PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE
YOU VISIT IMAGEQUIX.COM AND BEFORE YOU VIEW OR PURCHASE IMAGES.
ImageQuix provides its site visitors with a number of benefits,
for their individual usage, subject to compliance with the terms
and conditions set forth herein.
1. Agreement
In consideration of ImageQuix.com providing you with the site services,
you agree to comply with these Terms and Conditions for the site
services. If you do not agree to these Terms and Conditions , we
do not consent to provide you with access to the site services.
Subject to the terms and conditions of this Agreement,
ImageQuix agrees to publish Photographer’s images in a low-resolution
thumbnail format on the ImageQuix website. ImageQuix will offer
Customers on-line services, including, but not limited to, reprint
orders, at prices that are set by Photographer and communicated
to ImageQuix. Purchaser acknowledges that on-line services may be
amended from time to time without notice.
Photographer shall submit orders to the lab of their
choice for print processing and fulfillment. ImageQuix shall not,
in any way, be liable for the quality and delivery of the ordered
prints. Photographer agrees that in the event of any type of dispute
with the chosen lab, it shall be the Photographer’s sole responsibility
for resolving said dispute and that ImageQuix shall not be responsible,
in any way, for the lab’s actions or failure to properly fulfill
any orders.
All notifications and submissions pertaining to
this Agreement can be made by using the ImageQuix software or in
accordance with the provisions of Paragraph 11.
2. Changes to the Terms and Conditions
We reserve the right at any time to:
* Change the Terms and Conditions;
* Change the site services, including eliminating or discontinuing
any content or feature of the site services; or
* Impose fees, charges or other conditions for use of the site services
(with reasonable notice).
It is your sole responsibility to maintain current
knowledge of the Terms and Conditions.
If any of the terms contained in the Terms and Conditions become
unacceptable to you in the future, you may cancel your membership
by notifying our Customer Service by email at: support@ImageQuix.
If you are a client of an ImageQuix photographer, please ask your
photographer to contact us directly to deactivate your event or
should you have any changes for your event.
3. Registration and Privacy
If you are a photographer, photo lab, or other partner, you need
to register with ImageQuix.com by supplying us with true, accurate,
current and complete information about yourself, as required on
the registration page. If the information you provide is untrue,
inaccurate, incomplete or outdated, or we have reasonable grounds
to suspect it is, we reserve the right to suspend or terminate your
privileges, and to prohibit your current or future use of the site
services. Our policy with respect to the collection and use of your
personal information is set forth in our Privacy Policy.
As a visitor to our site, and by providing your e-mail address,
you give ImageQuix.com permission to contact you, via email, with
information on how to access this event to view and order photographs,
and on specials and future promotions from ImageQuix.com and its
partners. Additionally, by providing your e-mail address, you certify
that you are 18 years of age or older.
4. Proprietary Rights
The site services and the content available through the
site services are the property of ImageQuix.com and its customers
to include the images of our photographers. You may access and use
the content, but you are not permitted to print any images or content
from the site. You acknowledge that you do not acquire any ownership
rights by using the site services.
ImageQuix.com, ImageQuix, the ImageQuix.com Logo, and other marks
are trademarks and/or service marks of ImageQuix.com. All other
trademarks, service marks, and logos used on our web sites are the
trademarks, service marks, or logos of their respective owners.
5. User Conduct
You may not print, republish, upload, post, transmit or
distribute content available through the site to online bulletin
boards, message boards, newsgroups, chat rooms, or in other any
manner, without our prior written permission. Except for normal
use by registered photographers who are paying to use the site,
modification of the content or use of the content for any purpose,
other than your own personal, noncommercial use is a violation of
our copyright and other proprietary rights, and can subject you
to legal liability.
You may not post or obtain any content using the web site which:
is threatening, obscene, pornographic or profane, or any other material
that could give rise to any civil or criminal liability under applicable
law. While ImageQuix.com does not and cannot review all content
provided to it, and is not responsible for such content, ImageQuix.com
reserves the right to delete, edit or rearrange content that it,
in its sole discretion, deems abusive, defamatory, obscene or in
violation of copyright or trademark laws or otherwise unacceptable.
You acknowledge that any content may be removed, published, copied,
modified, transmitted and displayed by ImageQuix.com for the purposes
of delivering the offered services. ImageQuix will not be liable
for any content provided to it, including the photographs and any
content added by account holders.
In addition, in connection with your use of the site services, you
agree not to:
* Restrict or inhibit any other visitor from using the site services,
including, without limitation, by means of hacking or defacing any
portion of any of our web sites;
* Use the site services for any unlawful purpose;
* Express or imply that any statements you make are endorsed by
us, without our prior written consent;
* Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the Site services or any
of our web sites;
* Frame or mirror any content available through the site services
or any of our web sites without our prior written authorization;
* Use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to download, retrieve, index,
data mine, or in any way reproduce or circumvent the navigational
structure or presentation of the content available through the site
services or any of our web sites; or
* Harvest or collect information about users of the site services
without their express consent.
