ImageCollect Terms of Service

Document Sample
ImageCollect Terms of Service Powered By Docstoc
					                                  TERMS OF SERVICE

                                    INTRODUCTION

Welcome to ImageCollect.com. This website is maintained as a service to our customers,
clients and content providers.

Please read the following Terms of Service carefully before using the ImageCollect
Service, so that you are aware of your legal rights and obligations with respect to
ImageCollect and the Service.

These Terms of Service together with all updates, additional terms and all of
ImageCollect’s rules and policies, including but not limited to our Content Provider
Agreement, Content License Agreement and our Privacy Policy, as applicable,
collectively constitute the contract between you and ImageCollect. By using the Service,
you accept the terms of these Terms of Service. Further, you agree to ensure that anyone
who uses the Service on your computer or anyone who uses the Service using your
ImageCollect account also abides by these Terms of Service. ImageCollect has the right
to revise these Terms of Service and all other Legal Agreements applicable to
ImageCollect at any time without providing notice to its users. Your continued use of the
Service shall be deemed acceptance of any revisions or modifications to these Terms of
Service. You can view the most recent version of these Terms of Service at any time by
going to www.ImageCollect.com and clicking on the link labeled Legal Documents and
then clicking on the link labeled Terms of Service.

We reserve the right to change, modify, suspend or discontinue any portion of the Service
at any time. We may also impose limits on certain features or restrict your access to parts
or the entire Service without notice or liability.

If you do not agree to these Terms of Service, do not use this website.

ARTICLE 1 DEFINITIONS

1.1 Content

Any and all Content available for download or preview through the Service, including but
not limited to photographs, photos, images, .jpg files, .gif files, .pdf files, and .png files
and the like (each one "Content" and together "Content") regardless of whether such
Content is obtained via download from the ImageCollect.com, delivered via any Storage
Media that is now known or may become known in the future, or obtained from a third
party authorized by ImageCollect to distribute or perform the Content, together with all
accompanying material.

1.2 Content Provider

Any person or entity or their agent or the like who makes Content available for download
on ImageCollect.com through acceptance of the Content Provider Agreement.
1.3 Invoice

Any computer-generated or printed form or document provided by ImageCollect, or any
ImageCollect authorized third parties, that sets forth, without limitation, the specific
parties contracting for use of the Content selected, the limitations on the license (as
applicable) of the Content and the corresponding price(s) for the license of such Content.
The term "Invoice" includes any confirmation pages, or receipts provided to you in
connection with an on-line payment transaction that contain additional licensing terms.

1.4 The Service

The "Service" is defined as follows: Any content, licenses and services available through
http://www.ImageCollect.com/.

1.5 Content

Any file, including but not limited to photographs, photos, images, .jpg files, .gif files,
.pdf files, and .png files and the like (each one "Content" and together "Content") created
by you.

1.6 Storage Media

Any USB Flash Drive, CD-ROM, digital video disc (DVD), floppy disk, or any other
storage device or media now known, or hereafter created.

1.7 User

The individual, legal entity or agent (referred to in most contexts as either Content
Provider or licensor pursuant to a Content Provider Agreement or as a customer or
licensee pursuant to a Content License Agreement) entering into or potentially entering
into a contract with ImageCollect or any employee or contractor of such individual, legal
entity or agent that edits, manipulates, performs, downloads, views, uses, mechanically
reproduces, synchronizes or modifies Content or is otherwise directly involved in the
creative process. All Users shall use the Service in accordance with the terms and
conditions of these Terms of Service and, as applicable, Content Provider Agreement, a
Content License Agreement or both.

1.8 You or Your

Refers to a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole
proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.

ARTICLE 2 ELIGIBILITY

The Service is available only to, and may only be used by, individuals who can form
legally binding contracts under applicable law. Only individuals over the age of 18 may
use the Service without first obtaining the consent of a parent or legal guardian and
providing written proof of consent to ImageCollect. For more information regarding
eligibility of minors please review our Minor Authorization and Consent form by going
to www.ImageCollect.com and clicking on the link labeled Legal Documents and then
clicking on the link labeled Minor Authorization and Consent Form. The Service is not
available to persons under the age of 18 who have not provided ImageCollect with
written consent of a parent or legal guardian.

Whether you are a Content Provider of a customer or both, if your ImageCollect account
is suspended for any reason, the Service is not available to you.

