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If you want to use our website there are some rules that you should follow. To avoid problems, you need to agree to these rules in order to use our website. If you do not want to be bound by this agreement then please do not use this website.
PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS
CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND IMAGESELECT SARL-S By
using the Imageselect web site (“Site”) and/or downloading any content
or activating your account on the Community Pages (as defined below),
you agree to be bound by and comply with this Site Usage Agreement
(“Agreement”). If you do not wish to be bound by this Agreement, do
not use this Site.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS
OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A
DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement applies to you, and if you are using this Site on
your employer’s behalf, to you and your employer. Imageselect reserves
the right to change this Agreement from time to time at its sole
discretion, and your use of the Site will be subject to the most
current version posted on the Site at the time of your use. If you are
acting within the scope of your employment as an employee, contractor,
or agent of another party, you warrant that such party has full
knowledge of your actions and has consented thereto.
This Agreement is in addition to your obligations under the
applicable Imageselect Content License Agreement (if any). In the
event of any conflict between this Agreement and the Imageselect
Content Licence Agreement, the Imageselect Content Licence Agreement
will control as to the conflicting terms. If you are unsure of your
rights or obligations under this Agreement, please contact Customer
Service by e-mail at support@imageselect.eu
This Site is owned and operated by Imageselect. All images, audio,
video and related informational materials in any medium furnished by
Imageselect hereunder, including related text, captions, or
information (collectively referred to as “Content”), is owned by
Imageselect or our licensors and is protected by US and international
copyright laws, trade dress, moral rights, and other intellectual
property rights. Except as explicitly permitted under this Agreement
or the applicable Imageselect’ Content License Agreement (if any), no
portion or element of this Site or its Content may be copied or
retransmitted via any means and all related rights shall remain the
exclusive property of Imageselect
FOR THE PROTECTION OF IMAGESELECT AND ITS IMAGE SOURCES AND OTHER
LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY
WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT
SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE
CRAWLING OR TRACKING OF CONTENT OBTAINED FROM IMAGESELECT AND/OR OTHER
METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORISED USE OF
THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”.
If you do not consent to Imageselect’ use of RMS, do not use the
Site or any Content found therein. You shall not knowingly disable any
such technology or tool. You may not remove any copyright or other
proprietary notices contained in the Content, caption information, or
any other material on this Site. Additionally, unless authorised by
Imageselect in writing, you may not: deep link or employ software or
any automatic device, technology or algorithm, to “crawl,” “scrape,”
search or monitor the Site and/or retrieve or copy Content or related
information; violate the mechanical restrictions of the Site, or
bypass other measures employed to prevent or limit access to the Site
or Content by hacking or other means; copy, redirect, or exploit the
Site or any Content; probe, scan, or test the vulnerability of the
Site or of the network supporting the Site, or seek information on
visitors to the Site or personal information of Imageselect’
customers; or use any device, software or routine that would interfere
with the proper functioning of the Site, or any transaction conducted
via the Site.
Your use of this Site and any Content shall comply with all
applicable law. Imageselect reserves the right, in its sole
discretion, to revoke your authorisation to view, download and use the
Content and information available on the Site at any time and for any
reason, with or without notice to you of such revocation, and you
agree to immediately discontinue such use upon notice from
Imageselect. Imageselect may also restrict or remove Content from the
Site for any reason, and you agree to immediately discontinue all use
of the Content upon notification from Imageselect. Additionally, you
are responsible for backing up your data and any Content you have
licensed from the Site, and Imageselect provides no warranty or
guarantee that Content you have licensed will be available from the Site.
Unauthorised use of Content constitutes infringement of copyright
and other applicable rights and shall entitle Imageselect to exercise
all rights and remedies under applicable copyright and other laws,
including monetary damages against all users and beneficiaries of the
use of such Content. Imageselect in its sole discretion reserves the
right to bill You (and You hereby agree to pay) ten (10) times the
licence fee for any unauthorised use, in addition to any other fees,
damages and penalties Imageselect may be entitled to under this
Agreement, any applicable Imageselect Content Licence Agreement and
applicable law. The foregoing is not a limiting statement of
Imageselect’ or its Content sources’ rights or remedies in connection
with any unauthorised use of the Content, breach of the Agreement, or
Imageselect Content License Agreement.
