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|ImageEvent Terms and Conditions, Last Modified on July 15, 2001|
Welcome to ImageEvents's Terms and Conditions of use of the ImageEvent ("ImageEvent") WEB SITE (the "web site") and goods provided or in connection with the WEB SITE (collectively, the "ImageEvent SERVICE"). These Terms and Conditions create an agreement applicable to your use of our services (whether you use our services under a ImageEvent Premium membership or a free limited membership) at ImageEvent. We may amend this agreement at any time by posting the amended terms on our Site.
MEMBERSHIP AND FEES
If you purchase a ImageEvent membership, you warrant that all information that you submit is true accurate. (including without limitation your credit card number and expiration date), and you agree to pay all fees you incur plus any applicable taxes. All fees and charges will be at the rates in effect at the time the charges were incurred. You are responsible for paying all fees, charges and applicable taxes associated with your use of the ImageEvent Service. All amounts appearing on the Web Site are quoted in US dollars.
ImageEvent fees grant you to annual service, activated beginning on the date your membership is for a period of one year (365 days). Membership renewal fees are required to be paid prior to your membership anniversary date in order to ensure that your membership service continues uninterrupted.
In the event legal action is necessary to collect on balances due, you agree to reimburse Imageevent for all expenses incurred to recover sums due, including reasonable attorney fees and other legal expenses. You are responsible for purchase of, and payment of charges for, Internet Access Services and Telecommunications Services needed for use of the ImageEvent membership service. All fees are shown in US dollars and do not include local connection and telephone charges which may be applicable to you.
This Web Site includes a 4 types of albums: Gallery, Shared, Hidden and Personal photo albums, as well as a community forum. We encourage the free exchange of ideas but have established the following parameters for the Member Album building service and guidelines for any content placed on those pages.
Members may only have one free basic account. Members may have more than one account if they are a paying subscriber.
ImageEvent is not responsible for the content of any Album, and the views expressed in the Community area of ImageEvent are the responsibility of the posting Member and not ImageEvent. ImageEvent does not review Albums in any way before they appear on the Member area of the Site. ImageEvent reserves the right to remove any album from the Site.
ImageEvent provides space for Member Albums but makes no implied or express warranties about the reliability of these albums. ImageEvent is not responsible for any damage caused by loss of access to, or deletion or alteration of Member albums; individual Members are responsible for monitoring and creating backups of their albums.
The following is a non-exclusive list of actions and content that are not permitted on the Web Site:
MONITORING OF CONTENT
ImageEvent does not control the content of any albums and does not have any obligation to monitor such content for any purpose. All content provided by a user of this site is the sole responsibility of that user, and not ImageEvent.
ImageEvent respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this web site, please contact ImageEvent for notice of claims of copyright infringement at firstname.lastname@example.org, or at ImageEvent, 737 Durshire Way, Sunnyvale CA 94087. You must provide our agent with the following information, which ImageEvent may then forward to the alleged infringer:
Describe the copyrighted work that you believe has been infringed; Identify the material on ImageEvent's site that you believe infringes your work, with enough detail so that we may locate it on the site; Provide your address, telephone number, and email address; Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Declare under penalty of perjury that
ImageEvent claims no ownership rights in any image contained in any of your photo albums. For the sole purpose of displaying your images through your Album, and fulfilling any print and gift orders you or your album invitees place, you grant ImageEvent to use such images to fulfill such orders.
TERMINATION OF THIS AGREEMENT AND THE ImageEvent SERVICE
If you breach any provision of this Agreement, then you may no longer use the ImageEvent Service.
(You may terminate this Agreement at any time. To terminate this Agreement, you must notify ImageEvent by sending email to email@example.com. After receipt of your termination notice, ImageEvent will terminate your account.)
ImageEvent may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the ImageEvent Service or any part of it at any time, for any reason, without any notice to you and without any liability to you or any other person.
ImageEvent or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the ImageEvent Service and any ImageEvent membership and account you may have; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address or domain name; (iii) remove from the ImageEvent Service and permanently delete and destroy any Materials (or any components thereof) that you or others may have posted or submitted to the ImageEvent Service (and for purposes of this Agreement, "posted" and "submitted" includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (iv) restrict access to the Materials posted or submitted to the ImageEvent Service and to any account you may have; and (v) bar you from any future use of the ImageEvent Service; all without any prior notice or liability to you or any other person.
