Terms and Conditions
Update Effective as of: June 29, 2023
The Site is made available for personal or commercial use and information. It contains information about our products, and technology, and provides news and information about our company.
Application of this Agreement
By accessing or using our Services, you accept and agree to be bound by and comply with this Agreement. If you do not agree to be bound by this Agreement, you are not permitted to access or use our Services.
“You” and “your” refers to you and, if applicable, the organization on whose behalf you are entering into this Agreement. If you are entering into this Agreement on behalf of an organization, such as a corporation: (a) you represent to us that you have legal authority and power to bind that legal entity to this Agreement; and (b) you will, and will ensure all individuals within your organization, such as employees and independent contractors, that access or use our Services will, comply with this Agreement.
Changes to this Agreement
We reserve the right in our sole discretion to amend this Agreement from time to time by publishing an amended version of this Agreement on our Services. All such amendments are effective immediately when published on the Services and apply to your continued access to and use of the Services. Your continued access to and use of the Services will be your acceptance of any such amendments.
Changes to the Services
Your access to our Services may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. Due to the nature of technical outages, we cannot guarantee notice prior to outages. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
We reserve the right in our sole discretion to modify all or any part of our Services at any time for any reason, or no reason, including by changing, withdrawing or terminating, limiting or expanding a Service or any features, functionalities or the Photonic Content (as defined below) on our Services, without any notice or liability to you.
Photonic Content and License
Our Services contain information and data (including text, images, photos, videos, audio and documents) owned or licensed by Photonic, its suppliers or licensors (the “Photonic Content”). Our Services and the Photonic Content may be protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Photonic, Photonic owns and retains all title, interest and right, including all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world in and to our Services and the Photonic Content. You must comply with all such laws and applicable copyright, trademark and other legal notices and restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Photonic Content.
Photonic is not transferring any portion of the Photonic Content to you through your access to or use of our Services. All rights that are not expressly granted to you in this Agreement are reserved and retained by us. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, use or sell any of our Services or the Photonic Content, or any information that you upload or provide to our Services. You must not modify, build upon or block any portion or functionality of our Services. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Use of Services
What Can I Not Do with the Services and the Photonic Content?
Except as provided in this Agreement, or expressly authorized by Photonic in writing, you will not do any of the following or permit anyone else to do the following in connection with or in any way relating to the Services or the Photonic Content:
- license, sub-license, sell, transfer, lend, lease, rent, disseminate, transmit, broadcast, distribute, share, download, stream capture, store in a database, archive or otherwise copy any part of the Services or the Photonic Content or make any of them available for access by third parties;
- create derivative works based on or otherwise modify our Services or the Photonic Content;
- access our Services or the Photonic Content in order to develop a competing product or service;
- use our Services or the Photonic Content to provide a service for others;
- frame the Services or Photonic Content, make the Services or Photonic Content available via in-line links, otherwise display the Services or the Photonic Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Photonic and any other party or potentially deprive us of revenue (including revenue from advertising, branding, or promotional activities);
- engage in unauthorized spidering, scraping, data mining or harvesting of Photonic Content, or use any other unauthorized automated means to gather data from or about the Services;
- advertise or promote goods or services without our permission (including by sending unsolicited email or other electronic communications);
- disassemble, reverse engineer or decompile our Services or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of our Services or any software, documentation or data related to or provided with the Services;
- remove or modify a copyright or other proprietary rights notice on or in the Services or documentation;
- use a computer or computer network to cause physical injury to the property of another;
- violate any applicable federal, provincial, local or international statutes, codes, rules, regulations, by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings or awards, policies, guidelines, or any provisions of the foregoing, including general principles of common and civil law and equity (“Applicable Law”);
- disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by our Services;
- include, introduce, send, store, run or transmit any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs to or from our Services;
- conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using the Services or Photonic Content, or include, introduce, send, store, run or transmit any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or otherwise illegal or objectionable, such determination to be made in Photonic’s sole discretion;
- cause a computer to malfunction, regardless of how long the malfunction persists;
- alter, disable, or erase any computer data, computer programs or computer software without authorization;
- remove, avoid, interfere with, circumvent, disrupt or undermine the security or the operation of the Services or the Photonic Content;
- interfere with, disrupt or undermine anyone’s use or enjoyment of our Services or violate any other person’s rights; or
- transmit, collect, or access personally identifiable information about other persons without the consent of those persons and Photonic.
Can I Distribute the Photonic Content?
We may expressly authorize you to redistribute certain Photonic Content on a personal, non-commercial basis. We will identify the Photonic Content that you are authorized to redistribute and describe ways you may redistribute it. We may revoke this authorization at any time.
What Happens to Feedback I Provide to Photonic?
