Image by Request Terms of Use
The following terms of use constitute a valid and binding Agreement (“Agreement”) between Image By Request ("Image By Request", "Us", or “Company”) and you ("you"). This Agreement sets forth the terms and conditions associated with Your use of this website (“Website”). By using the Website, YOU ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY IS UNWILLING TO ALLOW YOU TO USE THIS WEBSITE.
DESCRIPTION OF SERVICES
Image By Request is a venue which connects shoppers, photographers, and artists ("Users") by the means of this Website. However, Image By Request is not a party to, or otherwise involved in the transactions between Users of the Website. As a result, Image By Request has no control over the accuracy, quality, legality, or safety of postings made by Users and is not able to verify the claims made by Users, or endorse any User of this Website. It is your responsibility to verify all information prior to entering into a transaction with a User of this Website. You should be careful and exercise common sense and good judgment when dealing with any User on the Website. Image By Request is not responsible for your transaction, cannot refund the money you have sent to other Users, or otherwise be held liable for your losses or damages resulting from a transaction that took place on this Website.
You may only post requests or bids that are accurate, truthful, legitimate, legal, and safe. You may only post requests if you are prepared to purchase the item when another User offers a bid that you find satisfactory. If you are bidding on an item, you should be prepared to deliver what you have promised if your bid is selected by the User. If you have accepted a bid, you are obligated to finalize the transaction with the owner of that bid. If at any point in time you have any questions or doubts, you should contact the other User or Image By Request and seek clarification.
IMAGE MODEL RELEASE, ROYALTIES, COPYRIGHTS, TERMS OF IMAGE USE
It is the responsibility of Users of this Website to negotiate and agree on the commercial terms for the use of the image. Make sure you negotiate up front the terms related to model release, royalties and any other terms related to the usage of the image. Image By Request is not a party to, or otherwise involved in the transactions between Users of the Website and therefore cannot be held liable for the terms of the transaction.
PROHIBITTED USE
You may not post submit request, bids, forum posts, or otherwise transmit information to this Website that (1) is offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (2) harm minors in any way; (3) promote, encourage or provide instructional information about illegal activities, promote or encourage physical harm or injury against any group or individual, or promote or encourage any act of cruelty to animals; (4) that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You may not use any robot, spider, other automatic device, or manual process to monitor Content.
You may not upload or transmit to the Website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment.
You may not make direct contact with another User of this Website, post individual contact information, including, but not limited to, names, addresses, phone numbers, email addresses, until the bidding has ended for that request.
REMOVAL OF USERS
Image By Request reserves the right to remove and prohibit future participation of any User of this Website at any time for any reason, but expressly including any User that Image By Request judges to be in violation of this Agreement. Image By Request may also at its own discretion remove or edit any information transmitted to this Website, including, but not limited to request, bids, forum post.
LINKS TO OTHER WEBSITES
This website may provide links or advertisements that link to other World Wide Web sites. Image By Request has no control over such sites and you acknowledge and agree that Image By Request is not responsible for the availability of such external sites, and does not review or endorse and is not responsible or liable for any content, advertising, products, or other materials on such sites. You further acknowledge and agree that Image By Request shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such site.
COPYRIGHT & LICENSES
The materials and content on the Website is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. All title and copyrights in and to the Website (including, but not limited to, any images, photographs, animations, video, audio, music, text and illustrations incorporated into the Website) are owned by Image By Request, its third party licensors or its suppliers (the “Intellectual Property”). You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Website. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with this Agreement. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without the Company’s prior written consent. Modification or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment. All software, applications, and modules (collectively, "Software") used on the Website are proprietary to or licensed to the Company by other parties. You may not rent, lease, sub-license, assign or permit others to use the Software. Except to the extent such a restriction is unenforceable under local law, You may not modify, amend, reverse engineer, decompile, translate, create a derivative work or dissemble the Software.
MODIFICATIONS TO AGREEMENT
Image By Request reserves the right, in its sole discretion, to change, modify, add, or remove portions or all of these terms at any time. Please check this Agreement periodically for changes.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS PROVIDED BY THE WEBSITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS PROVIDED ON THE WEBSITE; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OR RELIANCE ON OUR WEBSITE OR ANY OF THE CONTENT OR MATERIALS AVAILABLE ON OR THROUGH OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR, AND WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR, ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND OTHER LEGAL EXPENSES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OUR WEBSITE OR THE CONTENT OR OTHER MATERIALS OR SERVICES AVAILABLE ON OR THROUGH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, (A) ANY ERRORS IN, OR OMISSIONS FROM, OUR WEBSITE OR THE CONTENT OR THE OTHER MATERIALS AVAILABLE ON OR THROUGH OUR WEBSITE; (B) ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM OUR WEBSITE; (C) THE UNAVAILABILITY OF OUR WEBSITE OR ANY PORTION THEREOF; (D) YOUR INABILITY TO USE OUR WEBSITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR WEBSITE; OR (F) ANY COMPUTER VIRUSES, WORMS OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, OUR WEBSITE BY ANY PERSON, GROUP OR ORGANIZATION. YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK.