright, trademark, privacy, or publicity rights).

You grant EMERGE a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, and distribute your User Content solely as necessary to operate, promote, and improve the Site and its services.

8. Prohibited Uses

You may not use EMERGE:

• In any way that violates any applicable local, provincial, federal, or international law or regulation
• To infringe, misappropriate, or violate the intellectual property, privacy, or other rights of Artists or third parties
• To transmit, or procure the sending of, advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate EMERGE, an Artist, a company employee, another user, or any other person or entity
• To scrape, harvest, or systematically collect data (including images, metadata, emails, or contact details) without authorization
• To upload malware, attempt unauthorized access, or interfere with the security or operation of the Site
• In any way that is unlawful, threatening, abusive, defamatory, fraudulent, or harmful

9. Photography Services and Bookings

If you book photography services through EMERGE, additional terms may apply, including an Artist’s service agreement, cancellation policy, refund policy, and deliverables. Unless explicitly stated otherwise, service contracts are formed directly between you and the applicable Artist.

All bookings are subject to availability and confirmation. Any disputes related to services (including scheduling, deliverables, or client-provided materials) should be addressed with the applicable Artist, unless the issue relates to Site functionality or platform operations.

10. Third-Party Links

EMERGE may contain links to third-party websites or services. We have not reviewed all linked sites and are not responsible for their content, policies, or practices. The inclusion of any link does not imply endorsement. Use of any linked website is at your own risk.

11. Disclaimer

The Site and all materials on EMERGE are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including (without limitation) implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that any defects will be corrected.

12. Limitations of Liability

To the fullest extent permitted by law, in no event shall EMERGE, its owners, operators, or Artists be liable for any indirect, incidental, special, consequential, or punitive damages, including (without limitation) loss of profits, data, goodwill, or business interruption, arising out of or related to your use of (or inability to use) the Site or any materials on the Site, even if advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless EMERGE, its owners, operators, and the Artists from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your infringement of any third-party rights; or (d) your User Content.

14. Revisions and Errata

The materials appearing on EMERGE could include technical, typographical, or photographic errors. EMERGE does not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice.

15. Termination

We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Sections that by their nature should survive termination shall survive, including Intellectual Property, Disclaimer, Limitations of Liability, and Indemnification.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of [Insert Province] and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the courts located in that province.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

admin@fotopros.ca