FREE
PHOTO DOWNLOAD AGREEMENT
This Agreement
governs the terms by which the persons and companies whose images
appear in this photographic showcase domain (the “Site”)
may download the photographic materials pertaining to them.
The images on this Site have been taken during the event specified
on each page of the photographic showcase and appear on this
Site with the written consent and release of the authorized
sponsor of said event. This Agreement is in addition to the
Terms of Use applicable to this site, www.TheRIghtWriters.com,
including the requirement that all persons whose images taken
from each such event have obtained direct access to this section
of the website via a personal invitation from an agent of TheRightWriters.com.
1.
Background of Agreement
(a) By selecting the correct box at the end of this Agreement
and typing “I Agree” or otherwise signifying your
acceptance, you accept this Agreement either for yourself or on
behalf of your employer or the entity that is identified as the
member account holder, and agree to be bound by its provisions.
If you are accepting on behalf of your employer or the entity
that is the member account holder, you represent and warrant that
you have full legal authority to bind your employer or such other
entity. If you do not have such authority or you do not accept
or agree with these terms, do not accept the Agreement and do
not download the Content.
2.
Term of Agreement
The photographic elements in this showcase are downloadable by
only the individual(s) whose images are represented within each
images. Image Unlimited Inc. and TheRightWriters.com reserves
all rights to all images on this website including (but not limited
to) photographs from events showcased in this portion of the website.
No commercial reproduction of these images is allowed without
consent from Image Unlimited Inc. or TheRightWriters.com. TheRightWriters.com
and its partners reserve the right to elect at a later date to
modify or remove any and all images and/or revoke or amend the
right of any user to download or access the images on this website
photo showcase.
3.
Limited Representations and Warranties
The Site acts as an exchange of Content between those who have
participated in the given event(s) that have been covered photographically
by one or more of TheRightWriters.com photographer(s). While we
have made reasonable efforts to correctly categorize and sharpen
all images, TheRIghtWriters.com and Image Unlimited Inc. does
not warrant the accuracy, picture quality or appearance of images
in this showcase or the appearance of persons in these images.
THE
CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION,
WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE. IMAGE UNLIMITED INC. DOES NOT REPRESENT OR WARRANT THAT
THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE
UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT
PROVE DEFECTIVE, YOU (AND NOT IMAGE UNLIMITED INC.) ASSUME THE
ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
Any
and all persons whose images have been captured for this photo
showcase have given their verbal consent to be photographed .
All persons photographed have been advised (orally or in writing)
as to the nature and intended use of said images and specifically
of (i) the nature, purpose, and sponsor of the event, (ii) the
promotional and publicity activities for the event, and (iii)
the news coverage of or feature article on the event (or sponsor),
if any. .Said images may also be used by the photographer, Image
Unlimited Inc. and TheRightWriters.com for reasonable self-promotion
of the photographic or marketing services.
4 Liability
IN NO EVENT SHALL IMAGE UNLIMITED INC. and THERIGHTWRITERS.COM
OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS
BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF
PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION,
SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS
TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY
RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED
ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OR OTHERWISE.
5.
Indemnification
You agree to indemnify, defend and hold Image Unlimited Inc. and
TheRIghtWriters.com its affiliates, its content providers and
their respective directors, officers, employees, shareholders,
partners and agents (collectively, the Image Unlimited Inc. Parties”)
harmless from and against any and all claims, liability, losses,
damages, costs and expenses (including reasonable legal fees on
a solicitor and client basis) incurred by any Image Unlimited
Inc. as a result of or in connection with any breach by you or
anyone acting on your behalf of any of the terms of this Agreement.
6.
Contact
If you have concerns relating to this Agreement, please contact
Image Unlimited Inc. at sales@321image.com or via phone at (516)
282-0231
8.
Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR
TO AGREEING TO IT. IN CONSI DERATION OF IMAGE UNLIMITED INC. AGREEING
TO PROVIDE THE CONTENT, YOU ACKNOWLEDGE AND AGREE TO ALL THE STATEMENTS
CONTAINED HEREIN AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND IMAGE UNLIMITED
INC.WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND IMAGE UNLIMITED
INC.RELATING TO THE SUBJECT OF THIS AGREEMENT. © TheRightWriters.com.
2006. All rights reserved. |