Terms of Service
This website ImageProtect.com (the “Site”) is owned and operated by Clear Arts, Inc. (dba ImageProtect), a California corporation (“ImageProtect” or “we” or “us”).
ImageProtect provides the “ImageProtect Services” (as described below) solely in connection with and subject to the following Terms and Conditions of Service (“Terms of Service” or “TOS”), which may be modified by us, in our sole discretion, from time to time without notice to you.
By accessing this Site and using the ImageProtect Services, you are accepting and agreeing to be bound by all of these Terms of Service including any posted applicable Guidelines or Rules (which also may be posted and modified from time to time). If you do not agree to these Terms of Service or the Guidelines or Rules (which are incorporated herein by this reference), you may not use this Site or any of our services.
In addition to accepting and agreeing to be bound by these Terms of Service, Customers that register to ImageProtect Services explicitly agree to be bound by the terms and conditions of the ImageProtect Recovery Service Agreement.
- Overview of ImageProtect Services
This Site and the Content (as defined below) are intended for the use of Customers (“Customers” or “Subscribers”) to the ImageProtect Service.
ImageProtect is a service that utilizes web crawler and image recognition software to match its Customers” images to identical, derivative and substantially similar images it finds on the Internet.
After creating an account, ImageProtect will permit Customers to upload images for storage and viewing from our databases. We will create sophisticated image maps (“fingerprints”) of each uploaded image and then store a low-resolution copy of the image (“thumbnail”) and related image fingerprints in the uploading Customer’s account.
The ImageProtect Service web crawler will then search the Internet for these fingerprints. The software we use identifies and matches cropped, rotated, flipped and color-changed images within predefined parameters.
If the ImageProtect Service finds a potential match (a “Match”), a report is prepared to the Customer, providing information about the potential Match. The Customer reviews the report to determine whether the use is authorized. If the Customer determines that the use is without authorization, the Customer will contact the ImageProtect Recovery team pursuant to Recovery Service Agreement, which, among other things, authorizes ImageProtect to act as the Customer’s agent in seeking a settlement license for the unauthorized use and sets the minimum license fee to which the Customer will agree. ImageProtect will manage the unauthorized use case(s) submitted and take action, which may include a series of contacts with the potential licensee on behalf of the Customer and seeking the required license fee.
If ImageProtect is unable to reach a license agreement with the potential licensee and such resolution seems unlikely, ImageProtect will notify the Customer regarding additional courses of action, including referral to legal counsel for the possible initiation of litigation.
ImageProtect reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ImageProtect Services (or any portion thereof) with or without notice. You agree that ImageProtect shall not be liable to you or to any third party for any modification, suspension or termination of the ImageProtect Services (or any portion thereof). You may not use this Site or the Content contained herein for any purpose not expressly permitted herein.
When using or registering to use the ImageProtect Services and as a condition thereto, you represent that you are of legal age to form a binding contract and are not a person barred, as a matter of law or otherwise, from using or receiving
When registering as a Customer, you agree to provide true, accurate, current and complete information about yourself as prompted by ImageProtect Customer account registration form (collectively, the “Registration Data”); and you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information, or if ImageProtect has reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete, ImageProtect has the unilateral right to suspend or terminate your account and refuse to allow you to utilize any of ImageProtect Services or any portion thereof.
Upon completion of the registration process, you will receive a log-in (or account) designation and password, which you may use in connection with obtaining ImageProtect Services so long as you are in compliance with these Terms of Service. You are responsible for maintaining the confidentiality of the password and log-in account identifier and are fully responsible for all activities that occur under your log-in (account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and do hereby release ImageProtect from any and all liability concerning such transactions or activity. You agree to notify ImageProtect immediately of any actual or suspected loss, theft or unauthorized use of your account or password. ImageProtect has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. ImageProtect expressly disclaims any and all liability for the unauthorized access to any Content you have uploaded to the Site or the interception of any Content, data or communications by unauthorized persons or entities.
