The website www.londondrugs.com ("Website") is owned and operated by London Drugs Limited.  The online London Drugs photo lab ("LD photo lab"), which forms part of the Website, is governed by the terms and conditions of use set out below, in addition to all other applicable web pages and legal terms that may be found from time to time on the Website, including without limit those legal terms found at http://www.londondrugs.com/Cultures/en-US/Content/CorporateInfo/Legal (collectively the "Terms and Conditions").  By your use of LD photo lab and the services provided therein (the "Services") or by otherwise agreeing to purchase any product provided on LD photo lab, you indicate that you accept the Terms and Conditions, and that you agree to be bound by and subject to them.  Acceptance of the Terms and Conditions creates a binding legal agreement between you and London Drugs that you will use the Services or purchase the products only in a manner that is consistent with the Terms and Conditions, which is a condition of your continued access to LD photo lab and use of the Services.  If you do not agree with the Terms and Conditions, you should not access LD photo lab or use the Services.

The term "London Drugs" used on LD photo lab shall be deemed to include London Drugs Limited and its affiliates, subsidiaries, successors and assigns.

Modifications to Services and Terms and Conditions
London Drugs reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments to the Services, including without limit products, prices, product warranties, specification and availability, and to the Terms and Conditions, at any time without prior notice.  Each time you use LD photo lab or the Website, it is your responsibility to check the Terms and Conditions for changes.  Your continued use of LD photo lab and the Website following the posting of changes to any Terms and Conditions will mean you accept those changes.
   
Prices and Availability; Errors & Omissions; Returns
All prices are subject to applicable provincial and federal sales tax, handling charges and shipping charges. All prices quoted are in Canadian dollars. London Drugs reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.  London Drugs cannot guarantee the availability of any products or Services described on LD photo lab.  While London Drugs strives to provide accurate product and pricing information, pricing or typographical errors may occur.  We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained on LD photo lab and any information included is subject to change by London Drugs at any time.  Without limiting the generality of any other terms and conditions on LD photo lab, London Drugs does not accept liability for any errors or omissions which may be found on LD photo lab or for unavailability of any product.
 
All product returns are governed by the LD photo lab Return Policy.  Click here to view this policy.

License to London Drugs
In order for London Drugs to provide Services to you, and as a condition to the use of the Services, you hereby grant to London Drugs a perpetual, non-exclusive license to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to London Drugs by you ("User Content") for the sole purpose of processing your order and the provision of the Services to you.

We will not use or modify your Content for advertising purposes or any other purposes without obtaining your expressed permission

Furthermore, and as a condition to your access to LD photo lab and use of the Services, you represent and warrant to London Drugs that you are the owner of the copyright to User Content or that you have written permission from the copyright owner to submit User Content to London Drugs and provide London Drugs with the rights set forth in this paragraph. In addition, you warrant that all moral rights in any uploaded materials have been waived in writing.

• (a) that is threatening, harassing, hateful, violent, abusive, obscene, pornographic, libelous, defamatory, profane or that could give rise to any civil or criminal liability under any applicable law, or that is otherwise inappropriate;
• (b)  that could infringe any trade-marks, copyrights, or any intellectual property of any kind whatsoever or rights of privacy or publicity without the express permission of the owner of these rights and the persons who are shown in the material;
• (c)  sent from an anonymous, unverifiable or false address;

("Prohibited Material").

London Drugs has the sole discretion to determine whether material submitted is Prohibited Material and to refuse to accept any material (whether Prohibited Material or not).  Any material submitted to London Drugs may be subject to examination from time to time.  You acknowledge that although London Drugs does not and will not examine and review all material submitted or transmitted to London Drugs and is not responsible for User Content or the screening, policing, editing, or monitoring of User Content, London Drugs has the right, but not the obligation, to review, delete, move, edit and take any other action with respect to User Content that it deems necessary or appropriate in its sole discretion, for any reason, at any time, without notice.  Users acknowledge that any material, including without limitation User Content, may be removed, published, copied, modified, transmitted and displayed by London Drugs to comply with a legal obligation, court order, subpoena or other lawful request from governmental authorities.

Indemnification
Each user of LD photo lab and the Website agrees to indemnify, defend and hold harmless London Drugs, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including without limitation reasonable legal fees, resulting from any violation of the Terms and Conditions or any applicable laws including, but not limited to trademark, copyright, privacy or personality rights, whether such violation or activity is done by the user or any other person accessing LD photo lab and the Website using the user's account.

DISCLAIMER AND LIMITATION OF LIABILITY
LONDON DRUGS PROVIDES LD PHOTO LAB AND THE SERVICES, INCLUDING ANY PRODUCT PURCHASED OR LICENSED THROUGH LD PHOTO LAB , ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO LD PHOTO LAB AND THE SERVICES, INCLUDING ANY PRODUCT PURCHASED OR LICENSED THROUGH LD PHOTO LAB. LONDON DRUGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE GREATEST EXTENT PERMITTED BY LAW.
NONE OF LONDON DRUGS OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF LD PHOTO LAB AND SERVICES, ITS CONTENTS OR THE PURCHASING OF ANY PRODUCTS PROVIDED ON LD PHOTO LAB. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

WITHOUT IN ANY LIMITING THE FOREGOING, IN NO EVENT SHALL LONDON DRUGS' TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE] EXCEED THE AMOUNT PAID BY USER FOR THE SERVICES.

