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LEGAL DISCLAIMERS AND NOTICES

DISCLAIMER: THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND EDWARD GAJDEL INC. AND ITS ASSIGNS AND DESIGNEES (“GAJDEL”) EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. GAJDEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR IN THIS WEBSITE WILL BE UNINTERPRETED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER MAKES IT AVAILABLE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. GAJDEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GAJDEL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY OR MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY: Under no circumstances, including, but not limited to negligence, shall Gajdel be liable for any special or consequential damages that result from the use of, or the inability to use, the Content in this site, or the site, even if Gajdel or Gajdel’s authorized representative have been advised of the possibility of such damages. Applicable law may or may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Gajdel’s total liability to you for all damages, losses, liabilities of any kind, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER: This agreement and all matters arising out of or relating to this agreement including but not limited to the use of this site and/or any Content, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principals of conflicts of law. This agreement shall be conclusively deemed to be a contract made under the laws of the Province of Ontario and for all purposes shall be construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, both without regard to the principles of conflicts of law. If any provision of this agreement and/or the terms of use of this site shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in a writing, signed by Gajdel.

Gajdel reserves the right to change the Privacy Policy Statement, Terms of Use, Legal Disclaimers and Notices, and all other matters related to this site, including the information and any contractual license terms that may be featured on this site, without notice.

PRIVACY POLICY STATEMENT

Edward Gajdel Inc. (the “Studio”) acknowledges the importance of an individual’s right to privacy and therefore is committed to protecting the personal information of clients and individuals. “Personal information” means information in any format, including a photograph, which is about an identifiable individual (other than the name, title, business address or phone number of any employee of an Studio). We have implemented the following privacy policy in order to protect personal information which is disclosed to us or produced by us on behalf of clients:

Our Studio protects personal information in accordance with the requirements of Canada’s Protection of Personal Information and Electronic Documents Act which sets out standards pertaining to the collection, use and disclosure of personal information in the Model Code for the Protection of Personal Information. Our Studio applies the ten principles of the Model Code as follows:

1. Accountability – Our Studio acknowledges that it is responsible for personal information collected and maintained by it or which is under its control. Our Studio has taken appropriate measures to develop procedures to: (a) protect personal information; (b) receive and respond to complaints and inquiries; (c) train ourselves about policies and practices relating to the protection of personal information; and (d) distribute information explaining our policies and practices relating to the protection of personal information. We have designated Djanka as our “privacy officer”, who may be contacted as follows:

address: 880-A Queen Street West, Toronto ON M6J 1G3
phone: 416.535.4773
e-mail: info@edwardgajdel.com
and who shall be responsible for coordinating our Studio’s compliance with the following principles.

2. Purposes – The specific purposes for which personal information is collected and used by our Studio are to:- communicate with you as the client; and- perform photographic services for you, including but not limited to assisting you as the client in the composition (including stylization, costuming and design), production, execution, display, publication and the marketing of the photograph.

From time to time your photograph may be included in our Studio’s portfolio or exhibition of photographic works performed by the Studio. Additional purposes for which personal information is collected or used by our Studio may be identified at the time of collection of such information.

3. Consent – Our Studio requires that an individual’s knowledge and consent be obtained for the collection, use or disclosure of his or her personal information, except when inappropriate. Such consent is deemed to be given either by your unrestricted provision of any such personal information to our Studio in the course of a photographic shoot or by your express written or oral consent as obtained through an agreement with you. Your consent is implied with respect to personal information collected by us prior to January 1, 2004. You may withdraw your consent at any time upon reasonable notice, subject to legal or contractual restrictions, by contacting the designated privacy officer identified in principle 1.

With respect to internet and web site administration, our Studio does not collect NETBIOS information relating to the IP address of any computer, and only uses temporary (and not permanent) “cookies” which are automatically deleted from the user’s browser upon logging out of our web site (“cookies” being small text files that can collect and store a variety of information).

