The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement
between you and Image Vortex LLC
(“ImageVortex”), operator of ImageVortex.com (the “Site”). By using the Site, you agree to be
bound by and accept the terms of this Agreement.
ImageVortex may alter the terms of this Agreement from time to time with prior notice to you. No
alteration of this Agreement by you will be binding upon ImageVortex except as expressly agreed in
writing signed by an authorized agent of ImageVortex.
Please read this Agreement carefully. This Agreement limits ImageVortex’s liability and may
substantively affect your rights.
The Site contains photographs and/or other visual works available for licensed use
(“Photographic Content”) under the terms of ImageVortex’s Royalty Free License. The
Photographic Content is property of ImageVortex’s licensors. Submissions of works to ImageVortex
for inclusion in the Site’s Photographic Content is subject to ImageVortex’s Submission Agreement
and Grant of License.
Non-Photographic Content on the Site is property of ImageVortex. ImageVortex makes its best
efforts to ensure the accuracy of non-Photographic Content on the Site, but makes no warranties
or representations, nor shall be liable for and damages arising from, any inaccuracy of non-Photographic Content on the Site.
ImageVortex operates the Site as a venue for the licensing of photographic and other
content. ImageVortex acts solely as a service provider providing storage of materials on its systems
or networks at the direction of ImageVortex’s users.
The Site may contain links to world wide web content which is not a part of the Site.
You agree and acknowledge that ImageVortex is not responsible for such content.
Use of and access to the Site is limited by the terms of this Agreement. You agree:
- Not use any robot, spider, scraper or other automated means to access the Site for any
purpose without ImageVortex’s express written permission.
- Not to take any action that imposes, or may impose in ImageVortex’s sole discretion, an
unreasonable or disproportionately large load on ImageVortex’s servers or other infrastructure or to
interfere or attempt to interfere with the proper operation of the Site or any activities conducted
on the Site.
- Not to copy, reproduce, modify, create derivative works from, distribute or publicly
display any content from the Site, including but not limited to “framing” Site content within
another site, except that you may use Photographic Content validly licensed by ImageVortex to You
under ImageVortex’s Royalty Free License.
- To use the Site only for lawful purposes, and to comply with all applicable laws and
regulations in connection with your use of the Site.
- Not to advertise products or services or solicit any user of the Site, whether or not such
advertising or solicitation is in the form of unrequested bulk commercial e-mail.
ImageVortex may at its sole discretion terminate or limit your use of the Site for violation of
any of the rules contained in this Agreement, or for any conduct, whether by act or omission,
which in ImageVortex’s sole opinion adversely impacts the operation of the Site. ImageVortex may so
terminate or limit your use of the Site without prior notice to you. If such termination or
limitation is for reasonable cause, ImageVortex will not be obligated to refund any fees paid by you.
ImageVortex does not distribute, sell or rent your personal information to third parties,
except as required by law, and uses such information only for the purpose of providing you with
services you request. ImageVortex will make its best efforts to maintain all user information
securely. You agree to release and hold harmless ImageVortex for any damages arising out of any
failure of such efforts.
“ImageVortex”, "ImageVortex LLC" and ImageVortex.com are trademarks of ImageVortex. Non-Photographic
Content on the Site and Site layout are copyright ImageVortex. The visual appearance of the Site is
protected trade dress of ImageVortex under 15 U.S.C. § 1125 et seq. Copyrights in Photographic
Content are held by ImageVortex’s licensors.
ImageVortex respects the intellectual property rights of others and operates the Site in
compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
Owners of intellectual property rights, including but not limited to rights in the nature of
trademark or copyright (“Rights Owners”), who believe any Photographic Content infringes their
intellectual property rights may submit Notifications of Claimed Infringement pursuant to 17
U.S.C. § 512(c) to ImageVortex’s Designated Agent:
Moran Research and Consulting, Inc.
P.O. Box 20208
Houston, TX 77225
ImageVortex may provide services in connection with the Site, including but not limited to
e-mail notifications, image downloading and information publication. ImageVortex will make its
best efforts to ensure that such services are available, operate correctly and are free from
malicious code (e.g., computer viruses). You agree to release and hold harmless ImageVortex for
any damages arising out of your use of the Site, including but not limited to the unavailability,
failure or improper operation of services provided in connection with the Site.
You may incur fees for using certain services (“Fee-Based Services”) provided by
ImageVortex. The fees for Fee-Based Services will be conspicuously posted, and you will not be
allowed to access any Fee-Based Service without first approving the fees for such service. You
agree to pay ImageVortex all fees charged by ImageVortex for Fee-Based Services you elect to access.
IMAGEVORTEX HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE SITE.
Any dispute arising out of use of the Site or this Agreement shall be governed by the laws
of the State of New York without regard to its conflict of laws provisions. You hereby agree to
personal jurisdiction in the courts of the State of New York and agree not to bring any action
against ImageVortex in any other jurisdiction. Nothing in this Agreement shall limit the rights of
ImageVortex to initiate an action against you in any other jurisdiction where such jurisdiction may
be properly exercised.