IF YOU SUBMIT ANY DIGITAL FILES TO LONDON DRUGS THROUGH LD PHOTO LAB FOR PROCESSING, PRINTING OR ANY OTHER HANDLING, IT IS EXTREMELY IMPORTANT THAT YOU DO NOT ERASE SUCH DIGITAL FILES FROM THEIR ORIGINAL SOURCE UNTIL YOU HAVE PICKED UP YOUR PHOTOFINISHING ORDER.  LONDON DRUGS ACCEPTS NO LIABILITY IN THE EVENT THAT YOUR DIGITAL FILES ARE IMPROPERLY DOWNLOADED, LOST, DAMAGED OR CORRUPTED IN ANY WAY.

Termination
You agree and acknowledge that London Drugs, in its sole discretion, may terminate your use of the Services, and remove and discard any material you have submitted to London Drugs including, but not limited to, any and all information, communications, albums, image files, User Content, or any other content within the Services, at any time, without notice, for any reason, or for no reason.  User agrees that London Drugs shall not be liable to user or any third-party for any termination of access to the Services.
Without limiting the generality of the foregoing, London Drugs may delete User Content which has not been accessed for more than 60 days.  London Drugs may, in its sole discretion and without obligation, send an email warning of such deletion within a specified period of time to the e-mail address supplied by the user.

Trade-Marks
LONDON DRUGS, the London Drugs Logo and London Drugs photo lab are trade-marks of London Drugs.  Other registered and non-registered trade-marks, related words, domain names and logos which are the property of London Drugs may appear from time to time on LD photo lab and the Website.  All other trade marks, product names and company names or logos cited herein which are not the property of London Drugs are the property of their respective owners.  London Drugs' trade-marks may not be used without London Drugs' express authorization and, without limiting the generality of the foregoing, London Drugs' trade-marks may not be used in connection with any products or services which are not London Drugs' or authorized by London Drugs, or in any manner that is likely cause confusion among customers or potential customers of London Drugs, or in any manner that disparages or discredits London Drugs.

Copyright
Excluding User Content, all material contained on LD photo lab, including the content, site design, text, graphics, and the selection and arrangement thereof are copyright owned by London Drugs or its licensors as the case may be.  ALL RIGHTS RESERVED.

Use of Content
With the sole exception of User Content, no material from LD photo lab may be copied, reproduced, republished, posted, transmitted or distributed in any way except as expressly authorized in writing by London Drugs. The user may view LD photo lab and print, in hard copy, portions of LD photo lab only for personal, non-commercial purposes. With the sole exception of User Content, the use of any such material in any other way, for any other reason, on any other website, or the modification, distribution or republication of such material without prior written permission from London Drugs is strictly prohibited.

Storage of User Content
In conjunction with the provision of photo finishing services, London Drugs may make up to 300 MB of digital storage space available to its registered users for up to 30 days, which amount may be varied by London Drugs at its sole discretion from time to time, for the storage of User Content, subject to the termination section set out above.
  
Password Access
London Drugs will provide each user who wants to set up an account with password protected access to their User Content.  London Drugs will use commercially reasonable efforts to limit access to User Content solely to those users who can provide London Drugs with the appropriate password.  It is each user's responsibility to keep their password confidential, and London Drugs will not, in accordance with the disclaimer and limitation of liability section set out above, be liable for any loss or damage suffered by a user due to the loss, unauthorized use or theft of their password or otherwise.

Severability
In the event that any parts of the Terms and Conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those Terms and Conditions will not fail on account thereof, and the balance of the Terms and Conditions will continue in full force and effect.

Assignment
London Drugs may assign its rights under this agreement without notice to user.  User may not assign its rights and obligations under this agreement.

Governing Law and Jurisdiction
LD photo lab and the Website (excluding linked websites) is controlled by London Drugs from its offices within the Province of British Columbia, Canada. LD photo lab and the Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of British Columbia, Canada, the user agrees that all matters relating to LD photo lab and this Website, or any other hyperlinked website, shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable to that province, without regard to the conflicts of laws principles thereof. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledges that the user does so voluntarily. The user is responsible for complying with his or her own local laws.

Entire Agreement
The Terms and Conditions constitute the entire agreement between you and London Drugs governing your access to and use of LD photo lab.

No Waiver of Rights
The failure of London Drugs to exercise or enforce, or delay in exercising or enforcing, any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The waiver of London Drugs of any breach of any provision of the Terms and Conditions will not be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.

Version Date:  November 20, 2009