In consideration for your use of the ImageProtect Service hereunder, you agree to pay all charges billed to you including applicable taxes, in accordance with ImageProtect’s billing plan and policies in effect at the time the charge becomes payable. Such billing plan and policies are hereby incorporated by reference into this Terms of Service. You acknowledge that you may be charged a monthly or annual subscription fee, even if you do not use or access the ImageProtect Service. We reserve the right to change the billing plan, policies and the subscription fees for the ImageProtect Service at any time, upon prior notice to you. If you fail to pay the charges for the ImageProtect Service when due, we reserve the right to pursue any and all legal remedies to collect the amounts owed by you and the right to suspend or terminate your subscription to the ImageProtect Service.
You hereby authorize ImageProtect to charge your personal checking or savings account, or credit card that you provide us as part of your registration process for your service fee. You guarantee and warrant that you are the legal account holder or credit card holder. If you elect a monthly subscription, you agree that this monthly charge will be made on a 30-day cycle. If you elect an annual subscription, you agree that this annual charge will be made on a one-year cycle. In order to terminate the recurring billing process you must either cancel your account, or arrange for an alternative method of payment accepted by us. You understand that ImageProtect may not mail you any invoices or bills.
You understand that all account cancellations for which an active recurring billing authorization exists must be made in writing by email sent by the authorized primary contact or web administrator for account to firstname.lastname@example.org .
- not to dispute ImageProtect’s recurring billing with your bank or credit card issuer as long as the amount in question was for services rendered prior to cancellation of the account,
- you will not dispute any charges from ImageProtect unless you have already made an effort in good faith to rectify the situation directly with ImageProtect, and those efforts have failed, and
- that any credits issued by ImageProtect for any reason will not be refunded to your account or credit card, but instead will be deducted from your following month’s service fee.
You authorize ImageProtect to run an address verification search. This verification process is a security measure designed to protect you from illegal fraud against your account and credit card.
You understand that all images, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. This means that you and every other Customer, and not ImageProtect, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available when using ImageProtect Services. ImageProtect does not control the Content uploaded to and stored on our database and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ImageProtect be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through ImageProtect Services.
By using the ImageProtect Service and/or uploading, posting, emailing, transmitting or otherwise making Content available using the ImageProtect Services, You represent and warrant that you are the sole and exclusive owner of the Content or that you have express authorization to exclusively represent the Content and have the right to license the Content. You further represent and warrant that you are solely responsible for the form, content and accuracy of any Content you have uploaded.
Under no circumstances shall any Content:
- violate, infringe or otherwise interfere with any copyright or trademark of another party;
- reveal any trade secret, unless you own the trade secret or have the owner’s permission to post it;
- infringe on any intellectual property right of another or on the privacy or publicity rights of another;
- be unlawful, defamatory, threatening, harassing, abusive, or hateful to any other person or entity;
- contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or
- remain posted after you have been notified that such image violates any of sections (i) to (v) of this paragraph.
Each Customer, with respect to all Content uploaded by such Customer and the actions and inactions of such Customer, further agrees to indemnify, hold harmless and defend ImageProtect against any and all claims, damages, losses, liabilities, expenses (including all attorneys” fees incurred), costs and all other liabilities (whether special, consequential or direct or indirect) incurred by ImageProtect with respect to any claim (whether valid or invalid) that:
- said uploaded Content violates any rights of any person or entity; and
- you did not have the right to upload said Content or grant the rights granted to ImageProtect herein; and
- you have failed to comply with the provisions of these Terms of Service.
ImageProtect does not claim ownership of Content you submit or make available for inclusion in our database or in connection with ImageProtect Services. ImageProtect shall not publish your uploaded Content for viewing by third parties or the public. However, you grant ImageProtect the worldwide, royalty-free and non-exclusive, non-terminable license, to cache, copy, display (original and lower resolution and thumbnails), map, fingerprint, publish, reproduce, create derivative works, translate and store (in multiple formats) your uploaded Content for the purposes provided herein and you represent and warrant that you have the right to grant to ImageProtect these rights. This license exists only for as long as such Content is maintained on the Site as provided herein and will terminate at the time you remove or ImageProtect removes such Content from the Site.