Despite our efforts to provide accurate information, this Site
may contain technical or other mistakes, inaccuracies or typographical
errors. Additionally, this Site and its Content may include
historically and culturally important images and text that may contain
subjects that reflect the social attitudes and circumstances of a
particular time or location. You should be aware that your search may
display results containing content that may seem inappropriate to its
context, or text that could be potentially offensive. You are solely
responsible for determining whether your use of any Content requires
the consent of any third party or the license of any additional
rights, and you should not rely solely on the information provided by
Imageselect. If you are unsure whether additional third-party rights
are needed for your use, you are responsible for consulting with
competent rights management professionals or legal counsel.
Privacy Policy applies to use of this Site, and its terms and
conditions are made part of this Agreement by reference. Please
consult Imageselect’ Privacy Policy for specific information on
Imageselect policies for use of your personal information. You
understand that any message or information sent to the Site may be
viewed or intercepted by third parties, even if there is a special
notice that the information (e.g., financial information) is encrypted.
Please note that if you use Imageselect’ Community Pages,
including blogs and discussion threads described further below, you
should be aware that any personally identifiable information you
submit there can be read, collected, or used by other users of these
forums, and could be used to send you unsolicited messages. We are not
responsible for the personally identifiable information you choose to
submit in these pages. You may, at any time, request access to,
correct and delete personal information about you stored by
Imageselect with respect to these Community Pages by contacting us
directly.
Registration with Imageselect grants you certain privileges. For
example, if you have registered for a Imageselect account and
Imageselect has approved your registration, you may be able to access
Content without a visible watermark. In applying for a Imageselect
account, you agree to furnish true and accurate information.
Imageselect reserves sole discretion over whether to grant you an
account, and you agree to access the authorised sections of the Site
and your account only by using the account number and password
supplied to you by Imageselect. You are responsible for maintaining
the confidentiality of your account number and/or password, if
applicable, and you shall not distribute this access information or
allow others to use this access information to gain access to this Site.
You agree to take reasonable steps to prevent others from
obtaining your access information and to notify Imageselect of any
unauthorised access or need to update or remove access for any of your
employees or agents. You shall be liable for payment for all Content
downloaded by others using your account, with or without your
permission or knowledge prior to the time that you notify Imageselect
of any unauthorised use.
You acknowledge and agree that you are responsible for damages
and repercussions resulting from all uses of your account, whether
actually or expressly authorised by you. You further acknowledge and
agree that you will be responsible for each and every access, use or
enjoyment of the Content that occurs in conjunction with the account
and password given to you by Imageselect, and that Imageselect is
authorised to accept the account information and password as
conclusive evidence that you have accessed, utilised, or otherwise
enjoyed the Content.
If you suspect you are being impersonated, contact us
immediately. Imageselect reserves the right to disclose any
information, including registration data, in order to comply with any
applicable laws and/or government requests for the protection of
Imageselect and its members. Imageselect cannot and will not be liable
for any loss or damage arising from your failure to follow these
obligations. You agree that you shall not acquire any rights of use,
ownership, or bailment as a result of using any Imageselect account or
Site or related services.
Minors and children (persons under the age of 18) are not eligible to
use this Site unsupervised and we ask that minors and children do not
register for an account or submit any personal information to us. By
using this Site unsupervised, and/or registering for an account, you
warrant that you are 18 years of age or older.
Conditioned on your compliance with this Agreement, Imageselect
grants you a limited licence to download Content consisting of images
solely for evaluating whether you wish to purchase a licence to the
image according to Imageselect Content Licence Agreement applicable to
your use (“Comps”). If you are not a registered user, your Comp
licence covers only visibly watermarked Content, and does not entitle
you to download Content which does not contain a visible watermark.
You may use Comps solely for your internal evaluation and for no
longer than sixty (60) days from the date of download solely to
determine whether you intend to obtain a non-Comp licence for the Content.
You may not use a Comp image in any final materials distributed
within your company or any materials distributed outside of your
company or to the public or in any online or other electronic
distribution system. Except for this limited, internal testing and
sample use, Imageselect grants you no other rights, and you may not
copy, distribute, publish, display, sublicense, make available, or
otherwise use in any way the comp outside the scope of this Agreement.
To access images without a visible watermark, you must register for a
Imageselect account.
Imageselect may immediately terminate any licences granted to you
without notice if you fail to comply with any provision of this
agreement or with the Imageselect Content Licence Agreement applicable
to your use. If a licence is terminated, you agree to immediately (i)
stop using this Site and the Content and (ii) delete all Content and
all copies from all magnetic media and destroy all other copies, or,
at Imageselect’ request, return all such copies to Imageselect.
