Date of Last Revision: March 24, 2016
Welcome to BeyondAperture.com (the “Site”) provides our readers and customers with a large gallery of high quality royalty free and original images that can be purchased at reasonable prices and numerous posts specifically tailored for the amateur photographer, focused mainly on landscape photography but not only.
ACCEPTANCE OF TERMS
The following terms will have the following meaning in these terms and conditions:
the original creator of the Licensed Work as identified on the Website;
(b) “Licensed Work”, “Artwork”
artwork or photograph produced by the Artist and licensed for resale to BeyondAperture by the Artist, in such form and format as identified by the Licensee in their Order, which Licensee has licensed from Licensor for use in a production.
(c) “Licensor”, “we”, “us”, “our”, “BeyondAperture” – BeyondAperture, a trading name of IMRC Web Publishing Inc.
(d) ”Licensee”, “you”, or “your”- You, the Licensee placing an Order via the Website to license the Licensed Work for the purpose specified at the time of Order.
(e) “Customer, “you”, or “your” (where sales of Prints are concerned) – You the customer placing an order via the website for hard copy prints or digital downloads of the Artwork/Licensed Work.
an order placed by the Licensee via the Website or via telephone to BeyondAperture.com for the purchase of Photograph;
(g) “Production” – The unique and specific product of the Licensee in which Licensee shall utilise the Licensed Work. For purposes of clarity, any video, pictorial, physical product, or multimedia production shall be considered its own Production. In addition, the Production shall include any video.
a signed, unique copy of the Photograph as produced by the relevant Photographer;
the price as displayed on the Website for the Photograph to be purchased by the Licensee as indicated in the Licensee’s Order;
a high quality print of the Photograph produced by or on behalf of BeyondAperture;
the website accessible via www.BeyondAperture.com and all other domain names owned and operated by BeyondAperture.com linking to the same content.
(l) “Use” – The specific manner in which Licensee may use the Licensed Work(s) under the terms of this Agreement.
(m) “Territory” – The applicable territory of this Agreement, the World and the Universe;
means intellectual property rights including copyright, design right, trade marks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;
By submitting an Order, the Licensee will be deemed to accept these terms and conditions and the Licensee will be required to confirm the Licensee’s acceptance of these terms and conditions prior to acceptance of the Licensee’s Order by BeyondAperture.
The Licensee must submit their Order(s) via the Website in accordance with the instructions set out on the Website, via telephone via the telephone number displayed on the Website or by email to info@BeyondAperture.com. The Licensee will be responsible for ensuring the completeness and accuracy of their Order(s) and BeyondAperture will not be liable for the Licensee’s failure to provide complete and accurate information in their Order.
No Order will be validly submitted except via the e-commerce ordering process on the Website or related telephone number. Any terms or conditions which the Licensee attempts to add to these terms and conditions Agreement in the course of making an Order will be void.
No Order will be deemed to have been accepted by BeyondAperture until BeyondAperture notifies the Licensee in writing (which may be by e-mail) of acceptance of the Order and any relevant purchase reference number.
BeyondAperture reserves the right to:
reject any Order submitted by the Licensee for any reason. Note, in particular, that orders by Licensees outside CANADA may be rejected by BeyondAperture;
cancel any Order before delivery of the relevant Artwork in the event any payment of the Price for the Artwork fails.
Without limitation to the provisions relating to Limitation of Liability in clause 11 below, BeyondAperture will not be liable or otherwise responsible for any loss or damage caused to the Licensee by cancellation of an order by BeyondAperture in accordance with clause 2.5 above.
BeyondAperture reserves all rights not expressly granted under this Agreement.
Orders by Customers for Prints
Availability of Artwork
The Original Artwork and Prints displayed as available on the Website are subject to stock and supply availability, and there may be some delay in updating the Website with regard to the availability of Artwork.
The Customer acknowledges and accepts that BeyondAperture is reliant on its supply chain including Artists whereby they are required for Artwork/Prints to be sent to the Licensee/ Customer. In the event that an Order is placed which BeyondAperture cannot immediately fulfil as a result of reliance on third party suppliers, BeyondAperture will inform the Customer as soon as practicable and delivery may be delayed until such time as stock is available.