This website is intended for adults only. This website is not intended for children under
the age of 13.

ARTICLE 3 ACCOUNT INFORMATION

3.1 To obtain access to the Service, you have to sign up with ImageCollect and apply for
a ImageCollect account (an "Account"). Once you are granted an Account, you become n
ImageCollect account holder. As a ImageCollect account holder you may choose to
upload and license Content to ImageCollect or download or license Content from
ImageCollect.

We reserve sole discretion over whether to grant you an Account.

3.2 You agree to provide complete, true and accurate information required to register
with the Service, including but not limited to your e-mail address and credit card
information ("Registration Data"). You further agree that we may store and use your
Registration Data for use in maintaining your Account and billing fees to your credit
card.

3.3 You are responsible for maintaining the confidentiality of your Account, and you
shall not distribute this information or allow others to use this information to gain access
to the Service. You shall be liable for payment for all Content downloaded by you and by
others using your Account without respect to whether the Content was downloaded with
your permission or knowledge prior to the time that you notify us of any unauthorized
use of your Account.

ARTICLE 4 UPLOADING CONTENT

By uploading Content, you agree to the terms and conditions as set in our Content
Provider Agreement, which is available at ImageCollect.com and is incorporated into
these Terms of Service by reference.

Pursuant to the terms of our Content Provider Agreement, ImageCollect may delete,
move, refuse to accept or edit any Content uploaded by you that is deemed unacceptable
in ImageCollect's sole discretion. Thus, if any of your uploaded Content is deemed
unacceptable, it may be deleted or moved to the "Free" section of ImageCollect.com.

ARTICLE 5 DOWNLOADING CONTENT

5.1 Limited License

Subject to the terms of these Terms of Service and, as applicable, our Content License
Agreement, ImageCollect grants you a perpetual, single use, one time, non-exclusive,
non-sublicensable, non-assignable, license to use the Content in the following media and
only for editorial, non-commercial purposes:

   (i)      Newspapers (cover photos require an Extended License)
   (ii)     Magazines (cover photos require an Extended License)
   (iii)    Websites
   (iv)     Blogs
   (v)      Books (cover photos require an Extended License)
   (vi)     Slideshows, Presentations, and Demonstrations
   (vii)    Email Newsletters
   (viii)   Printed Newsletters
   (ix)     Social Media
   (x)      Television Shows
   (xi)     iPhone and iPad Applications
   (xii)    Facebook Applications

In addition to the editorial, non-commercial approved uses above, ImageCollect grants
you a perpetual, single use, one time, non-exclusive, non-sublicensable, non-assignable,
license to use the Content for the following media and solely for personal, non-
commercial purposes (note: re-selling of goods incorporating the Content is strictly
prohibited):

   (i)      Framed & Unframed Prints
   (ii)     Posters
   (iii)    T-shirts
   (iv)     Mugs
   (v)      Aprons
   (vi)     Bookmarks
   (vii)    Cutting Boards
   (viii)   Jigsaw Puzzles
   (ix)     Hand Bags
   (x)      Sun Shades
   (xi)     Mouse pads
   (xii)    Umbrellas

ImageCollect.com and the services offered on or through its website, including any
content and materials thereon, are only for non-commercial use. Any commercial
distribution, publishing or exploitation of ImageCollect.com, or any Content, code, data
or materials on ImageCollect, is strictly prohibited unless you have received the express
prior written permission from ImageCollect or the applicable rights holder. You may not
otherwise download, display, copy, reproduce, distribute, modify, perform, transfer,
create derivative works from, sell or otherwise exploit any Content, code, data or
materials on ImageCollect.com. Any use of ImageCollect.com, or the Content, code, data
or materials thereon, except as otherwise provided herein, is strictly prohibited. We will
enforce our intellectual property rights to the fullest extent of the law.

This license shall continue in perpetuity for any media created hereunder during the
Term, but shall not be applicable to any media created after the Term's expiration or
termination. This license remains subject to all applicable copyright laws and in no way
should be construed to grant you copyright in the Content.

ImageCollect and / or its Content Providers, as applicable, explicitly reserve all other
rights in and to the Content and accompanying materials.