You may not use the trademarks or service marks of Imageselect
without Imageselect’ prior written consent. “Imageselect,”
“Purebudget” “Region images” the IMAGESELECT logo, among others, are
trademarks of Imageselect BV. Other product and company names
mentioned on the Site are trademarks of their respective owners.
You agree to indemnify and hold harmless Imageselect and its Content
sources, officers, directors, employees, contractors, subsidiaries,
joint ventures, licensors and licensees against all claims (including,
without limitation, claims by third parties), liability, damages
(including punitive damages), judgments, settlements, costs and
expenses, including reasonable legal fees and expenses, arising out of
or related to
(i) Your breach of any terms, conditions or
restrictions of this Agreement,
(ii) Your use or modification of
any Content, or combination of any Content, with any text or other
content,
(iii) Your failure to obtain from third parties all
permissions necessary to use the Content,; and
(iv) any act or
failure to act by you or any of your employees, contractors,
employers, agents, clients, principals, or users and
(v) any
claims arising out of Content you supply via the Community Pages.
IMAGESELECT PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS
IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK.
IMAGESELECT MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT,
INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES,
GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING
THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING
WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR
CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS,
AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY,
TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE. FURTHER, IMAGESELECT MAKES NO
REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING
PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS,
MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE
OR FREE FROM ERRORS.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR
LIMITED, NEITHER IMAGESELECT NOR ANY IMAGESELECT SUBSIDIARY,
SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER,
DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE
SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU
FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR
CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT,
CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE
THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
IMAGESELECT, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR
THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR
RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY
CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN,
OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO
AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF IMAGESELECT, INCLUDING
VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA,
TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD
PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO,
ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT,
PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE,
EVEN IF IMAGESELECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR
LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH IMAGESELECT TAKES PRECAUTIONS TO PROTECT PERSONAL AND
CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND IMAGESELECT MAKES
NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL
INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR
TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED
CONFIDENTIAL AND SECURE. IMAGESELECT ASSUMES NO LIABILITY OR
RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR
OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO
IMAGESELECT, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN
YOU AND IMAGESELECT.
IMAGESELECT, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND
THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY
FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER
(INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE,
GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF
ANY, PAID BY YOU TO IMAGESELECT IMMEDIATELY PRECEDING THE TIME THAT
THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT IMAGESELECT’
PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF
LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL IMAGESELECT’
TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM USE OF
THE SITE EXCEED $500.00.
As a convenience, our Site may link to other sites that may be of
interest to you but are not under Imageselect’ control. These links do
not imply endorsement by Imageselect and we are not responsible for
the availability of or the content contained in any linked site.
Imageselect may terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your work
has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on the Site, send
Imageselect’ copyright agent a notice containing:
(i) a physical
or electronic signature of the copyright owner or person authorised to
act on behalf of the copyright owner;
(ii) a description of the
copyrighted work or works that you claim have been infringed and
identification of what material in such work(s) is claimed to be
infringing;
(iii) a description of where the material that you
claim is infringing is located on the Site;
(iv) information
sufficient to permit Imageselect to contact you, such as your physical
address, phone number, and email address;
(v) a statement that you
have a good faith belief that the use of the material you identified
is not authorised by the copyright owner, its agent, or the law;
and
(vi) a statement by you that the information in your notice is
accurate and, under penalty of perjury, that you are the copyright
owner or authorised to act on the copyright owner’s behalf.
Imageselect’ copyright agent for notice of claims of copyright
infringement can be reached as follows:
Imageselect
3 Route d'Arlon
L 7415 Brouch
Luxemburg
By phone:
+31 70 514 61 33
Any dispute regarding this Agreement shall be governed by the laws of
The Netherlands This Agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly disclaimed. The parties hereto
confirm that it is their wish that this Agreement, as well as any
other documents relating hereto, including notices, has been and shall
be written in the English language. (This copy in the [insert
language] language is for courtesy and the English version of this
contract will prevail over this courtesy translations). In any dispute
between Imageselect and you, Imageselect shall be entitled to recover
its reasonable attorneys’ fees, legal expert fees, and other legal
expenses from you.
You acknowledge that you have read this Agreement and understand it,
and agree to be bound by all its terms and conditions. This Agreement
(along with Imageselect’ Privacy Policy, the terms for the Community
Pages (if separately agreed to), and the Imageselect Content Licence
Agreement, if applicable) constitutes the entire agreement between the
parties with respect to the subject matter hereof and merges all prior
and contemporaneous communications. No action of Imageselect, other
than the express or written waiver or amendment, may be construed as a
waiver or amendment of this Agreement.
