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ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF ANY IMAGE FROM THE I SUBSCRIPTION SERVICE (“the Service”) AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND ImageHit™. By subscribing to the Service you agree to be bound by the terms of this Agreement. ImageHit™ reserves the right to change these terms at any time, and you agree to be bound by such changes.
1. OWNERSHIP
This Site is owned and operated by ImageHit™. All images on this web site are owned by ImageHit™ or its partners and are protected by United States copyright laws and international treaty provisions. ImageHit™ retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from ImageHit™, in ImageHit™ sole discretion, if you fail to comply with any provision of this agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, ImageHit™ reserves the right to terminate this site without notice.
2. AUTHORIZED USE
Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by ImageHit™. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the ImageHit™ End User License Agreement (EULA).
3. LINKS TO THIRD PARTY SITES
ImageHit™ provides links to third-party sites as a convenience to you. ImageHit™ does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by ImageHit™ of such sites. ImageHit™ is not responsible for the content of any linked sites.
4. LIMITED WARRANTY
ImageHit™ represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
ImageHit™ warrants that the Image(s) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.
EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ImageHit™ DOES NOT WARRANT THAT THE IMAGE(S) 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 IMAGE(S) IS WITH YOU. SHOULD THE IMAGE(S) PROVE DEFECTIVE, YOU (AND NOT ImageHit™ OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.
5. YOU REPRESENT, WARRANT AND COVENANT THAT:
a) You are at least 18 years of age and have the right to enter into this Agreement;
b) You do not reside in any country to which export of USA products are prohibited or restricted;
c) You will not use the Images in any way that is not permitted by this Agreement;
d) Your use of the Images will not violate any applicable law or regulation of any country, state, or other governmental entity;
e) The information you provide ImageHit™ is accurate and true, including without limitation all credit card information.
f) You agree that all passwords for the Service are to be held in the strictest of confidence. You may not share or disclose any password to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to (i) terminate this Agreement immediately upon notice to you (ii) retain all payments paid pursuant to this Agreement and (iii) seek any legal or equitable remedies.
6. LIMITATION OF REMEDIES
a) Cancellation/Expiration: In the event this Agreement is not terminated but the Service period has been cancelled or has expired, you may continue to use the Images that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement.
b) No Money Damages: Under no circumstances whatsoever will ImageHit™ be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Image(s) even if ImageHit™ or a distributor authorized by ImageHit™ has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. INDEMNIFICATION
You agree to indemnify and hold ImageHit™ harmless from, and against, all claims, expenses or liability asserted against ImageHit™ arising out of or in connection with any breach of any of the terms of this Agreement.
8. JURISDICTION
This Agreement, its validity and effect, shall be solely interpreted under, and solely governed by, the laws of the State of Texas. Any claims shall be brought solely in the Federal District Court of the District of Texas and you expressly consent to the exclusive jurisdiction of the courts of the State of Texas. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
9. LEGAL FEES
If ImageHit™ is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse ImageHit™ for its legal fees, costs and disbursements if ImageHit™ is successful.
10. ASSIGNABILITY
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent.
11. REFUND POLICY
Refunds will be given at the discretion of the Company Management.
12. ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ImageHit™, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ImageHit™ RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN ImageHit™ WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.
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Contact|
Phone | : 1-800-959-2823 |
| Fax | : 1-866-998-8383 |
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