Notwithstanding the foregoing, your uploaded Content may be displayed to the public in the limited circumstance that it is selected for use in an ImageProtect marketing campaign, in which case ImageProtect will obtain your prior written consent to publication.
- Your Understandings, Acknowledgements and Agreements
You understand, acknowledge and agree that:
- ImageProtect may provide you or display advertisements and other communications such as notifications of changes in ImageProtect Services, administrative matters as well as other communications and that you may not opt out from receiving.
- ImageProtect Services are provided “AS-IS” and that ImageProtect assumes no responsibility or any liability for the timeliness or accuracy of our image storage or recognition systems or the deletion, mis-delivery or failure to store or recognize and match any Customer’s images with images found on the Internet. You are responsible for obtaining access to this Site and the ImageProtect Services and that access may involve third-party fees (such as an internet service provider or airtime charges). You are responsible for those fees and all equipment you may need to access the Site and utilize the ImageProtect Services.
- Technical processing, storage, display and transmission of Content including your images or other Content may involve transmission over various networks and changes to conform which may be subject to interception or might be modified to meet the technical requirements of transmission, connectivity, fingerprinting, analysis and storage.
- (iv) ImageProtect may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Terms of Service;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of ImageProtect, its Customers and the public.
- ImageProtect Services and software embodied within the ImageProtect Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ImageProtect and/or other providers who provide services, software or Content to ImageProtect. You may not attempt to override or circumvent any of the usage rules utilized by ImageProtect. Any unauthorized reproduction, publication, distribution or public exhibition of the Content accessed through this Site, in whole or in part, is strictly prohibited.
- ImageProtect may or may not pre-screen Content, but ImageProtect and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is uploaded to the Site. Without limiting the foregoing, ImageProtect and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable, as determined by ImageProtect in its sole discretion. 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. In this regard, you acknowledge that you may not rely on any Content created by ImageProtect.
You further agree and understand that to utilize portions of the ImageProtect Services, you will be asked to sign the Recovery Service Agreement, copy of which may be obtained by emailing licensecompliance@ImageProtect.com
- Subscriber and User Obligations
You agree you will not use ImageProtect Services or the Site to:
- harm children, minors or adults in any way;
- impersonate any person or entity, including, but not limited to, an ImageProtect’s employee, representative, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through ImageProtect Services;
- upload, post, email, transmit or otherwise make available or communicate any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including proprietary or confidential information belonging to others);
- upload, post, email, transmit or otherwise make available or communicate any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any other person or entity;
- upload, post, email, transmit or otherwise make available or communicate any Content that is unlawful, threatening, menacing, abusive, harmful, invasive of another”s privacy or publicity rights, defamatory, libelous, illegal, hateful, or racially, ethnically or otherwise objectionable including without limitation Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- upload, post, email, transmit or otherwise make available or communicate any Content 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;
- interfere with or disrupt the Site, ImageProtect Services or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
By registering and uploading images or other Content, you are warranting that you are the owner of, or have the right to upload, the uploaded image or other Content.
Termination without Cause. You may terminate your use of the ImageProtect Services and access to the Site by submitting such termination request to ImageProtect; provided, however, that such termination shall not release you from any payment accrued to ImageProtect hereunder prior to the effective date of such termination, which payment shall become immediately due and payable.
Termination For Cause. You agree that ImageProtect, without prior notice, may immediately terminate or suspend and/or limit your access to the Site and/or ImageProtect Services for good cause. Good cause for such termination, limitation of access or suspension shall include, but not be limited to,
- breaches or violations of the Terms of Service or other incorporated agreements or guidelines;
- requests by law enforcement or other government agencies;
- discontinuance or material modification to the ImageProtect Services (or any part thereof);
- unexpected technical or security issues or problems;
- extended periods of inactivity; and/or
- any fraudulent or illegal activities by you.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in ImageProtect’s sole discretion and that ImageProtect shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the ImageProtect Services.