This Agreement shall not be modified except by a written
agreement signed by duly authorised representatives of Imageselect,
provided that no purchase order or similar document issued by you
shall modify this Agreement, even if signed by Imageselect. If any
provision of this Agreement is found invalid or unenforceable, the
remainder of this Agreement shall remain valid and enforceable
according to its terms. The parties intend that the provisions of this
Agreement be enforced to the fullest extent permitted by applicable
law. Accordingly, the parties agree that if any provisions are deemed
not enforceable, they shall be deemed modified to the extent necessary
to make them enforceable and in such manner as comes closest to the
intentions of the parties to this Agreement as is possible. This
Agreement will inure to the benefit of and be binding upon the
parties, their successors and assigns, except that you may not assign
or transfer this Agreement without Imageselect’ prior written
consent.
The Site may contain chat rooms, discussion forums, bulletin boards,
review services or other forums in which you or third parties may post
Content, messages, materials or other items on the Site
("Community Pages").
If Imageselect provides such Community Pages, You are solely
responsible for your use of such Community Pages and use them at your
own risk. You agree that all the information posted or accessed will
be used only for your individual personal purposes. You will not make
any other unauthorised use of this Site, or any interactive features
available on this Site. You agree that you are responsible for your
own use of the Site, for any Content you upload, and for any
consequences thereof.
Imageselect may require you to furnish additional information or
agree to additional terms before permitting you to access certain
features of the Site. You agree to access the authorised sections of
the Site and your account only by using the account information and
password supplied to you by Imageselect. You acknowledge that your
user name may be displayed on the Site in connection with any content
you submit. For use of Community Pages, Imageselect will enable
registered users to create a community profile of themselves,
including interests and favorites. Please note that if you delete your
profile, all Content you submit (“User Content”), including work and
information created by that user may be deleted.
Subject to the terms of this Agreement, you may post User Content
consisting of images, tags, keywords, reviews, comments, and other
material relating to Content; send communications; and submit
suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
"spam." Hotlinking to other third party Sites is not permitted.
In posting any User Content, you represent and warrant that: you
are the sole owner of the User Content and its copyright and/or have
the right to grant Imageselect the rights in the User Content set
forth in this agreement; the User Content is original and does not
infringe on or violate or misappropriate the statutory copyright or
common law rights of privacy, publicity, or moral rights of any third
party; the User Content is not pornographic or obscene nor does it
defame any third party; the User Content does not contain any illegal
material or promote illegal activities; and the User Content does not
contain any material that denigrates or attacks any persons based on
race, religion, national origin or sexual orientation. You may not use
a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of material or User Content posted or
submitted to the Site.
Imageselect reserves the right (but not the obligation) to remove
or edit such material, but does not regularly review posted User
Content. Tags, keywords, reviews, and comments posted on, and other
material or content submitted to or through the Site are public, not
private, and while Imageselect reserves the right (but not the
obligation) to screen postings, no posting on or submission to or
through Site should be considered approved, reviewed, or endorsed by Imageselect.
Imageselect may engage a third party/third party web site to host
the Community Pages, and that use of such site may require you to
agree to that site’s terms and conditions in addition to those set
forth herein. Unless stated otherwise in the privacy policy posted on
such pages, Imageselect is not responsible for the practices
(including privacy practices) of such site. You agree to abide by the
Code of Conduct linked to the Community Pages.
For clarity, you retain all of your ownership rights in your User
Content. However, if you do post or submit any User Content to or
through the Site, you grant Imageselect and its affiliates, licensees,
and sub-licensees a nonexclusive, royalty-free, fully assignable and
sub-licensable right to use, reproduce, modify, publish, translate,
create derivative works from, distribute, and display such User
Content on the Site and for Imageselect’ (and its successors and
affiliates’) business, throughout the world in any media formats and
you grant each user a non-exclusive licence to access your User
Content as permitted under these Terms of Use. The licence granted by
you will terminate in a reasonable time after you remove or delete the
User Content from the Site, however Imageselect may retain, but not
display, distribute or perform copies of such User Content for
archival purposes.
You grant Imageselect and its affiliates and sub-licensees the
right to use your user name, or the name and avatar that you submit in
connection with such User Content, if they choose. You represent and
warrant that you own or otherwise control all of the rights to the
User Content that you post; that the information provided in
association with the User Content is accurate; that use of the User
Content you supply does not violate this policy and will not cause
injury to any person or entity;
The Site is not intended to be used as back up drive or asset
management system. You are responsible for backing up your data and
any User Content you submit to the Site and Imageselect provides no
warranty or guarantee that User Content you have submitted will be
available from the Site. Imageselect takes no responsibility and
assumes no liability for any User Content posted by you or any third
party on the Community Pages.
