Index
Ownership
This website is owned and operated by Imaginal Web Design LLC. All of the content on this website,is also owned by Imaginal Web Design LLC.
All of the components of this website are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as expressly permitted via written agreement with Imaginal Web Design LLC, no part of this website or its content may be copied or retransmitted.
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Indemnity
You shall indemnify Imaginal Web Design LLC against any and all expenses, losses, costs or damages incurred as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
You agree to indemnify, defend and hold harmless Imaginal Web Design LLC, its officers, directors, employees, shareholders, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, and successors from all losses, liabilities, damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages), claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to: (a) your breach or violation of this agreement; (b) your use of, or inability to use, this website; (c) any transactions or other activities you engage in with any third party service providers, third party sites, or who you access by or through this website; and/or (e) your negligence or willful misconduct. In the event, you fail to promptly indemnify and defend such claims and/or pay Imaginal Web Design LLC's expenses, as provided above, Imaginal Web Design LLC shall have the right to defend itself, and in that case, you shall reimburse Imaginal Web Design LLC for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of Imaginal Web Design LLC's written requests.
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Usage
Photos obtained from this website may only be used commercially after you've purchased a license agreement and paid the associated fee. You agree, by the act of purchasing, to abide by the provisions set forth in each license agreement.
This website is intended to be available 24 hours a day. However, we will not be liable if for any reason this site is unavailable at any time or for any period. Access to this site may be suspended temporarily or permanently and without notice.
When you supply any personal information, you shall be deemed to have accepted the terms of the Privacy Statement.
The quality of our photos are of great importance to us. While every effort is made to supply a product which is as shown on this website, technical constraints may cause slight variations. The photos that appear on this website and on your computer screen is only a (generally lower quality) graphic representation of the actual product.
You are responsible and liable for all unauthorized access permitted by you or your users. You agree to make your best effort to notify Imaginal Web Design LLC immediately of any user whose access and/or future purchase history should be discontinued, and to immediately notify Imaginal Web Design LLC of any unauthorized use of any sign in or any other breach of security known to you.
You are solely responsible for monitoring the licensed use of and otherwise controlling all uses licensed content by your employees, representatives, agents, and business partners, and for any legal liability arising out of or relating to your failure to do so.
The Fee/Price Calculators are provided for purposes of establishing final pricing, unless the alternate method of a Custom Quote is used. Prices may be changed by Imaginal Web Design LLC at any time and without notice. However, since the ordering process involves up-front pricing and invoicing, no price changes will affect any open orders.
You warrant that you have supplied true information to Imaginal Web Design LLC to fully define the manner in which the photo license being purchased will be used, including the correct business name and end user. Only the rights described in the specific terms of the license are granted. No secondary rights whatsoever are granted or implied.
You accept full responsibility for understanding the all license details in either the Rights Managed License Agreement or the Royalty Free License Agreement.
No photo on this website comes with a model, trademark, logo or other intellectual property release. However, in some cases they may be acquired. You accept full responsibilities for assuring that your use of the photo does not involve the need for such releases.
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No Warranty
This website and its Content are provided on an "AS IS" basis. We do not warrant that this site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of this website or your downloading of any material.
All warranties, express, implied or statutory, are disclaimed - including, but not limited to, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and/or infringement of third party rights or arising out of a course of conduct or trade custom or usage. You understand and agree that the information and services on this site may contain bugs, errors, problems, or other limitations.
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Disclaimers
Imaginal Web Design LLC and its affiliated parties will not be liable for any damages of any kind arising from the use of this site. The functions and content of this Website are not warranted to be free of error or uninterrupted. No information or advice, whether oral or written, obtained from this website shall create any warranty or guarantee not expressly stated in this agreement. Although measures are taken to provide security for communications via this website, such security cannot be, and is not, guaranteed or warranted. The user, not Imaginal Web Design LLC, assumes the entire cost of any repair, correction, or servicing resulting from use of this website.
Imaginal Web Design LLC strives to make reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the content's accuracy, correctness or reliability.
Websites accessed by links from this website are not controlled by Imaginal Web Design LLC, so we are not responsible for any content, accuracy or opinions expressed in such website or any loss suffered by you in relation to your use of such websites. Inclusion of any linked web site on our website does not imply approval or endorsement of the linked website by us. You waive any and all claims against Imaginal Web Design LLC regarding the inclusion of links to outside websites or your use of those websites.
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Modifications
Imaginal Web Design LLC reserves the right to change these Terms Of Use, license fees, costs, and any information on this website at any time without prior notice. Your continued use of the website and/or the photos on the website after such changes indicates your acceptance of these Terms Of Use as modified. It is your responsibility to review the Terms Of Use regularly. These conditions set out the entire agreement between Imaginal Web Design LLC and you relating to your use of this website.
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Miscellaneous
This website (excluding linked sites) is controlled by Imaginal Web Design LLC from its office within the State of Oregon, USA. Both parties agree that this Agreement shall be deemed executed and performed by both parties in Eugene, Oregon. This Agreement shall be interpreted and enforced according to the substantive laws of the State of Oregon, without application of its conflicts or choice of law rules. Both you and Imaginal Web Design LLC irrevocably submit to the jurisdiction of the state and/or federal courts located in Eugene, Oregon for any action or proceeding regarding this Agreement, and waive any right to assert the doctrine of forum non-convenience or otherwise object to the jurisdiction or venue of the courts in Lane County, Oregon. Imaginal Web Design LLC makes no representation that materials on this website are appropriate or available for use in locations other than Eugene, Oregon, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so solely on their own initiative and are solely responsible for compliance with local laws.
Any cause of action by you with respect to this website and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.
No action of Imaginal Web Design LLC, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use.
If any clause in these Terms Of Use shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms Of Use shall be capable of continuing in effect without the unenforceable term.
To the extent that anything in or associated with this website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to damages and any other relief to which it is entitled.
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