Effects of Termination. Termination of your ImageProtect account includes any or all of the following:
- removal or denial of access to all or part of the offerings within the ImageProtect Services,
- deletion of your account, password and all related information, files and Content associated with your account (or any part thereof), and
- barring of further use of all or part of the Site or ImageProtect Services.
Termination of your account and limitations on access shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability or obligation you otherwise may have to ImageProtect, including all indemnification obligations contained herein, which hereby expressly survive any termination.
- Interstate Nature of Communications
You acknowledge and agree that using the Site or the ImageProtect Services (such as but not limited to emails, search queries, uploading or downloading Content, etc.) involves the use of computers and networks located throughout the United States of America and the world. As a result thereof, the network architecture used and the nature of electronic communications, even communications that appear to be intrastate can result in the transmission of interstate communications regardless of where you are physically located at the time of the transmission. Accordingly, you acknowledge that the use of the Site and ImageProtect Services results in interstate data transmissions
- Site Operation
ImageProtect and its service providers will use reasonable efforts to ensure that the Site and ImageProtect Services are available 24 hours a day, 7 days a week. However, from time to time ImageProtect may be required to purge the Site of images, during which time we may remove content from the Site in our sole discretion. Additionally, there will be occasions when the Site and/or ImageProtect Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Reasonable steps will be taken by ImageProtect to minimize such disruption where it is within ImageProtect’s reasonable control. YOU AGREE THAT IMAGEPROTECT WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE OR IMAGEPROTECT SERVICE(S).
ImageProtect makes no claim that the Site may be lawfully viewed or that Content may be downloaded outside of the United States. Access to Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
All material and content contained on the Site other than uploaded Content and including, but not limited to graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons, the compilation of all content on the Site, are the property of ImageProtect and/or third parties and are protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to ImageProtect and/or third parties. No material from the Site other than your posted Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
You agree to indemnify and hold ImageProtect and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all losses, claims or demands and liabilities, including reasonable attorneys” fees, they may suffer as a result of or which relates to or arises out of any Content you submit, post, transmit, modify or otherwise make available through the Site or through ImageProtect Services, your use of the ImageProtect Services, your violation of any of the provisions of the Terms of Services, or your violation of any rights of another person or entity.
- Disclaimers of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND THE IMAGEPROTECT SERVICES ARE AT YOUR SOLE RISK. THE CONTENT AND IMAGEPROTECT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IMAGEPROTECT DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE IMAGEPROTECT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IMAGEPROTECT AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IMAGEPROTECT SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IMAGEPROTECT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE IMAGEPROTECT SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND IMAGEPROTECT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE IMAGEPROTECT SERVICE WEB CRAWLER WILL ATTEMPT TO SEARCH THE INTERNET FOR MATCHES OF YOUR IMAGES. IMAGEPROTECT DOES NOT GUARANTEE, HOWEVER, THAT ITS WEB CRAWLER WILL (i) FIND EVERY INSTANCE OF A MATCH OF THE CONTENT, (ii) SEARCH THE ENTIRE INTERNET OR (iii) SEARCH CONTINUOUSLY. FURTHER, IMAGEPROTECT DOES NOT GUARANTEE THAT ITS RESULTS WILL BE ACCURATE AS THE IMAGEPROTECT SERVICE MAY MISIDENTIFY A WORK AS A MATCH OF THE CONTENT WHEN, IN FACT, IT IS NOT, i.e., A FALSE POSITIVE. IN THE EVENT THAT IMAGEPROTECT IDENTIFIES WHAT IT BELIEVES MAY BE A MATCH(ES) OF THE CONTENT, IMAGEPROTECT MAY NOTIFY YOU BY SENDING A REPORT OF THE MATCH(ES). IMAGEPROTECT, HOWEVER, IS UNDER NO OBLIGATION TO PROVIDE SUCH A REPORT AND, FURTHER, IF A REPORT IS SENT, IMAGEPROTECT MAKES NO GUARANTEE THAT IT WILL SEND SUCH A REPORT WITHIN ANY PARTICULAR TIMEFRAME. IMAGEPROTECT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO ITS SEARCHING OR REPORTING ACTIVITIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE IMAGEPROTECT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
- Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMAGEPROTECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IMAGEPROTECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE IMAGEPROTECT SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
- ANY OTHER MATTER RELATING TO THE IMAGEPROTECT SERVICE.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMAGEPROTECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND IN EXCESS OF THE FEES RECEIVED BY IMAGEPROTECT FOR THE SERVICES PROVIDED TO YOU.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 HEREIN MAY NOT APPLY TO YOU.
