Image Revolver Terms of Use

THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CHECKING THE CORRECT BOX AT THE END OF THESE TERMS AND CONDITIONS OF USE (THIS “AGREEMENT”), YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. This Agreement governs your use of the Image Revolver website (“Site”), including, without limitation, the uploading and downloading of photographs, illustrations, images or other pictorial or graphic Contents (“Content”) onto or from the Site, access to web logs and forums, and any and all services offered by Image Revolver on or through the Site.

General

This Web site is owned and operated by Image Revolver. Access and use of this Web site is provided by Image Revolver to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site. Image Revolver shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon member notification and publication of such changes on the Site. Your continued use of the Site after the such changes and notice constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Site. If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by Image Revolver, do not use the Site. You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Description of Site

The Site provides, among other things, an online marketplace for uploading and downloading Content. The Site is divided generally into two primary sections: a public section and a private section. The public section offers to all visitors, among other things, general information about the Site, the ability to view Content on the Site, a search engine to search for Content on the Site, the ability to view and post comments on Image Revolver’s forums, and a process by which visitors can register to become Members. The private section is only accessible by Members. The private section offers to Members (in addition to all services available in the public section) the ability to upload and download Content onto and from the Site in accordance with an applicable Artist Submission Agreement or Content Download Agreement, the ability to post related information and the ability to access and edit their accounts on the Site (“Member Accounts”).

Use of Content

You may only upload or download Content to or from the Site in accordance with the terms and conditions of this Agreement and of an applicable Artist Submission Agreement or Content License Agreement. You may not use, reproduce, distribute, display or create derivative Content based on any Content that appears on the Site unless you enter into a Content Download Agreement, and you may do so only to the extent expressly permitted under the terms and conditions of an applicable Content Download Agreement. You acknowledge and agree that no ownership of any Content can be transferred, and that no sale of any Content can be effectuated, on or through the Site. Only the rights expressly sublicensed in an applicable Content Download Agreement are granted on or through the Site. You acknowledge and agree that Image Revolver or its licensors retain all ownership rights in and to the Content, and that such Content is covered and protected by copyright, trademark and other intellectual property rights of Image Revolver or its licensors. The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

Currency of Web site

Image Revolver updates the information on this Web site regularly. However, Image Revolver cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Image Revolver may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Image Revolver monitors or endorses these Web sites. Image Revolver does not accept any responsibility for such Web sites. Image Revolver shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources. Internet software or computer viruses Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. Image Revolver shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Image Revolver recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided "As Is"

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IMAGE REVOLVER DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL IMAGE REVOLVER OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnification You agree to indemnify and hold Image Revolver harmless against all claims or liability asserted against Image Revolver arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use. Applicable law The Site is controlled, operated and administered by Image Revolver from within the United States of America. The Site can be accessed from all territories of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Unites states, you acknowledge and agree that this Agreement will be governed under the laws of the United States. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the United States with respect to the subject matter of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site, or such other address as you may advise us in writing to use, from time to time. If Image Revolver is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Image Revolver for its legal fees, costs and disbursements if Image Revolver is successful. General Image Revolver’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.