5.2 Your Limited Rights as Account Holder

You shall not sell, assign, rent, lease, distribute, act as an intermediary or provider, or
otherwise grant rights to third parties with regard to Content downloaded by you.
However, you may sell, assign, rent, lease, or otherwise distribute original media created
by you under these Terms of Service, provided that any such third party buyer, assignee,
renter, leasee, or distributor agrees to and is bound by the terms and conditions
hereunder.

5.3 Obligation to Preserve All Content in their Original Form

You shall not undertake, cause, permit or authorize the modification of or the creation of
derivative works or translation of Content in the manner contemplated by Section 5.4 of
these Terms of Service.

5.4 Unauthorized Use of Content

Content shall not be used unaccompanied and shall not be used as a solo item. Further,
Content shall not be incorporated into other libraries or any format or device capable of
reproducing the Content as a solo item. Content shall not be used in a way that could be
considered defamatory, pornographic, libelous, immoral, obscene, fraudulent, or illegal.
Any such use provides grounds for ImageCollect to suspend your Account.

5.5 Agreement to Pay All Fees Associated with Downloading and/or Licensing
Content

You agree that you are jointly and severally liable for all fees associated with
downloading and/or Licensing Content from ImageCollect and further agree to be bound
by the terms and conditions of our Content License Agreement. See Article 6 of these
Terms of Service.
5.6 Ownership

All Content available on ImageCollect.com is and shall be continue to be the property of
AudioMicro, Inc. or its Content suppliers and/or Licensors and is protected under
applicable copyright, patent, trademark, and other proprietary rights. Any copying,
redistribution, use or publication by you of any such Content or any part of
ImageCollect.com is prohibited, except as expressly permitted in these Terms of Service.
Under no circumstances will you acquire any ownership rights or other interest in any
Content by or through your use of ImageCollect.com.

5.7 No License Granted for Free Clips

All Content downloaded for free from this website is for the downloader’s personal
enjoyment only and is not to be used for any other purpose. We grant no license or right
of any sort to you when you preview and/or download “Free” Content at or from
ImageCollect.com.

ARTICLE 6 FEES AND PAYMENTS

6.1 General

Uploading Content pursuant to the terms of our Content Provider Agreement is free. Fees
are charged to Accounts for downloading Content pursuant to the terms and conditions of
our Content License Agreement. You agree to pay for all Content you download and each
Account credit package you may purchase through the Service. You agree that we may
charge your credit card for any Content and/or credit package purchased and for any
additional amounts due (including but not limited to taxes, late fees and applicable credit
card fees).

6.2 Default Currency is U.S. Dollars

All Account transactions are made and displayed in U.S. Dollar unless otherwise
specified and may be subject to exchange rates.

6.4 All Payments by Credit Card and / or PayPal

You shall make payments using a major credit card accepted by ImageCollect or using
PayPal.

6.3 Automatic Fee Billing

Any fees applied to your account will be billed automatically to the credit card and / or
PayPal account you designate during the Service registration, purchase, and sign up
process. After you become an Account holder you may be able to designate another
credit card for billing provided the credit card account holder of the card is the same as
the card used for registration.

6.5 We Reserve the Right to Change Our Fees

We reserve the right to change our fees at any time, with or without notice to you. We
shall aim to provide you with reasonable notice of any changes to our fees and we agree
to use the email address provided by you during registration or, as we deem necessary,
any other email address provided by you during your dealings with ImageCollect to
provide you with email notice of any changes to our fees.

ARTICLE 7 TERMINATION

ImageCollect shall be entitled to terminate any agreement between you and ImageCollect
and/or your Account or both at its sole discretion and without any notice to you if we
believe that you have failed to comply with any provision of these Terms of Service.
Upon termination you shall remain liable for all fees and amounts due under your
Account.

ARTICLE 8 PROPRIETARY RIGHTS

8.1 You acknowledge and agree that the Service contains proprietary information and
material that are owned by ImageCollect and its licensors or both and that this
information and material are protected by applicable intellectual property rights,
including but not limited to copyright, trademark and patents.

8.2 Nothing in these Terms of Service intends to transfer any intellectual property rights
to, or to vest any intellectual property rights in you. You are only entitled to the limited
use of the Content granted to you in these Terms of Service. You shall not take any action
to jeopardize, limit or interfere with others' intellectual property rights. You acknowledge
and agree that any unauthorized use of others' intellectual property rights is a violation of
these Terms of Service as well as a possible violation of intellectual property laws,
including without limitation copyright law, trademark law and patent law.

