TERMS AND CONDITIONS
IMAGE CATALOG MEDIA INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND FROM TIME TO TIME, TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME WITHOUT YOUR AGREEMENT. IT IS YOUR RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR CHANGES. IMAGE CATALOG MAY SEND AN EMAIL TO YOU SUMMARIZING THE CHANGES, BUT IS NOT OBLIGATED TO DO SO. IF YOU DO NOT AGREE WITH ANY CHANGES, YOU MAY TERMINATE THIS AGREEMENT BY WRITING TO IMAGE CATALOG AT THE EMAIL ADDRESS SET OUT BELOW AND IF YOU ARE A CONTENT CONTRIBUTOR, BY ALSO REMOVING YOUR CONTENT, WITHIN 30 DAYS OF THE DATE OF THE POSTING OF CHANGES TO THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOR 30 DAYS OR MORE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.
 Site Usage Agreement
Ownership of Service
Content Suitability
Content Contributor's Rights
License to View and Use the Site
Registering For An Image Catalog Account
Unauthorized Use of Your Password
Your Representations and Warranties
If You Are A Content Contributor
Content Contributor Obligations
End User Content License Agreement
Referral Program Terms
Use of Watermarked Content
Free Content Section
User Conduct
Privacy
Security
Intellectual Property
Dealing with Third Parties
Indemnification
Applicable Law
Disclaimer, Limitation of Liability and Statute of Limitations
Submission of Comments, Ideas and Other Information
Notification of Copyright Infringement/Notices to Image Catalog
Force Majeure
Language
Miscellaneous
Site Usage Agreement
As used in this Agreement, "You" or "Your" means that You are (1) an individual acting on Your own behalf, or that You are (2) an agent of a person or entity that has authorized You to act on that person’s or entity’s behalf.
By using the Service, You agree to abide by the terms of this Agreement.
Image Catalog Media Inc. (“Image Catalog” or "We") provides this Service to You as a service ("Service) on behalf of various content contributors ("Content Contributors). The Service provides products available for download and purchase as well as general information (collectively "Content"). Your activities and acquisitions at the Site are governed by these Terms and Conditions , and the licenses, notices, and consents that are provided in connection with Your use of the Service (collectively "Agreement").
If you become a Content Contributor, this Agreement also contains specific provisions relating specifically to You and the Content that you upload to the Service.
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Ownership of Service
This Service is owned and operated by Image Catalog. The Service and all Content are protected by Canadian, US and international copyright laws.
All content and related informational materials in any medium provided through the Service, including related text, captions, or information (collectively referred to as Content) is owned by the respective Content Contributors. All licenses that are purchased through this Service for the use of content are granted by the owner of the Content that You are licensing.
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Content Suitability
The Content, including, without limitation, reviews, opinions guides, graphics, photographs, logos, audio or video clips, and data has not been reviewed by Image Catalog in anyway including without limitation, for accuracy, ownership or legality. The Content is not endorsed by Image Catalog in anyway. You agree that the Content Contributor of the respective product that You license is solely responsible for the Content and Your right to use it.
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Content Contributor's Rights
All property rights in the Content provided by or on behalf of Content Contributor including without limitation copyrights, are and shall continue to be the exclusive property of Content Contributor. Content Contributor acknowledges and agrees that Image Catalog may provide Content without charge if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process (b) enforce this Agreement (c) respond to claims that any Content violates the rights of third-parties, or (d) protect the rights and property of Image Catalog and the public.
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License to View and Use the Site
Image Catalog hereby grants You the right to view the Site on-line only, solely for the purpose of acquiring information and shopping in accordance with the Agreement. Image Catalog retains all right, title, and interest in and to the Site unless otherwise provided for in this Agreement. Except as expressly provided in this Agreement, neither Image Catalog nor any third party has conferred upon You by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right to use all or any part of this Service or the Content contained in it.
You may download and print copies of this Agreement and screens from this Site pertaining to any order placed by You for the purpose of retaining records of Your transactions at the Site. Except as provided for in a license purchased by You to use Content, You may not download, print or electronically reproduce any Content or part of this Site in whole or in part. Image Catalog reserves the right to suspend or deny Your access to all or any portion of the Site without notice, in is sole discretion.