If you send information to us, for example feedback, comments or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sub-licensable and transferable license to use, host, run, reproduce, process, adapt, translate, modify, publish, transmit, distribute and display this information and incorporate this information into our Services. You also agree to waive all moral rights in and to that information and, if applicable, obtain waivers of moral rights from the relevant individuals within your organization.
Compliance with Laws
You represent and warrant that your use of our Services will comply with all Applicable Laws. It is your responsibility to determine whether our Services meets your obligations under any Applicable Law. Photonic will not be liable if our Services do not meet your requirements under Applicable Law.
Part of your compliance with Applicable Laws includes your compliance with privacy, data protection and anti-spam laws. You represent and warrant to Photonic that:
- You will obtain and maintain all necessary permissions and valid consents required to lawfully provide personal information to Photonic, such as the email addresses and names of any individual to whom you may send or refer the Services or the Photonic Content, to enable such personal information to be lawfully collected, processed, used and disclosed by Photonic for the purposes for which it was provided.
- You will not use the Services to send emails or other electronic messages without the consent of the recipient, in all cases in compliance with Applicable Laws, including anti-spam laws. Compliance may require you to turn off certain features, such as email notification.
As a convenience to you, our Services may contain links to third party websites, applications or services, or integrate with other third party platforms that collect personal information from you (collectively, “Third-Party Services”). Such Third-Party Services may also include payment processors and electronic signature platforms that collect personal information in order to facilitate purchases.
To the fullest extent permitted by law, you shall indemnify, defend and hold harmless Photonic and its affiliates, parents, subsidiaries, licensors and partners and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns (“Indemnified Entities”) from and against any claims, actions, demands, costs (including attorney’s fees and costs), damages, investigations, settlements, judgments, losses, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of our Services or the Photonic Content or your breach of this Agreement. You will cooperate as fully as required by any of the Indemnified Entities. The Indemnified Entities retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim without the Indemnified Entities’ (as applicable) prior written approval.
Limitation of Liability
We strive to provide information that we believe to be reliable at the time of publication, and we may choose to update this information from time to time. Nevertheless, no assurance is given that information or material on this Site is up-to-date, accurate, error-free, or complete.
To the maximum extent not prohibited by applicable law, in no event will Photonic, or any Indemnified Entities be liable under or in connection with our Services, the Photonic Content or this Agreement or its subject matter for any: (a) loss of use, lost profits, lost revenue, business interruption, or costs of procuring substitute software or services; (b) loss, damage, corruption or recovery of data; or (c) consequential, incidental, indirect, special, aggravated, punitive or exemplary damages. In no event will Photonic be liable for any Third-Party Services, activities of third parties, any connection to or transmission from the internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of our Services.
The total liability of Photonic and its licensors for damages under or related in any way to these terms and conditions, whether for a single occurrence or series of occurrences, will not exceed the amounts paid by you to Photonic pursuant to these terms and conditions. This limitation on monetary damages will not apply to claims relating to death or personal injuries which arise out of products deemed to be consumer goods under Applicable Law. Your sole and exclusive remedy is to discontinue using and accessing this Site. To the extent the jurisdiction to which you are subject does not allow certain other limitations, such limitations which are not permitted do not apply.
The exclusions and limitations of liability in this section apply notwithstanding: (i) the applicable legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, (ii) whether the applicable party has been advised of the possibility of such losses or damages; or (iii) any failure of essential purpose of any limited remedy or limitation of liability.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, PHOTONIC DOES NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES NOT SET OUT IN THE DOCUMENTATION, OR BE SECURE, ACCURATE, COMPLETE, FREE OF ERRORS, HARMFUL CODE OR VIRUSES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Collection of Information
Reservation of Rights
All rights not expressly granted in these terms are reserved to Photonic. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark, or other intellectual right of Photonic or any other person or entity.
Our Services are controlled, operated and administered by Photonic from Vancouver, British Columbia and these terms shall be governed by the laws of British Columbia and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of British Columbia in connection with the interpretation or application of these terms. Those who choose to access our Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
We reserve the right in our sole discretion to immediately restrict or suspend your access to the Services or terminate the Services, including if you: (a) breach this Agreement or Applicable Law; (b) provide false, inaccurate, or incomplete information during our registration process; (c) engage in any conduct that would otherwise harm any of our rights or interests in our Services or any other property; or (d) for any or no reason whatsoever, without prior notice to you. Photonic may take any other actions necessary in this regard or seek any remedies available at law or in equity. Any violation of this Agreement may be referred to law enforcement authorities.
Photonic has the right, but not the obligation, to monitor the content and use of our Services to determine compliance with this Agreement, as well as to determine compliance with Applicable Laws, including, but not limited to, copyright laws.