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| | ImageState RM License Agreement THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT (THE"AGREEMENT") BETWEEN YOU AND IMAGESTATE INC PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS
1. Ownership of Our Website.
This website is owned and operated by ImageState Europe Ltd. ("ImageState"). All of the photographs featured on our website were created by photographers who have provided them to ImageState for worldwide distribution. These images are protected by United States and international copyright laws and have been digitally watermarked for the protection of our content providers. All of the other content on our website, including without limitation, the graphics, design, look and feel, and the proprietary image search and retrieval engine, are owned by ImageState and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. ImageState and the ImageState logo are registered trademarks in many countries and may not be used or reproduced without our written permission.
2. Your Use of Our Content.
The photographs featured on our website and all other illustrations, images, text and software are together referred to as "content". The content is available on this website for you to browse in order for you to search and view images that you may be interested in using, reproducing, transmitting or displaying under a license from ImageState. However, unless you obtain a license from ImageState, you may not reproduce, display, transmit, distribute or otherwise exploit content, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of content. In addition, you may not reverse engineer, decompile, or otherwise disassemble software included on this website.
3. Disclaimers.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND IMAGESTATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
While ImageState uses reasonable efforts to ensure the accuracy of all Content, it makes no representations or warranties as to the accuracy, correctness or reliability of the Content. In addition, ImageState is unable to make representations or warranties as to the functionality of this website, whether it is free of errors, and whether the server hosting the website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this website is at your own risk.
ImageState, and its officers, directors, employees, subsidiaries, affiliates, licensors and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or the Content.
4. Indemnification.
In the event that you reproduce, display, transmit, distribute or otherwise exploit Content, or any portion thereof, without a license from ImageState to do so, or if you otherwise infringe any intellectual property rights relating to Content and to this website, you agree to indemnify and hold ImageState, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys fees, incurred by them as a result of unauthorized use of the Content and/or your breach of this terms of this Agreement.
5. Links
We have provided links from the ImageState website to other websites that may be of interest to you. Since ImageState has no control over these other sites, we cannot be responsible for either the availability of any linked sites or any content contained therein. Our links to other sites does not constitute an endorsement and is simply for your convenience.
6. Privacy
While you will be asked to provide certain information about yourself in connection with licensing reproduction rights to our images, we will only use this information in granting licenses to you. We may also send you by email or otherwise information about new products, services or other promotions which may be of interest to you. If you do not wish to receive this information, you may either modify your registration or account profile or contact us at info@imagestate.com, or Tel 800 821 9600. ImageState does not share any information you provide us with anyone other than ImageState's subsidiaries, affiliates and as may be necessary for payment processing.
7. Other Terms.
This Agreement shall be governed by the laws of the State of New York, U.S.A. without giving effect to any principles of conflicts of law. Any claim or proceeding arising under or otherwise concerning this Agreement shall exclusively be brought in the federal (Southern District of New York) and state (New York County) courts for New York State and you consent to personal jurisdiction.
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