In the event that an Order for Original Artwork is placed by another customer prior to the Customer’s Order, then the Order will not be processed and the Customer will be informed that the Original Artwork has already been sold, and any Price paid for the relevant Order will be refunded within a reasonable time.
ORDERS BY LICENSEES
2.8.1. Once payment of the appropriate single License fee has been received in full from You for the selected Licensed Work, BeyondAperture and its Artists grant You one of the following use licenses:
(a) PERSONAL USE LICENSE
Photographer or videographer (“Content Provider”) grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, “Media,”) subject to the following restrictions:
- This license is for personal use only. Personal use means non-commercial use of the Media for display on personal websites and computers, or making image prints or video copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising. The Media may not be resold, relicensed, or sub-licensed.
- Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider.
- There are no warranties, express or implied. The Media are provided ‘as is.’
- Neither Content Provider nor BeyondAperture will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer’s use of the Media.
(b) COMMERCIAL LICENSE
What you can do:
Photographer or videographer (“Content Provider”) grants you a perpetual, non-exclusive, non-transferable, worldwide license to use the accompanying image(s) or video(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
- advertising, promotion, brochures, packaging
- as part of a commercial website for promotional purposes (maximum 800×600 pixels) use
- prints, posters, flyers, tearsheets for promotional purposes (not for resale)
- prints, posters, or other commercial display of Media
- magazines, books, newspapers, other printed publications
- video, broadcast, theatrical
What you may not do:
Buyer may not resell, relicense, redistribute without express written permission from Content Provider. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks. Media may not be made available for download.
Content Provider retains all rights, license, copyright, title and ownership of the Media.
There is no warranty, express or implied, with the purchase of this digital image or video file. Neither Content Provider nor BeyondAperture will be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer’s use of the Media.
The license granted is a nonexclusive, nontransferable, single purpose license subject to the terms and conditions listed here.
Should the Licensee edit, crop or enhance the Licensed Work under the rights granted herein, such edits, crops or enhancements shall not modify the essential character of the Licensed Work, or portion of the Licensed Work, to be used by Licensee in the Production. In addition the edits, crops, and/or enhancements of the Licensed Work shall not be considered to create a new work with its own copyright distinctive from the Licensed Work;
If the Production is part of a series, a separate license for the Licensed Work will be required for any additional uses in other productions which form part of the series. In addition, the Licensed Work shall not be used on a re-occurring basis at the beginning or ending of any television series, regular radio program webpage or video-game production in such a way that the Licensed Work could be considered to serve as part of that productionʼs theme, unless otherwise agreed.
This Agreement shall not transfer to you, nor may you assert, any ownership interest whatsoever (including, but not limited to, copyright and trademark) in or to the Licensed Work.
2.8.6. You may not use, or feature, the Licensed Work separately from the use as granted by the single License, and this Agreement.
2.8.7. This Agreement shall terminate immediately, and automatically, upon the Licenseeʼs insolvency, the appointment of a receiver, assignment for the benefit of creditors, or the breach of any of the provisions set out in this Agreement by the Licensee. In the event of any use by you of the Licensed Work after the termination of this Agreement, BeyondAperture holds the right to obtain an injunction, in addition to any other rights and remedies available, including, without limitation, pursuing an action at law for copyright infringement of the Licensed Work.
You have BeyondAperture’s express permission to use or refer to the name(s) of the Artist (s) of the Licensed Work in the credits, and/or in any promotions, advertisements and publicity of the Production.
ARTWORK AND SALES
BeyondAperture sells Artwork via the Website in a range of forms including in Digital form and in Print form (if available) and in a range of contemporary and ornate frames on request or as otherwise displayed on the Website from time to time. The Licensee/Customer must indicate the form and format of Artwork and frame they require, should framing be required the Licensee/Customer must contact info@BeyondAperture.com to discuss requirements before they place their Order.
