Agreement with PHOTO DE L’EST

1. This website (the « Site ») is supplied by PHOTO DE L’EST, under condition of your acceptance of the TERMS and CONDITIONS of use as detailed here in below (the « Terms and conditions »).

2. By participating to the Content of this Site, you agree to accept and respect the Terms and conditions for each use and each visit on this Site. If you do not accept these Terms and conditions, you should not use this Site or use its Content. These Terms and conditions, apply exclusively to your access to the Site and to the use that you make, without any change to the terms and conditions of any other agreement that you may have concluded with PHOTO DE L’EST during your use. In case of conflict between the Terms and conditions and any other agreement that you may have concluded with PHOTO DE L’EST, the latter shall have priority, but only in case of such conflict.

3. PHOTO DE L’EST has the right, to its entire discretion, to increase, remove, modify or change any part of these Terms and conditions, in whole or in part, at any moment. The modifications shall have effect once a notice has been posted on this Site. You should verify periodically these Terms and conditions to acknowledge any update by referring to the date of the « Last update » as detailed at the top of this document. If you do not agree with a modification, you must immediately stop using this Site. Your continued use of the Site or its contents after such modifications have been made shall confirm your acceptance of these modifications.

Modifications to the Site

4. PHOTO DE L’EST may terminate any aspect of this Site or modify it, suspend it or interrupt it, including i) modify one of its features, at all times, without notice nor indemnity; ii) modify its fees or charges for the use of the Site, including new fee structures for all its services on the Site (the « Services ») or one of the features of its Services; iii) remove, increase, modify or change the Content on the Site or from the latter; or iv) establish limits for certain features and certain services or limit the access for certain participants or all participants to the Site without notice or indemnity for any reason whatsoever. PHOTO DE L’EST reserves its right, but without having to do so, at its sole discretion, to correct any error or omission in any part of the Site, at all times, without notice.

Use – Permitted and not-permitted

5. The Site may only be use for legal purposes by individuals interested in obtaining the service of school photographers. The participant agrees to use the Site only to purchase online items for sale.

6. Subject to the Terms and Conditions, PHOTO DE L’EST permits to the participant a limited, non exclusive, non assignable right to access the Site and its Content, for his personal use and enjoyment, as long as the participant does not, himself or permit other participants, directly or indirectly: i) to remove, from any copy of the downloaded Content, the notices of copyrights contained in the Content; ii) to sell, reproduce, modify or try to modify the Content, in whatever shape or form, or to reproduce or display part of the Content, to execute or

publicly distribute part of the Content or use the Content for any public or commercial gain, including namely, the use of the Content on another Website; iii) to transfer the Content to another person without the written consent of PHOTO DE L’EST; iv) to print or copy one of the HTML pages, or software codes accessible from the Site; v) to use the Site in a manner that may cause damage, render inaccessible or overcharge this Site; vi) affect the security or abuse the Site or its Services, system resources, accounts, servers or networks connected to the Site or other sites of the same group; vii) to render inaccessible or affect the use or enjoyment of the Site or other sites in the same group or inter-connected by another person; viii) to load, display or otherwise transfer on the Site any Document that may have a negative effect on the functioning of the Site, including, namely, computer viruses, Trojan horses, worms or any other types of files or computer programs, that affect, destroy or create an unreasonable or disproportionate charge on the system of the Site; ix) to use a robot or another program or automated software or manual procedures to survey, copy or create a summary of information from the Site or its Content, in whole or in part, or otherwise extract this information; x) to use or try to use the account, the password, the service or system or other information from another participant with the prior written consent of PHOTO DE L’EST; xi) try to gain non authorized access to the Site or parts of the Site that are not general access; xii) to transmit to or from the Site, spam mail, chain letters or any other type of email messages in large distributions which are solicited; xiv) to retrieve any information on other participants without their prior consent, or xv) to register an email address that you are not an owner or that you are not expressly authorized to register for such a person.