You agree not to modify, rent, lease, loan, sell, distribute or create derivative works or businesses based on the Site or Service, in whole or in part. The license to view and use granted in this paragraph does not include permission to copy the design elements, "look and feel" or the layout of the Site.
You agree not to access the Service by any means other than through the interface that is provided by Image Catalog for use in accessing the Service. You agree not to access the Service for the purpose of content mining or extracting content from the Service except for Your personal end use. You may not use the Service or Content for any purpose not expressly provided for in this Agreement or any license granted to you.
The Service and any Content may include historically and culturally important Content and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location, and that Your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. In all cases, viewer discretion is advised.
You are solely responsible for determining whether Your use of any Content requires the consent of any third party or the license of any additional rights, and You cannot rely solely on the information provided by Image Catalog or its Content Contributors. If You are unsure whether additional third-party rights are needed for Your use, You are responsible for obtaining the required legal advice.
You acknowledge that Image Catalog does not pre-screen Content. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Image Catalog may immediately revoke all licenses granted to You without notice if You fail to comply with any provision of this Agreement or the license that you received to use Content. If a license is revoked, You agree to immediately stop using this Service and the Content, delete all Content and all copies from all media and destroy all other copies. Your use of this Service and any Content shall comply with all applicable laws. Image Catalog may restrict or remove Your access to this Service at any time.
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Registering For An Image Catalog Account
To obtain rights to purchase, use and upload Content, You must to apply for an (Image Catalog account). Image Catalog has the sole discretion over whether to grant You an account. You agree to access the authorized sections of the Service and Your account only by using the member name and password created by You during the registration process.
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Unauthorized Use of Your Password
All instructions transmitted by or received from anyone presenting Your password on the Service are binding upon You without exception. You agree that You are solely responsible for all transactions or acts that are validated through use of Your password, whether or not made with Your knowledge or authority. You agree to guard Your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Service for which You will be legally responsible. If You ever suspect that someone may have obtained access to Your password that is not intended to have authority to act on Your behalf, please contact Image Catalog immediately. You authorize Image Catalog to refuse to accept any further orders placed under that password on Your behalf.
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Your Representations and Warranties
You represent and warrant that:
(a) You are at least 18 years of age;
(b) You possess the legal right and ability to enter into this Agreement and make the credit card charge on Your own behalf or on behalf of any person for whom You are acting as agent and/or that You are authorized to use the password required for this Service;
(c) All information that You submit to us is true, accurate, and current (d) You will keep Your registration information current;
(d) You agree to be bound by this Agreement.
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If You Are A Content Contributor
Content Contributor authorizes Image Catalog, on a non-exclusive basis, to act in Content Contributor's name and on Content Contributor's behalf worldwide to license Content to third purchasers and to collect licensing fees from them, all in accordance with Image Catalog's then current (licensing terms) and (fee structure). Without limiting the generality of the foregoing, Content Contributor acknowledges and agrees that purchasers of licenses to use Content may be authorized to alter, modify, or create derivative works from the Content pursuant to Image Catalog's licensing terms. Content Contributor agrees that Image Catalog may, in its sole discretion, alter the licensing terms upon which Content is sold.
Content Contributor irrevocably authorizes and directs Image Catalog to deduct its fees from such licensing fees and to remit the balance to Content Contributor as directed in Content Contributor's user profile.
Content Contributor and Image Catalog agree that Image Catalog is an independent contractor to Content Contributor and the parties agree that this agreement does not create a partnership, joint venture, trust, or other such relationship between Image Catalog and Content Contributor.
Content Contributor warrants and represents to Image Catalog that (1) Content Contributor is the original author of all Content he or she submits to Image Catalog, and (2) that the Content was created solely by Content Contributor and does not include the protected works of any third party anywhere in the world, and (3) that the Content and all intellectual property rights of whatever nature in the Content are the sole property of the Content Contributor, subject to the rights of Image Catalog to license the Content on behalf of Content Contributor.
Content Contributor hereby waives any moral rights that he or she may have in the Content.
Upon request, Content Contributor agrees to keep originally signed copies of all agreements that are uploaded to the Service, including without limitation copies of all model releases. Content Contributor agrees to provide to Image Catalog the originals of such signed copies for verification.
Content Contributor agrees that Image Catalog has the right, but not the obligation, in its sole discretion, to refuse, suspend access to or remove any Content from the Service. Without limiting the foregoing, Image Catalog and its designees have the right to remove any Content that violates this Agreement or is otherwise objectionable or is alleged to violate the rights of third parties. Content Contributor acknowledges that Image Catalog, by allowing Content to be uploaded to the Service, does not warrant or confirm in anyway the acceptability or legality of any Content.
Content Contributor agrees, at the reasonable request of Image Catalog, to execute such other documentation that Image Catalog may require to give effect to the intention of this Agreement and to assure to Image Catalog of its right to license the Content.
Image Catalog shall retain Content for a period of thirty (30) days after expiration or termination of Content Contributor's right to use this Service, unless such Content has previously been removed by Content Contributor. During such time, Image Catalog may in its discretion, suspend access to the Content. After thirty (30 days), Image Catalog may delete and destroy Content Contributor's Content without notice or further liability to the Content Contributor.
You acknowledge and agree that Image Catalog may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Image Catalog, its users and the public.
Content Contributor agrees to indemnify and hold harmless Image Catalog from any claim, liability, damage or expense of whatever kind as a result of Content Contributor breaching this Agreement or as a result of Content Contributor's Content actually or allegedly infringing the intellectual property, privacy, or other rights of third parties, including but not limited to reasonable legal expenses. Content Contributor agrees to defend or settle, at Content Contributor’s expense, all suits or proceedings arising out of any of the foregoing; provided, however, that Image Catalog shall within a reasonable period of time give Content Contributor written notice of all suits or threats of suit and other such claims. Image Catalog, at its own expense, shall have the right to participate in Content Contributor’s defence of any such action through Image Catalog’s own counsel. In the event that Content Contributor fails, after 15 days notice, to adequately defend or settle any action which it is obligated to defend or settle under this Section, Image Catalog shall have the right of prosecuting and defending such action or actions and to collect such costs and expenses (including attorneys’ fees) from Content Contributor and shall further have the right to charge Content Contributor with any and all awards, damages and court costs in such action or actions and to collect such awards, damages and court costs from Content Contributor.
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Content Contributors Obligations
All Content Contributors are required to keep at least eighty-five (85%) percent of their portfolio online with ImageCatalog.com for a period of at least 12 months. Due to the time, effort, and resources required to review and inspect images, Image Catalog reserves this right. Content Contributors can request images to be deleted but cannot exceed 15% of their approved portfolio.
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End User Content License Agreement
View Content License Agreement
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Referral Program Terms
In order to participate in our Referral program You agree to promote the community and Image Catalog.com website.
You agree to accept the terms and conditions of this Agreement by clicking on the “I agree” button when you enroll. If you do not accept and abide by the terms and conditions of this Program, you should not participate in the Program.
Image Catalog reserves the right, in its discretion, to change, terminate or modify all or any part of the Program or this Agreement at any time, effective immediately upon notice published on the Site.
Rules of the Program:
You agree to promote and refer potential new members to the Site. For each Successful Referral, Image Catalog will pay to you a referral fee of US $5 (the “Fee”).
A “Successful Referral” is one that satisfies the following criteria:
1. the referred customer (a “New Member”) must not be a current or past member of Image Catalog and must have successfully registered for an account and agreed to the Terms and Conditions of the Site;
2. the New Member must make a bona fide purchase of Credits in the minimum package for which payment is received by Image Catalog and is not reversed or otherwise set aside as a potentially false transaction;
3. the New Member must reach the Site using a site badge link, your referral link or by entering your referral ID at registration. If the visitor came from your referral link, there is no need to enter a referral ID;
4. the New Member must have cookies enabled, or the visit cannot be tracked, If the visitor returns within 30 days, our system will track them and award the Fee to your account when the on-line purchase of Credits is made.
All Fees earned are added to your member account. You are eligible to request a payment once the balance has exceeded $75. This is the regular balance, it can include the earnings made by selling your stock photos on Image Catalog, if you're a Content Contributor.
