Subscriber and Member Agreement
This Agreement contains the complete terms and conditions that govern the use of the ImagesAZ website(s) ("website" or "websites" or "site"). BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER IMAGESAZ SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. MCO RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT MCO'S DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
1. General. ImagesAZ shall have the right at any time to change or discontinue any aspect or feature on any of the ImagesAZ Site including, but not limited to, the Group Galleries, Chat Areas, Community Forums, Bulletin Boards, (collectively “Group Galleries”) content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the site a revised version of this Agreement or notification by electronic mail. Any use by you of the Chat Areas, Community Forums, or Bulletin Boards after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
2.Access to this Site. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete. If ImagesAZ believes the information you provide is not correct, current, or complete, ImagesAZ has the right to deny access to this site, or to any of its resources, and to terminate or suspend your access at any time.
3. Use of the ImagesAZ Site and the Group Galleries. The Group Galleries shall be used for lawful purposes only. No material shall be posted on or transmitted through the Group Galleries which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in ImagesAZ's sole judgment, restricts or inhibits any other user from using or enjoying the Group Galleries. No Advertising or commercial solicitation may be posted on or transmitted through the Group Galleries except with ImagesAZ's express prior written approval and only if the advertising or commercial solicitation complies with all conditions imposed by ImagesAZ.
The ImagesAZ Site and the Group Galleries may contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the ImagesAZ Site are copyrighted as a collective work under the United States copyright laws. ImagesAZ is the owner of the copyright in the entire ImagesAZ Site. ImagesAZ owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the ImagesAZ Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the ImagesAZ Site without the express written permission of ImagesAZ and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the ImagesAZ Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on the Group Galleries any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to ImagesAZ a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to ImagesAZ through this site (hereinafter, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that ImagesAZ will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future ImagesAZ operations or business.
You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that ImagesAZ in its sole discretion considers to be offensive.
You shall provide ImagesAZ with accurate, complete and updated information provided by you at the time of registration.
The ImagesAZ Site may contain links to other web sites, resources and advertisers. ImagesAZ is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall ImagesAZ be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the ImagesAZ Site and Group Galleries and all charges related thereto.
The foregoing provisions of this section are for the benefit of ImagesAZ, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
ImagesAZ has carefully designed the ImagesAZ Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the ImagesAZ Site in any way that interferes with that purpose. In particular, ImagesAZ prohibits any party from displaying the content on the ImagesAZ Site in any format where third party advertising or other materials that ImagesAZ did not authorize is viewed or viewable together with ImagesAZ 's proprietary content.
4. Photos and Multimedia Provided to ImagesAZ. During the course of your use of the ImagesAZ Site or the Group Galleries you may have the option to upload photographs, video or other multimedia to the site. By uploading any such content you are specifically representing to ImagesAZ that you have express authority to upload the multimedia and publish any and all likeness contained in the multimedia. You also express authorize ImagesAZ to use any such multimedia for any purpose which ImagesAZ desires specifically including, but not limited to use of the multimedia on any ImagesAZ Site or in any ImagesAZ publication, magazine, or material.
5. Monitoring. ImagesAZ shall have the right, but not the obligation, to monitor the content of the Group Galleries to determine compliance with this Agreement and any other operating rules that may be established by ImagesAZ from time to time. ImagesAZ shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Group Galleries. Without limiting the foregoing, ImagesAZ shall have the right, but not the obligation, to remove any material that ImagesAZ, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of ImagesAZ, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither ImagesAZ nor any of its affiliates shall assume or have any liability for any action or inaction by ImagesAZ with respect to any conduct within the Group Galleries or any communication or posting on the Group Galleries.
6. Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE GROUP GALLERIES AND THE ImagesAZ SITES IS AT YOUR SOLE RISK. NEITHER ImagesAZ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE ImagesAZ SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ImagesAZ SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE GROUP GALLERIES.
THE ImagesAZ SITES AND THE GROUP GALLERIES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY 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. YOU SPECIFICALLY ACKNOWLEDGE THAT ImagesAZ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL ImagesAZ OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ImagesAZ SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ImagesAZ SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE ImagesAZ SITES AND/OR THE GROUP GALLERIES. ImagesAZ 'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO ImagesAZ.
ImagesAZ NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ImagesAZ SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE GROUP GALLERIES BY ANYONE OTHER THAN AUTHORIZED IMAGESAZ EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL ImagesAZ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE ImagesAZ SITES AND/OR ANY POSTINGS ON THE GROUP GALLERIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ImagesAZ SITES AND/OR THE GROUP GALLERIES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ImagesAZ DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE ImagesAZ SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ImagesAZ MAKES PRODUCTS OR SERVICES AVAILABLE ON THE ImagesAZ SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER ImagesAZ NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER ImagesAZ NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE ImagesAZ SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. ImagesAZ IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
7. Indemnification. You agree to defend, indemnify and hold harmless ImagesAZ, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the ImagesAZ Site and/or the Group Galleries.
8. Security. Any passwords used for this site are for individual use only. You will be responsible for the security of your password(s). From time to time, ImagesAZ may require that you change your password. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ImagesAZ reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. ImagesAZ reserves the right to investigate suspected violations of this Agreement. ImagesAZ reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction ImagesAZ to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
9. Termination. ImagesAZ shall have the right to immediately terminate this Agreement with respect to any user which ImagesAZ, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections Disclaimer of Warranty; Limitation of Liability, Indemnification, Termination, Trademarks, and Miscellaneous shall survive termination of this Agreement.
10. Trademarks. All trademarks appearing on the ImagesAZ Site are the property of their respective owners, including, in some instances, ImagesAZ.
12. Miscellaneous. This Agreement will be governed and interpreted pursuant to the laws of Arizona, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Arizona in connection with any dispute between you and ImagesAZ arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Phoenix, Arizona.