8.3 You agree that you will not remove, obscure, make illegible or alter any notices or
indications of either intellectual property rights or ImageCollect’s rights and ownership
thereof.

ARTICLE 9 ACCESS AND INTERFERENCE

9.1 You acknowledge and agree to use the Service solely for lawful purposes. Access to
the Service may be terminated without notice should you be deemed to be using your
Account for any unlawful purpose.

9.2 You agree that you shall not use any robot, spider, scraper or other automated means
to access the Service for any purpose without the express written consent of
ImageCollect. Use of a robot, spider, scraper or other automated means to access the
Service is prohibited unless ImageCollect consents in writing to such use. Anyone using
a robot, spider, scraper or other automated means to access the Service without the
express written consent of ImageCollect shall be denied access to the Service and liable
for fees associated with any downloads as well as separate fees as described in the
applicable Content License Agreement.

9.3 You agree that you shall not: (i) take any action that imposes, or may impose in our
sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii)
copy, reproduce, modify, create derivative works from, distribute or publicly display any
content from the Service without our prior expressed written permission and the
appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper
working of the Service; or (iv) harvest or collect information about the users or members
of the Service; or (v) use such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications.

9.4 Further, your activities through the Service shall not: (i) be false, inaccurate or
misleading; (ii) infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute,
ordinance or regulation; (iv) contain any viruses, Trojan horses, spyware, worms, time
bombs, cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information.

ARTICLE 10 NOTIFICATION OF COPYRIGHT INFRINGEMENT

ImageCollect will investigate notices of copyright infringement and take appropriate
actions. If you believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on
http://www.ImageCollect.com, send us a notice at ImageCollect[at]gmail.com
containing: (i) a physical or electronic signature of the copyright owner or person
authorized 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 ImageCollect website; (iv) information sufficient to
permit ImageCollect to contact you, such as your physical address, telephone number or
email address; (v) a statement that you have a good faith belief that the use of the
material you identified is not authorized by the copyright owner, its agent, or the law; and
(vii) a statement by you that the information in your notice is accurate and, under penalty
of perjury, that you are the copyright owner or authorized to act on the copyright owner's
behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be
reached as follows: By mail: ImageCollect 13351-D Riverside Drive, #219, Sherman
Oaks, CA 91423 ; By E-mail: ImageCollect[at]gmail.com.

ARTICLE 11 BREACH
Without limiting other remedies, we may limit your activity, immediately remove your
Account and/or Content, warn our community of your actions, issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership and refuse to
provide our services to you if: (a) you breach these Terms of Service or the documents it
incorporates by reference; (b) we are unable to verify or authenticate any information you
provide to us; or (c) we believe that your actions may cause financial loss or legal
liability for you, our users or us.

ARTICLE 12 LINKS

We may provide links to other sites that we feel are relevant and interesting to our users
("Link Sites"). ImageCollect is not responsible for the content on the Link Sites and is not
responsible for the accuracy of the information and intellectual property notices therein.
Some of these Link Sites may provide you with opportunities to purchase products. We
do not endorse any of the products nor do we make any representations or warranties in
connection with the products.

ARTICLE 13 PRIVACY

We do not sell or rent your personal information to third parties for their marketing
purposes without your consent and we only use your information as described in the
Privacy Policy which is incorporated into these Terms of Service by reference.

Please review our Privacy Policy available by going to www.ImageCollect.com and
clicking on the link labeled Legal Documents and then the link labeled Privacy Policy.
By using the Service, you agree to the terms of our Privacy Policy. If you object to your
information being transferred or used in conformance with our Privacy Policy do not use
our Service.

We reserve the right, and you authorize us, to use and assign all information regarding
site uses by you and all information provided by you in any manner consistent with our
Privacy Policy.

Specifically, we reserve the right to and you agree through your use of the Service to
allow us to use your username and site logo to promote ImageCollect and
ImageCollect.com and our affiliates.

ARTICLE 14 NO WARRANTY

ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH IMAGECOLLECT.COM ARE PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR USE AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE, OUR SUBSIDIARIES,
AND OUR LICENSORS DO NOT WARRANT: (A) THAT MATERIALS,
INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH IMAGECOLLECT.COM ARE ACCURATE, RELIABLE OR CORRECT;
(B) THAT IMAGECOLLECT.COM WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; (C) THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR (D) THAT THE MATERIALS, INFORMATION, PRODUCTS
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
IMAGECOLLECT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.