You also agree to act as a responsible person promoting the community by various means, exclusively legal. You agree not to use the Site badges and, links in any manner that could damage, disable, overburden, or impair the Site or any other site, create spam or any other unwanted solicitation, or interfere with any other party’s use and enjoyment of the Site, their own site or other location of the badges or links.
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Use of Watermarked Content
The respective Content Contributor grants You a limited license to download watermarked content ("Watermarked Content") solely for evaluating whether You wish to purchase a license to the equivalent non-watermarked Content according to the license applicable to Your intended use. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Content Contributor grants You no other rights, and You may not copy, distribute, sublicense or make available for use or distribution any Watermarked Content. All Watermarked Content must be destroyed within 30 days of Your download unless your purchase a license to use the equivalent Non-Watermarked Image.
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Free Content Section
Any Content Contributor can donate Content for the Free Images of the Week. Image Catalog reserves the right to select only the submissions it considers appropriate for the Free Content section. Image Catalog can make the Free Content available for without charge as it sees fit.
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User Conduct
You agree to use the Service in a courteous and co-operative manner, and so as to not abuse the Service or the custom and user-etiquette in place from time to time. You agree that You will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, You also agree not to do any of the following
1. Upload, post, email or otherwise transmit or use any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Harass or defame any person or entity, including, but not limited to, a Image Catalog official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post, email or otherwise transmit or use any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email or otherwise transmit or use any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
8. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable local, state, national or international law or any regulation having the force of law.
11. “Stalk” or otherwise harass another; or
12. Engage in deceptive marketing or advertising practices;
13. Collect or store personal data about other users; .or
14. Access the Services for the purpose of data mining or extracting content from the Services beyond Your personal end use.
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Privacy
Image Catalog will at all times comply with the Privacy Policy as posted on the Service.
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Security
Image Catalog will maintain the Service at a reputable third party Internet service provider and hosting facility, where commercially reasonable security precautions are taken to prevent unauthorized access to the Service. You acknowledge that, notwithstanding such security precautions, use of, or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Service and Content Contributor's Content. ACCORDINGLY, IMAGE CATALOG CANNOT AND DOES NOT GUARANTY THE PRIVACY, SECURITY, OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET.
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Intellectual Property
The trademarks, services and logos used and displayed in this Service are registered and unregistered trademarks of Image Catalog, its subsidiaries and affiliates. Image Catalog trademarks may only be used publicly with the permission of Image Catalog.
You acknowledge and agree that the Service, the interface to it, including without limitation, Content entry screens and reports generated by the Service and all software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to use such property, including without limitation trade-marks, patents and other intellectual property of Image Catalog except as expressly authorized by this Agreement.
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Dealing with Third Parties
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Your correspondence or business dealings with third parties accessed through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third parties.
Because Image Catalog has no control over such sites and resources, You acknowledge and agree that Image Catalog is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any services, content, advertising, products, or other materials on or available from such sites or resources.
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Indemnification
You agree to indemnify, defend, and hold harmless Image Catalog against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to Your breach of this Agreement.
Additionally, Content Contributor agrees to indemnify and hold harmless Image Catalog from any claim, liability, damage or expense of whatever kind as a result of Content Contributor breaching this Agreement or as a result of Content Contributor's Content actually or allegedly infringing the intellectual property, privacy, or other rights of third parties, including but not limited to reasonable legal expenses. Content Contributor agrees to defend or settle, at Content Contributor’s expense, all suits or proceedings arising out of any of the foregoing; provided, however, that Image Catalog shall within a reasonable period of time give Content Contributor written notice of all suits or threats of suit and other such claims. Image Catalog, at its own expense, shall have the right to participate in Content Contributor’s defence of any such action through Image Catalog’s own counsel. In the event that Content Contributor fails, after 15 days notice, to adequately defend or settle any action which it is obligated to defend or settle under this Section, Image Catalog shall have the right of prosecuting and defending such action or actions and to collect such costs and expenses (including attorneys’ fees) from Content Contributor and shall further have the right to charge Content Contributor with any and all awards, damages and court costs in such action or actions and to collect such awards, damages and court costs from Content Contributor.
