Last Updated:  September 26, 2022

Terms of Use

Thank you for choosing Pegasus!

BY USING THIS WEBSITE, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, OR YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, YOU ARE ADVISED TO LEAVE THE WEBSITE ACCORDINGLY. PEGASUS SCHOOL IMAGES (“PEGASUS”) ONLY GRANTS USE AND ACCESS TO THIS WEBSITE AND OUR ONLINE ORDERING WEBSITE, ITS PRODUCTS, AND ITS SERVICES, TO THOSE WHO ACCEPT ITS TERMS.

 

Changes to the Terms of Use

 

We reserve the right to update or modify these Terms at any time without prior notice. Pegasus will post the new Agreement on this website and note the date that it was last updated. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website

 

 

Privacy Policy

Pegasus is committed to protecting your privacy. We advise you to read our Privacy Policy regarding our user data collection. (Pegasus Privacy Policy) You acknowledge that you have read and understood our Privacy Policy which governs the collection, use, storage, and disclosure of personal information.

 

User Accounts

Access to certain features of this website may be restricted to persons with accounts or access credentials. You may be asked to provide personal information or registration details. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information.  You are responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, you agree to notify us immediately.   

You acknowledge that no commerce solution, interactive service, website, app, database, or system (including this Property) is completely secure or “hacker proof,” and we cannot anticipate all potential misuse of systems or data. If you post or supply any personal or other information or User Content through this Property, you agree that we will not be responsible for any third party’s unauthorized access to or use of such information or content.

We have the right to disable any username, password or other identifier (whether chosen by you or provided by us) and/or delete any account information or User Content held by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

User Conduct

You may not use the website for any illegal or unauthorized purpose.

You may not use the website in any manner which could disable, overburden, damage, or impair the website, Pegasus’ servers, or computer network, or interfere with any other party’s use and enjoyment of the website. You are prohibited in engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this website. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. Use of the Website is void where prohibited by applicable law.

The Website is not intended for use by children under the age of 13.

 

Intellectual Property Rights

Pegasus and/or its licensors own all rights to the intellectual property and material contained in this website, and all such rights are reserved. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any materials from this website. Materials include but are not limited to, images, illustrations, posts, audio clips, and video clips.

 

Copyright

All images on this website and images available for purchase are the property of Pegasus and may not be reproduced except as specifically authorized through the sale of a product or service, or by a written release signed by us.

 

User Comments, Feedback, and other Submissions

Pegasus encourages feedback, suggestions, and ideas as we are always looking to improve our products and services.

All comments, reviews, feedback, suggestions, ideas, and any other submissions disclosed, submitted, or offered through this website, by email, telephone, or otherwise disclosed are the property of Pegasus and may be used without reservation or limitation. You grant Pegasus the unrestricted right to use, copy, reproduce, disclose, modify, delete, adapt, publish, display and/or distribute into any form, for any purpose without restriction and compensation to you in any way.

We ask that you not send us any comments that you do not wish to licence to use as described above, including any confidential information or any original creative materials. You further warrant that no comments submitted contain libelous or otherwise unlawful, abusive, or obscene material, or contain harmful content, including spam, or viruses, or other disabling mechanisms.

 

Transactions

To place an order or book a portrait appointment though the website, you agree that billing or delivery information may be collected to facilitate your transaction. Payment collection is through secure payment processers that are PCI DSS (Payment Card Industry Data Security Standard) compliant, using the most current SSL encryption. Pegasus does not retain any credit card information.

 

The sale of products and services on the website may be subject to additional terms that will be made available to you when you place your order.

 

 

Disclaimer

YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PEGASUS DOES NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, PEGASUS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PEGASUS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS, AND TO CHANGE OR UPDATE THE INFORMATION AT ANY TIME, WITHOUT PRIOR NOTICE.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

 

 

Limitation of Liability

PEGASUS, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF PEGASUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PEGASUS, ITS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, PEGASUS’ LIABILITY SHALL NOT EXCEED $100.

 

 

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PEGASUS, ITS AFFILIATED COMPANIES, SUBSIDIARIES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, AWARDS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY’S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE OR INABILITY TO ACCESS THE WEBSITE; (II) ANY USER CONTENT YOU POST; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY VIOLATION BY YOU OF THE TERMS OR ANY OTHER AGREEMENT BETWEEN YOU AND US.

 

Miscellaneous

 

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provision.

Pegasus’ failure to exercise or enforce any rights or provisions of the Terms of Use does not constitute a waiver of such right or provision.

These Terms are governed by and shall be construed in accordance with the laws of the Province of Ontario. Unless required otherwise by applicable laws of your Province or State of residence, all claims, actions, or disputes will be in the courts of the Province of Ontario. Any cause of action or claim regarding the Terms of Use or this website must be commenced within one (1) year after the cause of action or claim accrues or arises, otherwise such cause of action or claim is permanently banned.

These Terms of Use, our Terms of Sale, our Privacy Policy, and any other Pegasus policies constitute the entire agreement between you and Pegasus and supersede all previous agreements.

It is the express wish of all parties that these Terms of Use and all policies be drawn up in English.

Any questions or comments related to these Terms of Use can be directed to us by emailing in**@pe********.com