In consideration of payment by the Licensee/Customer to BeyondAperture of the Price for each Order in accordance with clause 4 below plus any cost of packaging and postage as may be set out on the Website from time to time, BeyondAperture agrees to deliver the relevant Artwork to the Licensee/Customer in the relevant form (Original, if available, or Print) and in such format (boxed canvass or framed) in accordance with the Licensee/Customer’s Order.
BeyondAperture has licence arrangements with the Artists whose Artwork is sold via the Website. In the event that any such licence is terminated for any reason, BeyondAperture will be entitled to cancel any outstanding Order prior to delivery in the event that the terms of the licence with the relevant Artist will not allow BeyondAperture to fulfil the Order. In such circumstances, the Licensee/Customer will be provided with a full refund of the Price for that Artwork.
The Licensee/Customer agrees and accepts that:
BeyondAperture provides the Artwork, whether purchased as a Digital download or as a Print, without any warranty and BeyondAperture will have no responsibility for the content of the Artwork ordered by the Licensee/Customer via the Website;
BeyondAperture is not responsible for reviewing or editing any of the content of the Artwork or any other information contained in or relating to the Artwork and the Licensee/Customer acknowledges and accepts that the Artwork is provided to BeyondAperture on the basis that BeyondAperture will not exercise any control or judgment of the content of the Artwork;
accordingly, the Artwork is provided to the Licensee/Customer “as is” and “as available” the Licensee/Customer must, accordingly judge the suitability of the Artwork for the purpose intended and the Licensee/Customer purchases the Artwork at the Licensee/ Customer’s own risk;
reasonable variations in colour, size and appearance between the Artwork as displayed on the Website and the Artwork actually delivered to the Licensee/Customer and BeyondAperture will not be liable for any such minor variations.
PRICES AND PAYMENT
BeyondAperture sells Artwork via the Website in a range of forms including in Digital form and in Print form (if available) and in a range of contemporary and ornate frames on request, or as otherwise displayed on the Website from time to time. The Licensee/Customer must indicate the form and format of Artwork and frame they require together with any specifications relating to the frame in their Order.
The Licensee/Customer will pay the Price together with delivery costs for each Order on submitting their Order. Payment must be made:
online via the secure online e-commerce payment system on the Website utilising PayPal. The secure online e-commerce payment system service on the Website will be operated by PayPal. This secure online e-commerce payment system service may be changed from time to time by PayPal without prior notice;
such other payment methods as noted on the Website (which include payment by cheque, bankers draft or postal order), except that any payments made by Licensees/Customers outside of CANADA must be processed via the secure online e-commerce payment system on the Website mentioned above and all such payments will be exchanged into CAD at the exchange rate of PayPal Canada on the date of payment.
Delivery costs will be calculated by BeyondAperture on the basis of the standard charges charged by carriers used by BeyondAperture which may vary from time to time and will vary according to the country of destination and weight of the Artwork. This cost will be confirmed to the Customer by BeyondAperture prior to submitting their Order and the Customer agrees to pay such delivery costs to BeyondAperture in addition to the Price. Notwithstanding this, under usual circumstances the cost of delivery of each Order in CANADA will be $10, except in the event that the Order contains over-sized items of Artwork where the cost will be $20.
BeyondAperture will provide the Licensee/Customer with a receipted invoice for all payments made to BeyondAperture for Orders. Further details regarding payment methods are set out on the Website or can otherwise be obtained by contacting BeyondAperture.
No Order will be processed or accepted by BeyondAperture and no Artwork will be delivered to the Licensee/Customer unless and until the relevant Price for that Order has been received by BeyondAperture in cleared funds from the Licensee/Customer.
BeyondAperture’s standard Prices for Artwork are subject to change from time to time by BeyondAperture and any such change will be notified by amending the relevant Prices displayed on the Website. Any increase in the Prices for Artwork will only apply to an Order placed after the date of the increase, and will not apply retrospectively.