7. PHOTO DE L’EST reserves its rights, at all times to:

a) Divulge any Document that the participant has furnished in order to satisfy any law, regulation or governmental request.

b) To suspend or close, on a temporary or permanent basis, any participant’s account who does not respect the Terms and conditions or to limit his access, without notice;

c) To suspend, to bloc or to cancel any participant’s account up to the full amount owing on the purchase of Pixies.

d) To suspend the participation of a participant, even remove his status of participant in a temporary or permanent manner, if the latter, directly or indirectly, acts in such a manner as to convince other participants to leave the Site;

e) To access the Site’s participants accounts, namely when a complaint has been received from another participant or if a problem arises in one of the systems. These interventions have the objective to ensure the proper functioning of the Site and the en sure the protection of PHOTO DE L’EST, its members and the non-members.

Registration and passwords

8. It is the participant’s responsibility to maintain the confidentiality of his registration information as well as his password. The participant shall be responsible for all uses of his registration, authorized or not. The participant must advise immediately PHOTO DE L’EST all non authorized use of its registration or password.

Rights of ownership

9. The Site, including its Content, is protected by copyright laws in Canada as well as on an international level. The participant agrees to respect all copyright laws, in the use that the participant makes of the Site, as well as stop any non authorized duplication of its Content.

PHOTO DE L’EST does not give the participant any right or express or implicite license under intellectual property; including inventions, trade marks, copyrights, industrial secrets or confidential information of PHOTO DE L’EST.

Trade marks and ancilliary rights

10. The marks, the business or trade names, and logos used on this Site may be trademarks, including the trademarks of PHOTO DE L’EST. These marks, business or trade names and logos may not be copied, imitated or used, in whole or in part, without the prior written consent of PHOTO DE L’EST. Other marks and names mentioned on the Site may be trademarks of their respective owners.

11. The features, the systems or procedures of PHOTO DE L’EST.com may be subject to one or more patents or other intellectual property rights under the law and are subject to industrial secrets as well as other rights of property. PHOTO DE L’EST.com reserves all of its rights.

Links and Content developed by independent corporations

12. Certain links on the Site may bring to other websites. PHOTO DE L’EST only supply these links for convenience. These linked sites are not necessarily under the control of PHOTO DE L’EST. If you use these sites, you will leave this Site. If you decide to visit any linked site you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

13. PHOTO DE L’EST is not responsible for the content of such linked page or any other page not under its control. PHOTO DE L’EST makes no representation or warranty concerning linked web sites, the information appearing thereon or any of the items or services described therein does not endorse. The presence of links does not indicate that PHOTO DE L’EST sponsors, endorses, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed on the links or accessible through the Site, nor it is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of PHOTO DE L’EST.

Respect of Privacy Policy

14. You agree to comply with the privacy policy PHOTO DE L’EST, which is accessible through the homepage of this Site. We are concerned about the privacy of your personal information and we pledge to protect such information and use such information only for the purposes for which it was collected.

Disclaimer of Liability and prohibition

15. You agree that you use this Site at your own risk. PHOTO DE L’EST makes no representation or warranty of any kind regarding the Site or the Content, including with respect to information provided by legal counsel and other advisors, all of which are provided "AS IS." PHOTO DE L’EST DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY. PHOTO DE L’EST DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE. In addition, the sale or transfer of a user account is strictly prohibited. PHOTO DE L’EST assume no

responsability for any accounts fraudulently used directly or indirectly through with fault or in a manner contrary to these Terms and Conditions and reserves the right to suspend or terminate any account, without notice.

Limited Liability

16. YOU AGREE THAT PHOTO DE L’EST IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR INCIDENTAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF INFORMATION, PROGRAMS OR DATA, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM THE USE OF THIS SITE OR ANY LINKED WEBSITE OF A THIRD PARTY OR WHO ARE RELATED OR FROM THE INABILITY TO USE THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY OR ACCESS, OR EVEN IF PHOTO DE L’EST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR LOSS FROM A THIRD PARTY WEBSITE. In all cases, you agree that the total liability of PHOTO DE L’EST against such damage will be limited to $100 Canadian.

