Instant Image Gallery, a division of Karow Associates, Inc.
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF
OUR WEB SITE AND OUR SERVICES.
WELCOME to the Instant Image Gallery ("IIG") Web site available at and under the domain name www.InstantImageGallery.com
and other such other or successor domain names as IIG may make available operate, acquire or use from time to time (this "Site").
By complying with this User Terms of Service Agreement (this "Agreement"), we hope your online experience with us will be safe and rewarding.
This Agreement sets forth the terms and conditions governing your use of this Site and your access to
and use of the information, content and services offered on this Site (which, collectively with this Site, constitute the "Services").
By accessing or using this Site or any of the Services, you accept and agree to be legally bound by this Agreement,
as it may be amended or supplemented from time to time (as further described below),
and agree to all operating rules and/or policies of IIG and the Services that may be published by IIG on this Site.
All such rules and policies, including, without limitation,
Copyright Notice & Procedure and
are hereby incorporated into this Agreement by this reference.
This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer.
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.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.
The Services are available only to individuals and legal entities that can form legally binding contracts under applicable law.
By using any of the Services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract.
You and IIG are independent contractors, and no agency, partnership, joint venture, or employee-employer/franchiser-franchisee relationship
is intended or created by this Agreement.
Login ID and Account Password(s).
If applicable, you will be able to access certain portions of this Site only as a registered user of the Services.
As a registered user of the Services, you will receive or establish one password and account.
Maintaining the confidentiality and security of your password and account is solely your responsibility.
You are entirely responsible for all activities that occur on or through your account(s).
You agree that IIG will not be responsible for any losses incurred in connection with any misuse of passwords.
Notify IIG immediately if your password has been stolen or its security has been otherwise compromised.
Accurate Information; Privacy.
You agree to provide IIG current, complete, true and accurate information
as required to complete the registration form ("Registration Data")
and to maintain and update this information as required to keep it current, complete, and accurate.
You agree not to use a false or misleading name or a name that you are not authorized to use.
If IIG suspects that such information is untrue, inaccurate, not current or incomplete,
IIG may suspend or terminate your account, refuse you access to this Site or the Services, and pursue any appropriate legal remedies.
You agree that you are only authorized to visit, view and to retain
a single copy of pages of this Site solely for your own individual use,
and that you shall not duplicate, download, publish, modify or otherwise distribute
any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized by IIG.
You shall not "deep-link" to this Site, meaning that you will not create, post, display, publish or distribute
any link to any page other than the front (home) page of this Site for any purpose,
unless specifically authorized by IIG to do so.
Framing and In-lining.
You shall not frame or in-line (framing without a border around the framed content) this Site,
meaning that you will not display the contents of this Site on another web page without IIG's express permission
You shall not violate or attempt to violate the security of the Services.
Accordingly, you shall not:
(i) access data or materials not intended for you;
(ii) log into a server or account which you are not authorized to access; or
(iii) attempt to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization.
Violations of system or network security may result in civil or criminal liability.
You agree that it is your responsibility to install anti-virus software
and related protections against viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines
or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality
or operation which may be transferred to your computer via the Services.
This Site is owned and operated by Instant Image Gallery ("IIG"), a division of Karow Associates, Inc.
The Site, including, without limitation,
all images, audio, video and related informational materials in any medium,
including related text, captions, or information (collectively referred to as “Content”),
and software related to the Site and the Services
is the property of IIG (a division of Karow Associates, Inc.) or its content suppliers or licensors
and is protected by United States and international copyright laws.
The compilation of all content on this Site is the exclusive property of IIG and protected by United States and international copyright laws.
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 IIG or our licensors.
The IIG logo, and all other trademarks, service marks, and trade names of IIG appearing on this Site are owned by IIG ("Trademarks").
You may not use the Trademarks without the prior written consent of IIG
and Trademarks may not be used in a manner that is likely to cause confusion, or in any manner that disparages or discredits IIG.
All other trademarks, product or service names, brand names, company names and/or logos that may appear on this Site
are the property of their respective owners.
FOR THE PROTECTION OF IIG 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 IIG
AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING
THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”.
If you do not consent to Corbis’ 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.
Unacceptable Use of the Site.
You shall not restrict or inhibit any other user from using and enjoying the Services.