ImageEvent and its service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may use or allow others to use in connection with the ImageEvent Service (including Materials posted or submitted to the ImageEvent Service) before ImageEvent and its service providers take any remedial action that they consider, in their sole discretion, to be appropriate.
If this Agreement is [terminated by you] or by ImageEvent for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the ImageEvent Service, including payment of any charges accrued in connection with use of the ImageEvent Service; (b) ImageEvent may immediately remove from the ImageEvent Service and permanently delete and destroy any Materials that you or others may have posted or submitted to the ImageEvent Service without any prior notice or liability to you or any other person; and (c) any fees and charges previously paid by you for unused services will not be refunded.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
ImageEvent strives to make your use of the ImageEvent Service a useful and enjoyable experience. Nevertheless, ImageEvent and its service providers do not accept any liability for your use of the ImageEvent Service. For that reason, the following provisions apply to your use of the ImageEvent Service:
YOUR USE OF THE ImageEvent SERVICE, INCLUDING ANY MATERIALS, DATA OR INFORMATION POSTED, SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE ImageEvent SERVICE, IS AT YOUR OWN RISK. THE ImageEvent SERVICE IS NEITHER DESIGNED NOR INTENDED TO BE USED AS A DISASTER RECOVERY FACILITY OR AS AN EMERGENCY DATA STORAGE FACILITY. ALTHOUGH ImageEvent TAKES REASONABLE PRECAUTIONS TO PRESERVE AND PROTECT THE MATERIAL YOU MAY UPLOAD TO THE ImageEvent SERVICE, YOU SHOULD NOT RELY ON THE ImageEvent SERVICE AS YOUR ONLY SOURCE FOR THE MATERIAL YOU PROVIDE. YOU SHOULD KEEP YOUR OWN BACKUP COPIES OF ALL MATERIALS YOU MAY USE, OR ALLOW OTHERS TO USE, IN CONNECTION WITH THE ImageEvent SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE ImageEvent SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE ImageEvent SERVICE, INCLUDING ALL COMPUTERS, TELEPHONE AND INTERNET SERVICE AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT, AND SOFTWARE.
YOU ARE SOLELY RESPONSIBLE FOR, AND BEAR ALL RISKS AND LIABILITIES ASSOCIATED WITH, ALL MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE ImageEvent SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE ImageEvent SERVICE. YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY OTHER PERSON ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO USE BY YOU, OR ANYONE ACCESSING THE ImageEvent SERVICE WITH YOUR USER ID OR PASSWORD, OF THE ImageEvent SERVICE, YOUR BREACH OF THIS AGREEMENT, YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHER PERSONS, OR YOUR VIOLATION OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. YOU ARE SOLELY RESPONSIBLE FOR THE MANNER IN WHICH THE MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE ImageEvent SERVICE, INCLUDING MATERIALS POSTED TO THE WEB SITE, ARE USED BY MEMBERS AND OTHER ImageEvent SERVICE USERS. ImageEvent AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS.
THE OPERATION OF THE ImageEvent SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND ImageEvent'S CONTROL. THE OPERATION OF THE ImageEvent SERVICE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE ImageEvent SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE ImageEvent SERVICE.
ImageEvent AND ITS SERVICE PROVIDERS ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF ImageEvent MEMBERS OR OTHER USERS OF THE ImageEvent SERVICE. ImageEvent AND ITS SERVICE PROVIDERS DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE ImageEvent SERVICE AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE WEB SITE AND RELATED SERVICES.
ImageEvent AND ITS SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THE WEB SITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICE YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES , OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.
THE ImageEvent SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY ImageEvent AND ITS SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THROUGH YOUR USE OF THE ImageEvent SERVICE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. ImageEvent AND , UNLESS THEY EXPRESSLY AGREE OTHERWISE, ITS SERVICE PROVIDERS ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ImageEvent AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive the termination of this Agreement.
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