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| IMAGELINE, INC. WEBSITE TERMS OF SERVICE Last Updated: January 2008 PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE DESCRIBED HEREIN AND BY ALL OTHER TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE. These Terms Of Service ("TOS") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Imageline, Inc. ("Imageline"), its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these TOS, and intend to use any of the content herein is a legally acceptable manner. If you are using the Site on behalf of a business, association, educational institution, government agency, or other entity (your "Organization"), you further represent and warrant that you are authorized to accept these TOS on such Organization's behalf, and that such Organization agrees to indemnify Imageline for any violations of these TOS by you or any other individual within your Organization. Privacy Policy Imageline is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information gathered from activity associated with this Site. Copyright Ownership of the Site and its Contents This Site is owned by Imageline. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, illustrated images, moving images and animation sequences, clipart, logos and symbols, sound, cartoon drawings, branded domain names, software, and the selection and arrangement thereof ("Imageline Content"), is owned by Imageline, its licensors, or its third-party image or information providers and partners. All elements of this Site, including the Imageline Content, are protected by copyright, trade dress, moral rights, trademark, and other U.S. laws and international treaties relating to the protection of intellectual property. Use of the Site This Site
and the Imageline Content are intended for authorized distributors,
resellers, and customers of Imageline. You may not use this Site
or the Imageline Content for any purpose not related to your business
with Imageline, such business to be by written agreement between
you and/or your Organization and Imageline. You are specifically
prohibited from: (a) downloading, copying, modifying, displaying
for unauthorized distribution, or re-transmitting any or all of
the Site or the Imageline Content without, or in violation of, a
written license or agreement with Imageline; (b) using any data
mining, copyright circumvention or Copyright Management Information
("CMI") removal tools, robots, or similar data gathering
or extraction methods; (c) manipulating or otherwise displaying
the Site or the Imageline Content by using framing or similar navigational
technology; (d) registering, subscribing, un-subscribing, or attempting
to register, subscribe, or un-subscribe any party for any Imageline
product or service if you are not expressly authorized by such party
to do so; and (e) using the Site or the Imageline Content other
than for its intended purpose. Such unauthorized use may also violate
applicable laws including without limitation copyright and trademark
laws, the laws of privacy and publicity, federal and/or state fair
trade practices, and any applicable communications regulations and
statutes. You represent and warrant that as an authorized user of this Site you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, intellectual property, and the transmission of technical data exported from the United States or the country in which you reside. Copyright Infringement Policy In accordance with the Digital Millennium Copyright Act ("DMCA"), U.S. Copyright laws, and procedural guidelines published by the U.S. Copyright Office and World Intellectual Property Organization ("WIPO") and other applicable laws, Imageline has adopted a policy of terminating, in appropriate circumstances and at Imageline's sole discretion, account holders or other users who infringe the intellectual property rights of Imageline or any other third party. Copyright Complaints If you believe
that any material on this Site infringes upon any copyright that
you own or control, or of any other individual or Organization that
you are aware of, you may file a notification of such possible infringement
with our Designated Agent as set forth below: Copyright Agent P.O. Box 6275 Ashland, Virginia 23005 (804) 264-0731
- Phone
If we decide that any action is required as a result of your complaint or inquiry, we will notify you and we may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to an account owner or user's e-mail address, or by written communication sent by first-class mail to an account owner or user's physical address. Trademarks Imageline
Trademarks, the Imageline logo, and any other product or service
name, symbol, emblem, or slogan referenced herein or contained in
this Site are trademarks of Imageline and its authorized suppliers
or licensors, and may not be copied, imitated or used, in whole
or in part, without the prior written permission of Imageline or
the applicable trademark holder. You may not use "meta-tags"
or any other "hidden text" utilizing "Imageline"
or any other name, trademark or product or service name of Imageline
without our prior written permission. In addition, the look and
feel of the Site, including all page headers, custom graphics, navigation
and button icons, java scripts, and Flash animations are the service
mark, trademark and/or trade dress of Imageline and may not be copied,
imitated or used, in whole or in part, without our prior written
permission. All other trademarks, registered trademarks, product
names and company names or logos mentioned in the Site are the property
of their respective owners, who will identified by name where appropriate.