You understand and agree that for purposes of any Community
Pages, Imageselect is acting only as a Service Provider as defined in
17 U.S.C. § 512 and as an Interactive Computer Service as defined in
47 U.S.C. § 230(f)(2). As such, Imageselect only operates the pages
from which contributors may offer and users may post User Content,
information and materials. Imageselect does not act as an agent for
such contributors and does not guarantee the safety, quality or
legality of the contributor content or the accuracy of the information provided.
Accordingly, you irrevocably waive and unconditionally release
and waive any and all claims, demands, damages (actual and
consequential) of every kind and nature, known and unknown, you may
have or assert against Imageselect relating to or arising out of any
use of User Content or of these Community Pages.
You acknowledge and agree that inherent in the procurement,
compiling, collecting, interpreting, reporting, communicating,
delivering and inputting digitally of the Content, there will be a
degree of error which cannot be avoided even with standards of quality
control which exceed industry standards. You further acknowledge that
Third Party Content and User Content are provided by third parties and
that Imageselect cannot control such Content.
The following constitute violations of this Agreement and may
result in immediate termination or suspension of your account: any use
of the Site or any Content for illegal purposes, or in support of
illegal activities.
Imageselect reserves the right to cooperate
with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing; harming, or
attempt to harm, minors in any way, including, but not limited to
child pornography; transmitting any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily harm or
destruction of property, or that harasses another; making commercial
use of any Imageselect Community Pages, including offering to sell or
selling goods or services via the forum, making fraudulent offers to
sell or buy products, items, or services (including Content), or to
advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and "chain
letters"; adding, removing or modifying identifying network
header information in an effort to deceive or mislead, or attempting
to impersonate any person by using forged headers or other identifying
information; transmitting any unsolicited commercial or unsolicited
bulk e-mail, or malicious intent to impede another person's use of
electronic mail services or news, or forging any message header, in
part or whole, of any electronic transmission, originating or passing
through the Imageselect service; accessing, or to attempt to access,
the accounts of others, or to penetrate, or attempt to penetrate,
security measures of Imageselect’ or another entity's computer
software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data; transmitting any material (by e-mail,
uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of any
third party, including, but not limited to, the unauthorised copying
of copyrighted material, the digitisation and distribution of
photographs from magazines, books, or other copyrighted sources, and
the unauthorised transmittal of copyrighted software; collecting, or
attempt to collect, personal information about third parties without
their knowledge or consent in violation of any applicable statute or
ordinance; any activity that affects the ability of other people or
systems to use Imageselect Services or the Internet.
This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or
disruption of other network users, services or equipment is
prohibited; any knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person receiving it
will act upon it; intentional distributions of software that attempts
to and/or causes damage, harassment, or annoyance to persons, data,
and/or computer systems, or use of software or any device that would
facilitate a continued connection, i.e. pinging, while using
Imageselect services; reselling or giving away free access to
Imageselect services or resources.
You agree that you will not attempt to enter restricted areas of
Imageselect’ computer system or perform functions that you are not
authorised to perform pursuant to this Agreement. Imageselect may,
without notice, temporarily or permanently suspend your access to the
Site and the Content by deactivating your account or password if
Imageselect reasonably suspects that you are using the account or
password to obtain unauthorised access to Imageselect’ other systems
or information, or are using the account or password in any other
inappropriate manner. These suspensions will be for a period of time
necessary to permit the thorough investigation of such suspended
activity. Imageselect may terminate this Agreement immediately without
notice if it is determined that you have undertaken such unauthorized
activity or if such unusual activity cannot be reasonably
explained.
This Agreement is effective until terminated by Imageselect, in its
sole and absolute discretion. Imageselect may terminate this Agreement
with or without notice to you and will do so if you use or attempt to
use the Site or the Content therein in any manner contrary to the
terms of this Agreement. Any such termination by Imageselect shall be
in addition to and without prejudice to such rights and remedies as
may be available to Imageselect, including the suspension or
termination of your account or password and injunctive relief
enjoining such acts or attempts, it being acknowledged by you that
other legal remedies are inadequate. The, Disclaimer of Warranties,
Limitation of Liability, Indemnification, Termination and Choice of
Law provisions of this Agreement shall survive the termination or
expiry of this Agreement.
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