You shall not use the Services to:
(i) engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability;
(ii) distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind;
(iii) spoof or otherwise impersonate any individual or entity,n
or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
(iv) violate or attempt to violate, the security of the Services; or
(v) assist or permit any persons in engaging in any of the activities described above.
We reserve the right to investigate and to involve and cooperate with law enforcement authorities,
and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Services.
We use the e-mail address and other information you submit to us through the "Contact Us" page
and other pages we may add from time to time,
to respond to your inquiries or requests for information regarding our products and services.
Messages transmitted via email may not be secure and may be intercepted by third parties.
Please consider this before emailing any confidential information.
Our use of any information you submit to us in order to use the Services is subject to the terms and conditions of our
Nonetheless, IIG reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request or avoid liability.
Any information you post or provide to us as part of any registration or application or to gain access to or use any of Services,
whether publicly posted or privately transmitted, is your sole responsibility.
IIG will not pre-screen or review the content of such information,
but reserves the right to refuse or delete any content that does not fulfill the purpose of this Agreement,
violates this Agreement or is otherwise illegal.
IIG shall have no liability whatsoever for the results of your submissions to this Site or by means of the Services.
YOUR ACCESS AND USE THE SERVICES AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,
TITLE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.
IIG DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER
OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
IN ADDITION, IIG DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE,
ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION,
AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IIG SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF IIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART,
HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON,
THEN THE AGGREGATE LIABILITY OF IIG FOR ANY REASON AND UPON ANY CAUSE OF ACTION
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT)
ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT
SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED DOLLARS ($100).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless IIG from and against any claim, demand, cause of action, debt, loss or liability,
including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to:
(i) your activities on the Site or your use of (or inability to use) the Services;
(ii) your violation of the terms and conditions of this Agreement;
(iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or
(iv) any other activities of yours accomplished using the Services.
This indemnity shall be in addition to and not limited by any other indemnity.
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland,
without regard for principles of conflict of laws.
Subject to the dispute resolution terms above,
any legal action or proceeding between IIG and you related to this Agreement
shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Baltimore, Maryland.
Except with respect to violations of IIG's intellectual property or proprietary rights,
and except with respect to suits brought against IIG by third parties,
you acknowledge and agree that any dispute involving IIG
shall be settled by arbitration in the State of Maryland
in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Judgment on the arbitration award may be entered into any court having jurisdiction thereof.
You agree that IIG may seek interim or preliminary relief from a court of competent jurisdiction
necessary to protect the rights or property of IIG pending the completion of arbitration.
No delay or failure to take action under such terms and conditions will constitute a waiver by IIG.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid,
the court shall endeavor to give effect to the parties' intentions as reflected in the provision,
and that the other provisions of this Agreement remain in full force and effect.
The section headings used in this Agreement are for convenience only and have no legal effect.
Any cause of action brought against IIG arising out of this Agreement or the Services
must commence within one (1) year after the cause of action arose.
IIG Reserves the Right to Revise this Agreement.
IIG reserves the right, at any time and from time to time,
to update, revise, supplement and to otherwise modify this Agreement
and to impose new or additional rules, policies, terms or conditions on your use of the Services.
Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions
(collectively referred to in this Agreement as "Additional Terms")
shall be effective immediately and incorporated into this Agreement upon notice thereof,
which may be given by any reasonable means including by posting to this Site.
Your continued use of the Services following such notice
shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
IIG May Revise or Terminate Any Part of the Services at Any Time.
IIG reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently,
any or all of the Services, with or without notice and at its sole discretion.
You agree that neither IIG, its partners or affiliates shall be liable to you for any modification, suspension or discontinuance of any Services.
IIG may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
If you no longer agree to the terms and conditions of this Agreement,
please notify IIG by sending an email stating your desire to withdraw from this Agreement
to IIG at iigTermsNotice (at) karow.com.
This Agreement will continue to apply to all past use of the Services by you, even if you are no longer using them.
IIG may deliver notice to you under this Agreement by means of electronic mail,
a general notice on the Site,
or by written communication delivered by first class U.S. Mail to your address you provide to IIG at registration.
You may give notice to IIG (except for claims of intellectual property infringement for which you may give notice at
Copyright Notice and Procedure) anytime via electronic mail to IIG iigNotice (at) karow.com.