You further agree that at no time will you, directly
or indirectly, engage in, assist, abet, encourage, facilitate or
approve the following:
* Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
* Download any file posted by any photographer that you know, or
reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
* Falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the
site services.
* Illegally harvest or otherwise collect information about others,
except for use with ImageQuix Photographer Marketing Tools.
* Violate any code of conduct or other guidelines or applicable
laws or regulations.
* Create a false identity for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory of users of the Services
or other user or usage information or any portion thereof.
You also agree to comply with all applicable laws,
rules and regulations in connection with your use of the Site services
and the content made available therein.
6. Photographs and Products
All of the photographs featured on our web site were created by
photographers who have provided them to ImageQuix.com for worldwide
sale and distribution. The copyrights in the photographs are owned
by the photographers thereof who have licensed to ImageQuix.com
the right to post them on the site and provide the services offered.
You can purchase the photographs featured on our site from ImageQuix.com
in the form of photographic prints, or other photographic. As such,
all products are non-returnable and payment for all products is
required to be made in full in advance. All items purchased through
ImageQuix.com are shipped to you by your photographer or their color
lab. You may not reproduce, scan, display, transmit, distribute
or otherwise exploit the products, or any portion thereof, in any
manner, including, without limitation, print or electronic reproduction,
publication or any display of photographs, without the prior written
consent of your photographer. You agree not to otherwise modify,
alter or otherwise manipulate any product, including without limitation,
adding other material to a product, without ImageQuix.com's prior
written consent. While ImageQuix.com uses reasonable efforts to
ensure compliance with applicable laws relating to rights of privacy
or publicity, including the use of subject releases when necessary
and requiring the photographers to screen the photographs posted
on the web site, it makes no representations or warranties as to
the accuracy, correctness or reliability of the photographs, nor
can ImageQuix.com ensure that all persons depicted in the photographs
have consented to the display of their image on this web site. If
your photograph appears on this web site without your consent and
you wish to have it removed, please e-mail our customer service
at support@imagequix.com
with your reason why you would like it removed.
7. Compensation
Compensation per order will be paid based on one of two types of
ImageQuix services offerings that were used when marketing each
individual online event. In both cases, customers shall pay ImageQuix
in advance, by credit card, for all online orders and a $0.35 per
transaction fee will be assessed to each order. In addition, for
the ImageQuix Full Control offering, ImageQuix
shall retain 3.9% of the gross order for payment processing; or
for the ImageQuix Full Service offering,
ImageQuix shall retain 15%, 11.1% of the gross order payment (excluding
shipping fees and taxes) as an e-commerce transaction fee, plus
3.9% of the gross order (including shipping fees and taxes) for
payment processing. The balance of each order, minus any chargebacks
that may be due to ImageQuix for prior orders, shall be forwarded
to Photographer upon Photographer’s notification to ImageQuix
that the order has been shipped to the Customer.
Any chargebacks requested by the Photographer's
customer will be the sole responsibility of the Photographer. Upon
chargeback request, ImageQuix will automatically deduct the full
chargeback amount plus a $30.00 chargeback fee from the photographer's
ImageQuix account. If these funds are not available, the photographer
will be invoiced for any balance due regarding this transaction.
ImageQuix does not process chargeback reversals.
Photographer shall pay all sales taxes on each
order, and ImageQuix will not pay any such taxes on Photographer’s
behalf. Photographer shall timely notify ImageQuix of each and every
jurisdiction in which taxes are due. ImageQuix shall not, in any
way, be liable for any discrepancies between taxes collected on
orders and taxes owed by Photographer. In the event that Photographer’s
customer requests a refund for any reason, the e-commerce transaction
fee, and the payment processing fee will not be refunded to Photographer.
8. License and Ownership of Work Product
ImageQuix shall not gain any ownership interest in Photographer’s
images.
9. Independent Contractor Relationship
Photographer’s relationship with ImageQuix is that of an independent
contractor, and nothing in this Agreement is intended to, or should
be construed to, create a partnership, agency, joint venture or
employment relationship. Photographer shall be deemed the seller
of any products or services available to Customer through the ImageQuix
website, including reprints. Photographer is not entitled to any
benefits which ImageQuix may make available to its employees, including,
but not limited to, group health or life insurance, profit-sharing
or retirement benefits. Photographer is not authorized to make any
representation, contract or commitment on behalf of ImageQuix unless
specifically requested or authorized in writing by an authorized
ImageQuix officer. Photographer is solely responsible for timely
filing all tax returns and making any required payments to any Federal,
State or local tax authority for performance of services and receipt
of fees under this Agreement. Photographer shall be solely liable
for any failure to pay all applicable taxes. ImageQuix shall not
withhold any part of Photographer’s compensation for the payment
of any Social Security, Federal, State or any other employee payroll
taxes. Photographer is solely responsible for maintaining adequate
records of expenses incurred while performing services under this
Agreement.