YOUR USE OF IMAGECOLLECT.COM AND THE SERVICE IS SOLELY AT YOUR
RISK.

ARTICLE 15 IMAGECOLLECT'S LIMITED LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, SUBSIDIARIES, OR OUR LICENSORS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR OTHER DAMAGES UNDER ANY OTHER LEGAL
THEORY THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE
SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE
OF THE SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT OR PRODUCT MADE AVAILABLE
THROUGH THE SERVICE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF IMAGECOLLECT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE EXTENT THAT IMAGECOLLECT IS FOUND LIABLE BY A COURT OF
LAW, THAT LIABILITY, AND THE LIABILITY OF OUR DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, SUBSIDIARIES, OR OUR LICENSORS TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT
OF DOWNLOAD OR LICENSE FEES EXCLUDING LATE FEES, CREDIT CARD
FEES AND TAX FEES YOU PAID TO IMAGECOLLECT IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY

ARTICLE 16 Your Representations and Warranties

You represent and warrant that you are authorized to enter into our Terms of Service and
comply with its terms and conditions. Furthermore, you represent and warrant that you
will at any and all times meet with your obligations hereunder, as well as any and all
laws, regulations and policies that may apply to the use of the Service.

ARTICLE 17 INDEMNIFICATION

You agree to indemnify, defend and hold ImageCollect, its subsidiaries, affiliates,
directors, officers, employees advisers, lenders and investors harmless from and against
any and all liability and costs, including reasonable attorneys' fees incurred by said
parties, in connection with or arising out of your (a) violation or breach of any term of
these Terms of Service or any applicable law, regulation, policy or guideline, whether or
not referenced herein, (b) violation of any rights of any third party, (c) use or misuse of
the Service or (d) use or misuse of ImageCollect.com.

ARTICLE 18 GENERAL PROVISIONS

18.1 Modification of Terms of Service

ImageCollect reserves the right to modify these Terms of Service at any time by
publishing the revised Terms of Service on ImageCollect.com. Your continued use of the
Service shall constitute your acceptance of the terms and conditions of the revised Terms
of Service.

18.2 Entire Agreement

The terms and conditions of these Terms of Service constitute the entire agreement
between you and ImageCollect with respect to the subject matter hereof and will
supersede and replace all prior understandings and agreements, in whatever form,
regarding the subject matter.

18.3 Severability

Should any term or provision of these Terms of Service be deemed invalid, void or
enforceable either in its entirety or in a particular application, the remainder of these
Terms of Service shall nonetheless remain in full force and effect.

18.4 No Waiver

Unless expressly waived in writing and signed by ImageCollect, the failure of
ImageCollect at any time or times enforce any term of these Terms of Service or to
require performance of any obligations under these Terms of Service shall not affect
ImageCollect's right at a later time to enforce the same or to require performance of same.

18.5 Not Assignable Without Consent

You shall not assign these Terms of Service or any rights hereunder without the prior
written consent of ImageCollect. ImageCollect reserves the right to assign these Terms of
Service or any rights or obligation under these Terms of Service without your consent.

18.6 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws
of the state of California without giving effect to the laws of your actual state or country
of residence.

18.7 Venue

Any legal proceedings arising out of or relating to these Terms of Service shall be
brought solely in the Federal District Court of the District of California and you expressly
consent to the exclusive jurisdiction of the federal courts of the State of California,
United States.

18.8 Consent to Service

In relation to legal proceedings arising out of these Terms of Service, you consent to the
service of any required notice or process upon you by registered mail or overnight courier
with proof of delivery.

ARTICLE 19 COMPLIANCE WITH LAWS

You agree to comply with all applicable laws regarding your use of ImageCollect.com.
You further agree that information provided by you is truthful and accurate to the best of
your knowledge.

ARTICLE 20 HOW TO CONTACT US

Contact us by clicking here:

http://www.ImageCollect.com/contact-us

Or contact us by email at:

ImageCollect[at]gmail.com

Or contact us by mail at:

AudioMicro, Inc.
c/o ImageCollect
13351-D Riverside Dr #219
Sherman Oaks, CA 91423

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:768
posted:2/14/2011
language:English
pages:13
Description: ImageCollect Terms of Service