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Applicable Law
The Service is controlled, operated and administered by Image Catalog from within the Province of British Columbia, Canada. You acknowledge and agree that this Agreement is governed by the laws of the Province of British Columbia and the applicable federal laws of Canada without reference to conflicts of laws principles. You hereby irrevocably agree that all disputes arising out of this Agreement shall be submitted to a court of competent jurisdiction in the Province of British Columbia, Canada. The parties agree that this is a service, but without limiting the generality of the foregoing, the parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
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Disclaimer, Limitation of Liability and Statute of Limitations
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IMAGE CATALOG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, THE PARTIES AGREE THAT THIS IS A CONTRACT FOR THE PROVISION OF SERVICES AND NOT A SALE OF GOODS.
WITHOUT LIMITING THE GENRALITY OF THE FOREGOING, IMAGE CATALOG MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE PERFORMANCE OF THE INTERNET WILL BE UNINTERRUPTED OR PERFORM AT SPECIFIED RATES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMAGE CATALOG SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, YOUR CONTENT, BODILY INJURY OR PROPERTY DAMAGE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF IMAGE CATALOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMAGE CATALOG'S LIABILITY TO YOU PURSUANT TO THIS AGREEMENT, INCLUDING LEGAL FEES AND AWARDABLE COSTS, SHALL NEVER EXCEED THE AMOUNT PAID BY YOU TO IMAGE CATALOG FOR THE USE OF THE SERVICE IN THE PREVIOUS TWELVE MONTHS PRIOR TO THE DATE UPON WHICH YOUR RIGHT TO MAKE A CLAIM AROSE.
ANY CAUSE OF ACTION OR CLAIM YOU MAY BRING IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY CONTENT, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. IN ANY DISPUTE BETWEEN IMAGE CATALOG AND YOU RELATING TO THIS SERVICE, THE PREVAILING PARTY WILL BE ENTITLED TO ATTORNEYS’ FEES, COSTS AND EXPENSES.
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Any comments or information that You provide to Image Catalog, for example, feedback or ideas in response to a customer survey regarding the Service, suggestions, ideas, concepts, comments in a discussion forum, or other information ("collectively "Submissions") are the sole property of Image Catalog without further action on your part or obligation on the part of Image Catalog.
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Notification of Copyright Infringement/Notices to Image Catalog
Image Catalog relies on users of the Service to bring copyright violations to our attention. Notifications of claimed copyright infringement should be sent to our Designated Agent. If You are aware of infringing materials on the Service, please notify Image Catalog's copyright as follows:
Image Catalog Media Inc.
Attn: Legal Dept.
#28558 - 4050 Hastings Street
Burnaby, BC
V5C 6J4
To be effective, the Notification must be in writing, originally signed by the person making the complaint, and include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Service are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Image Catalog to locate the material;
4. Information reasonably sufficient to permit Image Catalog to contact You, such as an address, telephone number, and if available, an electronic mail address at which the You may be contacted;
5. A statement that You have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
You agree that the sole responsibility of Image Catalog with respect to infringement of intellectual property rights is limited to taking down offending Content once the above procedure has been complied with.
Questions and comments about the Service (other than claims of copyright infringement) should be directed to us by submitting a customer support ticket.
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Force Majeure
Neither party is liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war (declared or undeclared), fire, flood, storm, slide, earthquake, power failure, inability to obtain equipment, supplies or other facilities not caused by a failure to pay, labour disputes, or other similar event beyond the control of the party affected which may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.
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Language
The parties agree that English shall be the sole language of this Agreement and that all disputes arising from it shall be resolved in English.
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Miscellaneous
All notices required to be given to Image Catalog shall be given to Image Catalog at the following address:
Image Catalog Media Inc.
#28558 - 4050 Hastings Street
Burnaby, BC
V5C 6J4
Any notice required to be given by Image Catalog to You may be given to Your email address contained in your personal profile, with deemed receipt occurring immediately upon the sending of an email.
This Agreement constitutes the sole agreement between You and Image Catalog, unless you have separately acquired a license to use Content.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound. This Agreement is binding upon the successors to and permitted assigns of the parties.
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