Imageline makes no claim as to the usage rights of any such third
party marks or names. Reference to any third party products, services,
processes, or other information, by trade name, trademark, manufacturer,
supplier, or otherwise, does not constitute or imply any endorsement,
sponsorship or recommendation thereof by Imageline. Links from the Site You may not use an Imageline logo or other proprietary graphic of Imageline to link to this Site without the express written permission of Imageline. Further, you may not frame any Imageline trademark, logo, or other proprietary information, including the Imageline Content, without Imageline's express written consent. Imageline makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from this Site, or websites linking to this Site. Such sites are not under the control of Imageline and Imageline is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Imageline provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Imageline of any site or any information contained therein. When you leave this Site, you should be aware that our TOS and other policies no longer govern your activities. You should review the applicable terms, conditions, and policies, including privacy and data gathering practices, of any site to which you navigate from this Site. Your interaction, participation, correspondence, or other business transactions ("Dealings") with any third party found on or through this Site, regarding the 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 party. You agree that Imageline shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of any such Dealings. Blogs and other Interactive Services or Areas The Site may include discussion forums, blogs, or other interactive areas or services, including chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or other third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Services"). You are solely responsible for your use of such Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through this Site any of the following: a. Any message, comment, data, information, text, music, sound, clip art illustration, photos, graphics, animation, program, or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; b. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute, and reproduce such User Content; c. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with such person or entity; d. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations; e. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; f. Viruses, malware, corrupted data, or other harmful, disruptive or destructive files; and g. User Content that, in the sole judgment of Imageline, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Services or this Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous postings of a repetitive nature), or which may expose Imageline or its users to any harm or liability of any type. Further, you agree not to delete or revise any User Content posted by any other third party. Imageline takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Imageline liable for any mistakes, defamation, slander, libel, omissions, false statements, obscenity, pornography, or profanity you may encounter. Your use of Interactive Services is at your own risk. As the content provider of this Site, Imageline is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page, blog, or other Interactive Service area. Although Imageline has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Services area, Imageline reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Services areas or other portions of the Site in violation of the foregoing violates our TOS and may result in, among other things, termination or suspension of your rights to use the Interactive Services and/or the Site. You acknowledge and agree that Imageline may access, use, or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Imageline; or to protect the safety of our company, employees, business partners, customers, or the general public.
If you post User Content to the Site, unless we indicate otherwise, you grant Imageline and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, post, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Imageline and its affiliates and sub=licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You agree to indemnify Imageline, and its officers, directors, business affiliates, business partners, suppliers, and customers from all costs (including legal fess) associated with the violation or misrepresentation of any claim referenced in this Agreement, that results in liability and is based on an inaccurate statement, action, or failure of compliance with any of the agreed upon TOS posted in this section or in any location on this Site at any time. Subscription Data, Customer Information, and Account Security In consideration of your use of the Site, you agree, when required, to: (a) provide accurate, current and complete information about you and/or your Organization as may be prompted by any subscription or registration forms on the Site ("Customer Info"); (b) maintain and promptly update the Customer Info, and any other information you provide to Imageline, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Imageline immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Customer Info and any other information you provide to Company. Indemnification and Expenses You agree to defend, indemnify and hold harmless Imageline, its officers and directors, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the TOS or of any representation or warranty contained herein, your unauthorized use of the Imageline Content, or your violation of any rights of another as refernenced herein. Disclaimer for Imageline Content and Services THIS SITE AND THE IMAGELINE CONTENT ARE PROVIDED "AS IS" AND IMAGELINE AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. IMAGELINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE IMAGELINE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT IMAGELINE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE IMAGELINE CONTENT. IMAGELINE MAKES NO WARRANTY THAT THE SITE OR THE IMAGELINE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Imageline uses reasonable efforts to ensure the accuracy, correctness and reliability of the Imageline Content, but we make no representations or warranties as to the accuracy, correctness or reliability of the Imageline Content. Imageline offers, or plans to offer, a search feature within this Site. Imageline explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Imageline also disclaims any responsibility for the completeness or accuracy of any directory or search result. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Limitation of Liabilities IN NO EVENT SHALL IMAGELINE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE IMAGELINE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU, THE USER ON ANY INFORMATION OBTAINED FROM IMAGELINE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IMAGELINE RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IMAGELINE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO IMAGELINE FOR ACCESS TO OR USE OF THIS SITE OR THE IMAGELINE CONTENT HEREIN. Agreement to Arbitration, Applicable Law, and Venue Any dispute relating in any way to your use of this Site or the Imageline Content shall be submitted to confidential, and binding, arbitration in Richmond, Virginia, except that, to the extent you have in any manner violated or threatened to violate Imageline's intellectual property rights, Imageline may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia, and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The Arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the TOS, whether through class arbitration proceedings or otherwise. Termination Notwithstanding any of these TOS, Imageline reserves the right, without notice, and in its sole discretion, to terminate your account and/or to block your use of this Site at any time for any reason. If Imageline terminate such usage and you have any prepaid balance in your account for services not yet rendered or delivered by Imageline, you will be refunded such balance within thirty (30) days of such termination by Imageline. Other Provisions Any waiver of any provision of these TOS will be effective only if in writing and signed by an authorized representative of Imageline. If any clause in these TOS is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved. Changes to the TOS Imageline reserves the right to change any of the terms of service contained in the TOS or any policy or guideline of this Site, at any time and in its sole discretion. When Imageline makes such changes, we will revise the "last updated" date at the bottom of these TOS. Any changes will be effective immediately upon posting on this Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the TOS whenever you visit our Site. Last Updated: January 2008 Questions,
Comments, and Contact Information
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