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Terms of service
1.
Services and Conditions of Use
Welcome to ImageEffect online services. As part of our service, ImageEffect
agrees to provide you with quality image gallery, photographs, article
reviews, resources and other digital imaging services that ImageEffect
may decide to offer, subject to the terms of this Agreement. Upon notice
published through the service, ImageEffect may modify this Agreement
at any time in parts or its entirety. You agree and continue to agree
to use ImageEffect services in a manner consistent with all applicable
laws and regulations and in accordance with the terms and conditions
set out in the policies and guidelines outlined below. Please note that
you will be referred to as "customer" from time to time in
this Agreement. 2.
Rules For Online Conduct for ImageEffect Galleries and Classifieds
By using the Service, customer agrees that he/she will not post any
of the following material in service, galleries, user's free email
account, or photographer list:
- Material, which defames, abuses or threatens others.
- Statements those are bigoted, hateful or racially offensive.
- Material that advocates illegal activity or discusses illegal
activities with the intent to commit them.
- Unauthorized copyrighted material.
- Material that contains vulgar, obscene or indecent language or
images.
- Material that does not pertain to the room or discussion forum's
given topic.
Statements or postings, which violate the above terms, will be deleted
from postings upon discovery. Depending on the nature of the violation,
ImageEffect at its sole discretion may terminate customer's account.
3.
Price And Payment
Customer agrees to pay all charges to customer's account, including
applicable taxes, in accordance with billing terms in effect at the
time the fee or charge becomes payable. ImageEffect reserves the right
to change the amount of, or basis for determining, any fees or charges
for the service, and to institute new fees or charges effective upon
prior notice to customers. Customer must provide, ImageEffect with
valid credit card information.
Please Note: For subscription based services, ImageEffect will automatically
renew and charge customer's account as follows:
- Upon every one (1) month for 1-Month Subscriptions
- Upon every three (3) months for 3-Month Subscriptions
- Upon every three (6) months for 6-Month Subscriptions
- Upon every twelve (12) months for 12-Month Subscriptions
The renewal charge shall be equal to the original customer signup price,
unless otherwise notified in advance by ImageEffect. Customer will have
thirty (30) days after the date that any renewal fee is posted to Customer's
charge account to notify ImageEffect that he or she wishes to cancel
his or her subscription. ImageEffect will cancel Customer's account
upon receipt of such notification and post a credit to Customer's charge
account equal to the latest renewal fee charged.
Customer's right to use the Service is subject to any limits established
by ImageEffect or by Customer's credit card issuer. If payment cannot
be charged to Customer's credit card or Customer's charge is returned
to ImageEffect for any reason, including chargeback, ImageEffect reserves
the right to either suspend or terminate Customer's access and account,
thereby terminating this Agreement and all obligations of ImageEffect
hereunder.
ImageEffect agrees that it will terminate Customer's account upon notice
from Customer. If cancellation is received within the first 30 days
of Customer signing up for a service, Customer will be refunded all
subscription fees for that service, but Customer will still be obligated
to pay any other charges incurred. If Customer cancels a service after
30 days of signing up for a service, no refund for unused time on such
service will be made. If Customer has a balance due on any ImageEffect
account, Customer agrees that ImageEffect can charge these unpaid fees
to their credit card.
ImageEffect reserves the right to establish a credit limit (the
"Ceiling") for each Customer. If a Customer's account
reaches the ceiling at any time, Customer agrees that ImageEffect
may immediately bill their credit card for all unpaid charges on
account. Until further notice, the ceiling for each Customer shall
be $200.
If Customer has reason to believe that Customer's account is no longer
secure (for example, in the event of a loss, theft or unauthorized disclosure
or use of Customer's ID, password, or any credit, debit or charge card
number stored on the Service), Customer must promptly change Customer's
password and notify ImageEffect of the problem (by notice given as described
in Section 8 below) to avoid possible liability for any unauthorized
charges to Customer's account.
4.
Non-Transferability of Membership
ImageEffect grants to Customer a personal, non-exclusive, non-assignable
and non-transferable license to use and display the ImageEffect software
("Software") on any machine(s) of which Customer is the
primary User. Unauthorized copying of the Software or duplication
of the software in any manner, including software that has been modified,
merged or included with the Software, or the written materials associated
therewith is expressly forbidden. Customer acknowledges that Customer
may not sublicense, transfer, sell or assign this license or the Software.
Any attempt to sublicense, transfer, sell or assign the license is
void.
5.
Software Libraries and Copyrighted Materials
Only public domain software or graphics files or files where the owner
has given express permission for online distribution may be posted
to discussion forums and galleries on the Service. The posting of
any other type of file and the posting of links to any other type
of file is strictly forbidden. The following types of files are examples
of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics,
text or other writings, computer programs or other software, recordings
or designs; material of a sexually explicitly nature, including photographs
and text.
Copyrighted material, including without limitation text, photographs,
sound, video and music, may not be placed on the Service without the
express permission of the author or owner of the copyright on the
material. Customer acknowledges that only the owner or someone authorized
by the owner to post the material may do so. The downloading of copyrighted
material is not allowed by Customers. Customers may not copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise
transfer any copyrighted material. The burden of determining that
any information, software or any other content on the Service is not
protected by copyright rests with the Customer. Customer acknowledges
that ImageEffect and/or third-party content providers remain the owners
of the posted materials, and that Customer can not acquire any of
those ownership rights by downloading copyrighted materials. Downloading
of said copyrighted materials and files, including photographs, resources,
text, graphics, is strictly forbidden and will result in immediate
termination of Customer's account at ImageEffect.
6.
Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S
OWN RISK. IMAGEEFFECT SERVICES ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS,
OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING
WITHOUT LIMITATION THE ImageEffect SOFTWARE LICENSED TO THE CUSTOMER
AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, IMAGEEFFECT
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1)
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF
INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE
OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY
ACKNOWLEDGES THAT IMAGEEFFECT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER IMAGEEFFECT NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS
TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON THE SERVICE.
7.
Trademarks
ImageEffect, is a trademark of ImageEffect. All other trademarks appearing
on the Service are trademarks of their respective owners.
8.
Notice
ImageEffect may give notice to Customers by means of a general notice
on the Service, electronic mail to Customer's e-mail address on record
in ImageEffect account information, or by written communication sent
by first class mail to a Customer's address on record in ImageEffect
account information. You may give notice to ImageEffect (such notice
shall be deemed given when received by ImageEffect at any time by
any of the following:
Electronic mail to support@ImageEffect.com
Letter delivered by first class postage prepaid mail or courier to
ImageEffect at the following address:
ImageEffect
Gurgaon, Haryana 122003 India
9.
Indemnification
Customer agrees to indemnify and hold ImageEffect harmless from any
dispute which may arise from a breach of terms of this Agreement.
Customer agrees to hold ImageEffect harmless from any claims and expenses,
including reasonable attorney's fees and court costs, related to Customer's
violation of this Agreement, including the Rules of Conduct or any
information, software or other content placed on the Service by Customer.
10.
Termination Of Service
User may terminate this Agreement and User's right to use the Service
by sending a cancellation or unsubscribe email to support@ImageEffect.com.
ImageEffect may terminate your account or access rights to this Service
at any time, without notice, for conduct that ImageEffect believes
violates this Agreement or other policies or guidelines that ImageEffect
has posted on a ImageEffect service. ImageEffect may terminate your
account or access rights to this Service for online conduct that ImageEffect
believes is harmful to other Customers, to ImageEffect business, or
to other information providers.
Further, ImageEffect reserves the right, in its sole discretion,
to terminate your access to all or part of this site, with or without
notice.
11.
Choice Of Law
This Agreement shall be construed and controlled by the laws of the
State of Haryana and or Republic of India. Further, any dispute arising
from the terms of this agreement or a breach of this Agreement will
be governed by the laws of the State of Haryana and or Republic of
India. Customer agrees to personal jurisdiction by the state and courts
sitting in Gurgaon in the State of Haryana.
12.
Merger Clause
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supersedes
all previous and contemporaneous agreements, proposals and communications,
written or oral between ImageEffect representatives and Customer.
ImageEffect may amend or modify this Agreement or impose new conditions
at any time upon notice from ImageEffect to Customer as published
through the Service. Any use of the Service by Customer after such
notice shall be deemed to constitute acceptance by Customer of such
amendments, modifications or new conditions.
13.
INTERNATIONAL USE
ImageEffect makes no representation that materials on this site are
appropriate or available for use in locations outside the Republic
of India, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access this site from
other locations do so on their own initiative and are responsible
for compliance with local laws.
Please contact us directly at support@imageeffect.com
with any questions or comments.
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