4. Collection – Our Studio limits the collection of personal information to that which is necessary for the purposes identified by our Studio. Personal information will only be collected by our Studio by fair means in accordance with applicable laws.

5. Use, Disclosure & Retention – Personal information will not be used or disclosed by our Studio for purposes other than those for which it was originally collected, except with the consent of the individual or as required by law. Personal information may be disclosed to third parties where the Studio is to arrange for make-up, stylist, or costuming services for the client as part of the photo composition services. Personal information will be retained by our Studio for fulfilment of the purposes for which it was originally collected, and shall be retained thereafter for a reasonable period, for the convenience of the client. Our Studio shall use care when storing or destroying personal information in order to prevent unauthorized access.

6. Accuracy – Personal information maintained by our Studio shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. If you have any concerns about the accuracy of your personal information or if any information needs to be updated to reflect a change in your situation, please contact the designated privacy officer identified in principle 1.

7. Safeguards – Personal information used by our Studio will be protected by appropriate safeguards. These safeguards include: (a) physical security measures, such as restricted access to the Studio, monitored by a security and surveillance system, and locked cabinet storage where personal information is used; (b) computer safeguards such as firewalls and passwords; and (c) internal security measures, including restricted computer access and limited access to where personal information is stored.

8. Openness – Our Studio will make specific information available about our policies and practices relating to the protection of personal information. Please forward any inquiries to the designated privacy officer identified in principle 1.

9. Access – Upon request made to our Studio, an individual will be informed of the existence, use and disclosure of his or her personal information and be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate. Kindly forward any inquiries to the designated privacy officer identified in principle 1. If at any time we are unable to provide you with access to all of the personal information we hold regarding you, then our Studio shall provide you with the reasons for the denial of access.

10. Compliance – An individual may address a challenge concerning our Studio’s compliance with the principles governing the collection, use or disclosure of personal information by referring any inquiries to the designated privacy officer identified in principle 1. Our Studio will take appropriate measures to resolve any complaint which is justified relating to the management of personal information, including amending our policies and practices if necessary.

TERMS OF USE

The terms of use set forth in the website user agreement constitute a legal agreement between you and Edward Gajdel Inc. (“Gajdel”). If you do not agree to the terms of use, please do not use this site. This site is owned and operated by Gajdel. All of the contents featured or displayed on this site, including, but not limited to photographs, images, graphics, moving images, text, sound, illustrations and software (“Content”), are owned by Gajdel and/or its content providers. All elements of this site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights including contract law pursuant to this agreement. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without Gajdel’s prior written permission, except that you may view the Content on any single computer monitor for your personal, non-commercial use only, provided you keep intact, without change all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Gajdel’s copyright and/or other proprietary rights. THE PHOTOGRAPHIC IMAGES ON THIS SITE ARE NOT ROYALTY-FREE. You agree to indemnify Gajdel and its affiliates against all losses, liabilities, expenses, costs or damages, including attorneys’ fees incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorized use of the Content.

Please carefully read the terms of the website user agreement in their entirety before you use this website. By clicking on the interactive portion at the end the agreement which states “ AGREE TO ALL OF THE TERMS STATED ABOVE.” and by using this website, you agree to be bound by the terms and conditions of the website user agreement.

ALSO, PLEASE CAREFULLY READ THE GAJDEL PRIVACY POLICY STATEMENT AND LEGAL DISCLAIMERS AND NOTICES, IN THEIR ENTIRETY, BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THE PRIVACY POLICY STATEMENT, LEGAL DISCLAIMERS AND NOTICES, AND THE TERMS OF USE. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY STATEMENT, TERMS OF USE, OR LEGAL DISCLAIMERS AND NOTICES, PLEASE DO NOT USE THIS SITE.

©2016 Edward Gajdel Inc. All Rights Reserved. Privacy Policy Statement, Terms of Use, Legal Disclaimers and Notices.

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