The Licensee/Customer agrees to the reasonable processing of personal data (as defined in the Personal Information Protection and Electronic Documents Act) by BeyondAperture for the purposes of processing the Licensee/Customer’s Orders and delivering the Artwork to the Licensee. In processing personal data, BeyondAperture will comply with all relevant legislation, including but not limited to the Personal Information Protection and Electronic Documents Act.
RESTRICTIONS AND USE OF THE INTERNET
The Licensee/Customer acknowledges and accepts that:
BeyondAperture has no control over the Internet which is a worldwide network of computer systems. Access to the Website, Order processing system and secure online e-commerce payment system on the Website will not be error free or uninterrupted and may be variable;
The Website is maintained by BeyondAperture’s web hosting service provider. Every effort is made to ensure the continuity of the Website, but some occasional technical downtime beyond BeyondAperture’s control and/or the control of BeyondAperture’s hosting service provider may occur. Such downtime may prevent the Website or its content being available for the duration of the downtime and may result in errors occurring in the posting of Orders via the Website. BeyondAperture will not be liable for such delays nor errors resulting from any cause beyond BeyondAperture’s control and/or that of BeyondAperture’s web hosting provider including hosting server downtime.
6.3.1. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6.4.1. The advertising of downloads on our website constitutes an “invitation to treat”;
and your Order for downloads constitutes a contractual offer. The Agreement will not come into force between you and us unless and until we accept your order in accordance with the procedure detailed above/on the website.
Subject to these terms and conditions, the Licensee/Customer may cancel any Order by e- mail to BeyondAperture at info@BeyondAperture.com quoting “Order Cancellation” in the subject heading and the relevant Order reference number in the body of the e-mail. Cancellation of an Order may only be made in accordance with clause 7.2 below.
DELIVERY OF ARTWORK TO CUSTOMERS
On receipt of payment of the Price from the Customer by BeyondAperture for an Order, BeyondAperture will arrange for delivery of the relevant Artwork to the Customer to the address stated by the Licensee in the Order. Delivery to P.O. Boxes will not be made.
Delivery will only be possible to the following countries and BeyondAperture will not process Orders which request delivery to any other country:
United States of America;
the following European Union countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Eire, Finland, France, Germany, Greece, Italy, Luxembourg, Malta, The Netherlands, Poland, Portugal, Spain, Sweden and United Kingdom;
the following other countries: Argentina, Australia, Bahamas, Bahrain, Barbados, Brazil, Canada, Canary Islands, Channel Islands, Chile, Gibraltar, Hong Kong, Iceland, India, Japan, Jordan, South Korea, Kuwait, Liechtenstein, Malta, Mexico, Monaco, New Zealand, Norway, Oman, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, United Arab Emirates and Venezuela.
Subject to BeyondAperture’s Returns Policy set out in clause 9 below, and unless otherwise agreed in writing by BeyondAperture, title and risk in all Artwork delivered by BeyondAperture to the Customer pursuant to an Order will take place once the Artwork is dispatched for delivery by BeyondAperture.
Any timescales or dates indicated for delivery of Artwork are for guidance only and time for delivery will not be of the essence in this Agreement. If no timescales or dates are so indicated, delivery will be made by BeyondAperture within a reasonable time. Notwithstanding this, under usual circumstances Artwork for delivery in the United Kingdom should be dispatched within 28 working days from the date of the Order. If there is a more urgent requirement by the Customer, the Customer must contact BeyondAperture in advance of placing the order.
Any liability of BeyondAperture for non-delivery of the Artwork will be limited to replacing the Artwork within a reasonable time (except in the case of Original Artwork where no replacement is possible) or issuing a refund of the Price paid to the Customer. Reasonable evidence of non-delivery will be required by BeyondAperture and BeyondAperture will not be liable for more than one replacement of undelivered Artwork.
Without limitation to the provisions relating to Limitation of Liability in clause 11 below, BeyondAperture will not be liable or otherwise responsible for any loss or damage caused by late or delayed delivery of the Artwork to the Customer.