- Modifications of the Terms of Service
ImageProtect may modify these Terms of Service or any of the rules or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms of Service or other rules and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review these Terms of Service periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms of Service in their then-current form each time you use the Site. You agree that the notice provisions provided in these Terms of Service are reasonable. You may not modify these Terms of Service or any of the rules or guidelines governing the Site.
From time to time, the Site may offer certain services (directly or in conjunction with third parties) that require you to agree to additional terms and conditions (“Supplemental Terms of Service”). In such an event, the Site may either:
- present such Supplemental Terms of Service to you for approval through a “click wrap” approval; or
- post such Supplemental Terms of Service on the Site.
In either case, the Supplemental Terms of Service will be deemed to be an integral part of these Terms of Service and your use of such services will be deemed as acceptance and agreement to the Supplemental Terms of Service.
- Third Party Websites
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of ImageProtect. Unless explicitly otherwise provided, ImageProtect does not:
- make any representation or warranty whatsoever about any third party site that is linked to the Site; or
- endorse the products or services offered on such third party site.
ImageProtect expressly disclaims:
- all responsibility and liability for content on third party websites and
- any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against ImageProtect with respect to such sites and third party content.
This Agreement constitutes the entire agreement and understandings by the parties relating to the subject matter hereof and supersedes all prior agreements, proposals or understandings between the parties regarding such subject matter. Further, each party shall comply with all applicable federal, state and local laws and regulations in the performance of its obligations under this Agreement. The recitals above are true and correct and are part of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference or giving effect to its choice of law principles and rules that might require the application of the laws of another jurisdiction. If any dispute relating in any way to the Agreement or your use of this Website shall be submitted to confidential arbitration in Santa Ana, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. The rights and obligations set forth herein may not be assigned, in whole or part, by the Customer without the prior written consent of ImageProtect. All waivers must be in writing and executed by the waiving party. The failure by a party to enforce any provision hereof shall not be construed as a waiver of such provision. All notices given hereunder shall be in writing and delivered by email to the last email address provided by the Customer to ImageProtect at info@ImageProtect.com. All provisions contained in the Terms of Service are severable, and in the event any of them shall be held to be invalid by any competent court, this Agreement shall be interpreted as if such invalid provisions were not contained in the Agreement. Headings used in these Terms and Conditions are for convenience only and have no legal or contractual significance.
- Copyright Infringement Claims
ImageProtect has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act (“DMCA”), a copy of which is located at http://www.copyright.gov/legislation/dmca.pdf
Copyright Policy. It is ImageProtect’s policy to comply with the DMCA or any equivalent law in other countries where the Site and ImageProtect Services are made accessible. ImageProtect shall:
- block access to, or remove material that it believes in good faith infringes copyright of a third party; and
- remove and discontinue service to repeat infringers.
Copyright Notice. Copyright owners or any agents thereof who believe that any Content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing ( see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of 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.
- Such written notice should be sent to our designated agent as follows:
ImageProtect, Inc. 1401 N El Camino Real, Ste 203 San Clemente, CA 92672.
or via email by using our contact form.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification. If You elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber”s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber”s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.