17. The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether under a contract, warranty, civil liability, a tort, strict liability, negligence or other tort and shall remain in force despite a breach or breaches of fundamental obligations, a breach of the essential purpose of contract or breach related to an exclusive appeal.

18. PHOTO DE L’EST reserves the right to suspend the operation of the site due to maintenance, system failure, rupture of inventory or any other reason at the sole discretion of PHOTO DE L’EST.

Compensation

19. You agree to defend and indemnify PHOTO DE L’EST, the User's group, and each of their officers, directors, employees and agents, including all third parties mentioned on the site, and hold them harmless against all claims, actions or demands, including without limitation, the reasonable legal and accounting fees, claimed or resulting from your use of the Site and the Content or your breach of these Terms and Conditions or arising there from.

Applicable law

20. This Site is controlled, operated and administered by PHOTO DE L’EST from its offices within Canada. PHOTO DE L’EST makes no representation or warranty that the documents contained on this Site are appropriate or available for use in locations outside of Canada. If you access this Site from outside Canada, you are responsible for complying with all local laws. You may not export the Content accessible through this Site in violation of applicable laws and regulations on export. These Terms and Conditions shall be interpreted and governed under the laws of the Province of Quebec, without regards to the rules on conflict of laws, except where prohibited by mandatory provisions of applicable laws in your territory. Except with respect to any matter relating to the implementation of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of these Terms and Conditions or which are related, shall be introduced in the district of Quebec or, if no jurisdiction exists, in the province of Quebec. Each party agrees to submit any claim, recourse or demand to the jurisdiction of Quebec courts and waive any objections based on venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

Arbitration

21. All disputes arising under these Terms and Conditions, its performance, breach, enforcement, existence or validity, including the failure of the parties to reach agreement with respect to the matters described in the Terms and Conditions and all matters of dispute concerning rights and obligations of the parties, which can not be amicably resolved, even if only one party says there is a dispute, be submitted to a private, confidential and binding arbitration before a single arbitrator to be held in the district of Hull (Quebec) in French and will be governed by the rules of arbitration in Quebec. The arbitrator shall be a person who is legally trained and has experience in the field of information technology in Canada and is also independent of either party.

22. Notwithstanding the foregoing, either party may seek to protect intellectual property rights and confidential information through injunctive or other relief based on equity through the courts.

General

23. (I) Except as expressly provided in additional terms of use for specific areas of the Site, legal opinion, or an additional Agreement, these Terms and Conditions constitute the entire agreement between you and PHOTO DE L’EST, with respect to the subject matter hereof ii) any cause of action you may have with respect to your use of this Site or that is subject to these Terms and Conditions must be commenced within one (1) year after such cause of action arises iii) if for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or any part thereof to be unenforceable, that provision shall be enforced to the fullest extent permissible so as to give effect to the intent of these Terms and Conditions and the remainder of these Terms and Conditions shall continue in force iv) any renunciation in respect of a breach or event of default under the terms and conditions herein shall not constitute a waiver in respect of any breach or other default; v) these Terms and Conditions may be amended if this amended version of these Terms and Conditions is posted on the site of PHOTO JOCELYN GIRARD .com.

Additional Terms of Use.

24. Some areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

25. PHOTO DE L’EST reserves the right to refuse or withdraw access to anyone at any Website if this person acts contrary to these Terms and Conditions, or in a fraudulent manner or in an unfair manner to other users. This person who acts in such a way may be reported to legal authorities.

26. All content on the Website is authentic and conducted without any fraud. The rules are those provided by PHOTO DE L’EST with these Terms and Conditions.

Returns and refunds

27. With PHOTO DE L’EST, it is satisfaction guaranteed or your money back. If you are not entirely satisfied with your order (damaged pictures, lighting problems, etc.), our customer service employees will find a solution for you. Note that you may be asked to send the damaged items back for quality assurance purposes.