In the event that any Artwork delivered to you pursuant to your Order is damaged or of a quality or specifications which are reasonably less than that represented on the Website or requested in the Order, the Customer may return the Artwork to BeyondAperture within 14 days of the date of delivery of the Artwork and, subject to clause 9.2 below, BeyondAperture will, at the Customer’s preference, either:
provide a replacement copy of the Artwork to the Customer; or
provide the Customer with a full refund of the Price and reasonable delivery costs within a reasonable time which under usual circumstances should be no more than 28 days.
BeyondAperture’s Returns Policy set out in clause 9.1 above is subject to the following terms:
any Original Artwork delivered to the Customer by BeyondAperture will be non-replaceable, and in the event of return of an Original piece of Artwork by the Customer in accordance with clause 9.1 above, only a refund of the Price to the Customer will be available under BeyondAperture’s Returns Policy;
in no circumstances will returned Artwork will be replaced by different Artwork from that originally requested in the Order. A new Order will be required for different Artwork;
undamaged Artwork or Artwork of a satisfactory quality will be non-returnable under BeyondAperture’s Returns Policy;
all returns of Artwork must be made in accordance with clause 9.3 below.
In order to return any Artwork pursuant to BeyondAperture’s Returns Policy set out in clause 9.1 above, the Customer must complete the following procedure:
the Customer must contact BeyondAperture via info@BeyondAperture.com, quoting “Returns” in the subject field, and include in the body of the message the reference number of the Order, details of the reasons for return and whether replacement (if available) or refund is required;
in response to receipt of a completed BeyondAperture returns form from the Customer via the Website, BeyondAperture will provide full written details of where the Customer should deliver the returned Artwork;
on receipt of the Customer’s returned Artwork at the address indicated, BeyondAperture will replace the Artwork or refund the Price in accordance with the relevant BeyondAperture returns procedure.
IPR (Intellectual Property Rights)
All IPR in the Artwork sold by BeyondAperture pursuant to an Order under these terms and conditions are and will remain the property of the relevant Artist(s) as properly licensed to BeyondAperture, and nothing in these terms and conditions will in any circumstances assign, sell or otherwise transfer the IPR in the Artwork to the Licensee/Customer or any other person. Furthermore, the Licensee/Customer is not granted any licence of the IPR in the Artwork by virtue of these terms and conditions. All IPR of the relevant Artist are hereby asserted and reserved.
Accordingly, Artwork is sold by BeyondAperture to Customers for non-commercial use by the Licensee only and reproductions of the Artwork may not be made or re-sold without the express permission of the relevant Artist.
The Licensee/Customer will be responsible for the Licensee/Customer’s use of the Artwork and the Licensee/Customer acknowledges and accepts that BeyondAperture does not make any representation or warranty about the Artwork whether express or implied. For the avoidance of doubt, BeyondAperture does not warrant that the Artwork will not contain or include any content that is likely to infringe the IPR of any third party.
Subject to clause 11 below, BeyondAperture will not be liable to the Licensee/Customer damages, costs and losses incurred by the Licensee arising out of any claim made against the Licensee/Customer for infringement of any IPR of any third party caused by the Artwork or the Licensee/Customer’s use of the Artwork.
BeyondAperture and associated brand features are trade names or trade marks of Naik Media, the use of which is expressly forbidden by the Licensee/Customer or any other person without the express permission of BeyondAperture.
If the selected License permits you to use the Licensed Work in your Production on the World Wide Web, or any other online or interactive
device or distributed media, you must deploy your best efforts to ensure that users may not capture, copy, or download the Licensed Work, be it in isolation, or in conjunction with the Production.
Limitation of Liability
The Licensee/Customer acknowledges and accepts that the following terms reflect a fair allocation of risk between the parties. These terms and conditions set out BeyondAperture’s entire liability to the Licensee/Customer and all other liability of BeyondAperture to the Licensee/ Customer is hereby excluded, subject that nothing will exclude or restrict BeyondAperture’s liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from BeyondAperture’s negligence.