10 . Disclaimer of Warranties
THE SITE SERVICES, AND ANY CONTENT, PRODUCT OR SERVICE
OBTAINED OR ACCESSED THROUGH THE SITE SERVICES, IS PROVIDED AS IS
AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, COLLAGES.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR
COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SITE SERVICES.
IMAGEQUIX.COM AND ITS AFFILIATES TO INCLUDE PROFESSIONAL PHOTOGRAPHERS,
SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE
SITE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE SERVICES OR THE SERVER(S)
ON WHICH THE SITE SERVICES IS HOSTED ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR
OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER
EQUIPMENT NEEDED TO ACCESS AND USE SITE SERVICES, INCLUDING THE
INTEGRITY OF YOUR SOFTWARE AND THE ABSENCE OF VIRUSES OR OTHER MALWARE
AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE SERVICES AND YOUR RELIANCE THEREON.
NO OPINION, ADVICE, OR STATEMENT OF IMAGEQUIX.COM OR ITS AFFILIATES,
SUPPLIERS, AGENTS, SITE VISITORS, OR VISITORS, WHETHER MADE ON THE
SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE,
THE CONTENT CONTAINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH
THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that content available through the Site services
could include inaccuracies or errors, or materials that violate
the Terms and Conditions. Additionally, a possibility exists that
unauthorized alterations could be made to the content available
through the Site services by third parties. Although we attempt
to ensure the integrity of our web sites and other products and
services, we make no guarantees as to the completeness or correctness
of any content available through the Site services. In the event
that such a situation arises, please contact us at support@ImageQuix.com
with, if possible, a description of the material to be checked and
the location (URL) where such material can be found on our web sites,
if applicable, as well as information sufficient to enable us to
contact you. We will try to address your concerns as soon as reasonably
practicable. For copyright infringement claims, see the section
on Copyright Infringement below.
11. Limitation of Liability
NEITHER IMAGEQUIX.COM NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS,
AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR
ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH IMAGEQUIX.COM .
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE SERVICES IS TO
STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE)
SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS
TO THE SITE SERVICES.
12. Notices
Any notices or demands shall be in writing and shall be made by
registered or certified mail, addressed to the respective parties,
as follows:
If to ImageQuix:
ImageQuix, Inc.
2123 Old Spartanburg Rd. #200
Greer, South Carolina 29650
If to Photographer:
To the active address as stated on
the Photographer’s ImageQuix account.
12. Indemnification
You agree to indemnify, defend and hold us, our officers, directors,
employees, agents and representatives harmless from and against
any and all claims, damages, losses, costs (including reasonable
attorneys' fees), or other expenses that arise directly or indirectly
out of or from (a) your violation of the Terms and Conditions; (b)
your use of the Site services; or (c) your violation of the rights
of any third party.
13. Termination
You understand and agree that ImageQuix.com may, under
certain circumstances and without prior notice to you, terminate
your access to and use of the site services. Cause for such termination
shall include, but not be limited to, (i) breaches or violations
of the Terms and Services or other agreements or guidelines, (ii)
requests by law enforcement or other government or regulatory authorities,
or (iii) technical difficulties.
14. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the DMCA)
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright
law. If you believe in good faith that materials hosted by ImageQuix.com
or one of its subsidiaries infringe your copyright, you (or your
agent) may send us a notice requesting that the material be removed,
or access to it blocked. If you believe in good faith that a notice
of copyright infringement has been wrongly filed against you, the
DMCA permits you to send us a counter-notice. Notices and counter-notices
must meet the then-current statutory requirements imposed by the
DMCA; see www.loc.gov/copyright/ for details. Notices and counter-notices
with respect to our web sites should be sent to email: support@ImageQuix.com.
We suggest that you consult your legal advisor before filing a notice
or counter-notice. Also, be aware that there can be penalties for
false claims under the DMCA. Nothing contained herein shall be construed
as legal advice and it is not intended as legal advice.
15. Miscellaneous
The Terms and Conditions referred to herein, constitutes
the entire agreement between you and ImageQuix.com relating to your
use of the site services and supersedes any and all prior or contemporaneous
written or oral agreements on that subject between us. The Terms
and Conditions and the relationship between you and ImageQuix.com
are governed by and construed in accordance with the laws of the
South Carolina, without regard to its principles of conflict of
laws. If any provision of the Terms and Conditions is found to be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from the Terms and Conditions and shall
not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or
default. Any heading, caption or section title contained in the
Terms and Conditions is inserted only as a matter of convenience
and in no way defines, modifies, limits, expands or explains any
section or provision hereof. We reserve the right to require you
to sign a non-electronic version of the Terms and Conditions.
|