Subject to clause 11.1 above, the Licensee/Customer agrees that BeyondAperture’s total liability under these terms and conditions will not exceed the Price actually paid by the Licensee/ Customer to BeyondAperture relating to the relevant Order giving rise to the alleged claim or the sum of £500 whichever is the lower, including where such liability arises out of BeyondAperture’s negligence.
In no event will BeyondAperture be liable to the Licensee/Customer whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Artwork to the Licensee/Customer, including without limitation: loss of business and/or goods, loss of goodwill, loss of profits, loss and/or corruption of data and/or damages awarded against the Licensee/Customer as a result of legal proceedings by any third party in relation to the Artwork, including any claim that the Artwork infringes the IPR of any third party. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage will constitute direct loss for the purposes of this Agreement.
BeyondAperture will not be liable to the Licensee/Customer for any acts, omissions or failures of third party sub-contractors used by BeyondAperture in delivering Artwork to the Licensee/ Customer pursuant to Orders placed by the Licensee/Customer under these Terms and Conditions, including but not limited to intermediary suppliers of Artwork, service providers for the delivery of Artwork and service providers of the secure online e-commerce payment system on the Website.
Nothing in these Terms and Conditions will limit your statutory rights as a consumer.
The Licensee/Customer warrants and undertakes that:
it has the power and authority to enter into this contract with BeyondAperture;
it will not use the Website or Artwork for any unlawful purpose or which gives rise to civil or criminal liability;
it will not use the Website or Artwork in conjunction with any abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material or in any way which will or is likely to bring the relevant Artist or BeyondAperture into disrepute;
it will not use the Website or Artwork to infringe the IPR of any third party.
Notwithstanding the above, the Licensee/Customer warrants that the Licensee/Customer will be truthful and honest in its use of the Website and make purchases of Artwork in a responsible and reasonable manner and only as envisaged by these terms and conditions.
Any breach of these warranties will entitle BeyondAperture to cancel any Order at BeyondAperture’s discretion and BeyondAperture may at its discretion cancel all or any other Orders made by the Licensee/Customer and terminate this agreement without notice.
BeyondAperture gives no warranties with regard to the Artwork or with regard to the content of the Website and to the maximum extent permitted by law, BeyondAperture excludes liability for all representations, warranties, conditions and other terms which but for this notice would have effect or be implied.
The Licensee/Customer will indemnify and hold harmless BeyondAperture in full and defend at its own expense BeyondAperture against all claims, liabilities, costs and losses whatsoever and howsoever incurred by BeyondAperture arising out of any claim made against BeyondAperture as a result of the breach by the Licensee/Customer of the above warranties.
BeyondAperture may terminate this Agreement at any time for any reason on notice in writing (which may be by e-mail) to the Licensee/Customer in the event of any breach by the Licensee/Customer of the provisions of these Terms and Conditions.
On termination, any outstanding Order of the Licensee will be immediately cancelled. Except as otherwise provided in these terms and conditions, the Price paid to BeyondAperture for the relevant Order will be refunded on termination, unless the relevant Artwork in question has been despatched to the Licensee/Customer prior to termination in which case the relevant Price will not be refunded.
Any notice required or permitted under these terms and conditions will be in writing (which may be by e-mail) and will be deemed to have been properly given:
48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address set out on the Submission or other address notified for the purpose; or
at close of business on the day of effective transmission if sent by e-mail to an e-mail address notified for that purpose.
BeyondAperture will not be liable for failure to meet its obligations under these terms and conditions if BeyondAperture or its contractors are prevented from or delayed in doing so due to circumstances beyond BeyondAperture’s reasonable control including, without limitation, acts of
God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies.
No provision of these Terms and Conditions will be enforceable under the Contracts by a person who is not party to it.
BeyondAperture may assign its rights or obligations under these Terms and Conditions at anytime. The Licensee/Customer may not assign its rights or obligations under these terms and conditions without BeyondAperture’s prior written consent.
These terms and conditions will be governed by Canadian law and the parties hereby submit to the exclusive jurisdiction of the CANADA courts.