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WEBSITE TERMS AND CONDITIONS

Imagegate Stock Ltd. (“Imagegate”/“we”/“us”/“our”) operates this website located at www.imagegate.com (the “Site”). Please read these Terms and Conditions before using the Site. These Terms and Conditions combined with the Privacy Policy, the Copyright Policy the Royalty Free Image Use Policy and the Rights Managed Image Use Policy (the Royalty Free Image Use Policy and the Rights Managed Image Use Policy are sometimes individually and collectively referred to herein as the “License(s)”) comprise the agreement that governs your use of the Site and the use of any image (the “Agreement”). By using or accessing the Site, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Site.

We may change, suspend or discontinue the Sites or any feature thereof or we may shut down the Site at any time. We may also restrict your access to the Site without notice or liability to you. We hereby reserve the right, at our sole discretion, to modify these Terms and Conditions at any time by posting revised Terms and Conditions on the Site. You are responsible for checking the Site often for any such modifications. Your use of the Site following such modifications constitutes your acceptance of the terms and conditions of this Agreement as modified.

INTELLECTUAL PROPERTY
All content on the Site (e.g., text, graphics, photographs, images, moving images, sound, illustrations and software (individually and collectively “Content”), is owned by Imagegate and/or the creators of the Content. The Site (including the design and the Content) is protected by copyright, trademark and/or other laws relating to intellectual property rights. Except as explicitly permitted hereunder or under any License, no part of the Site or the Content may be copied or retransmitted via any means and the Site, the Content and all rights in the Site and the Content are the sole property of Imagegate and/or the creators of the Content.

Images may only be used commercially once you have entered into a License and paid the applicable fee. Our copyright notice and image number, which appear in every image file, must at all times remain with the digital copy of the image you license. You will retain the copyright notice, our name, the name of the creator of the image, the image number and any other information and/or metadata embedded in the electronic file that comprises any image that you have downloaded; your failure to maintain the foregoing information is a breach of this Agreement.

REGISTRATION AND USE OF THE SITE
In order to license an image, you must create a user name and password. You are responsible for all activity that occurs under your user name. You are responsible for maintaining the security and confidentiality of your user name and password. It is your responsibility to notify us immediately of any unauthorized use of your user name or password and you will be liable for any unauthorized use of the Site including, without limitation, any direct, indirect, or actual damages. You shall be responsible for ensuring that any and all equipment or ancillary services you use to connect to or access the Site including, without limitation, modems, hardware, software, and long distance or local telephone service, are compatible with the Site and the Services. We retain the right to create limits on use and storage in our sole discretion at any time with or without notice or liability to you.

You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any Content. You may not use the Site in a manner that would violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You will not upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site or any other activities conducted on or through the Site or any servers or networks connected to the Site.

YOUR INDEMNIFICATIONS
You agree to indemnify Imagegate, its subsidiaries, affiliates and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of this Agreement or your unauthorized use of the Content.

LINKS TO THIRD PARTY SITES
You may link to third party sites through the use of the Site and/or the Services. The third party sites are not under our control and we are not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. We are not responsible for webcasting or any other form of transmission received from any third party sites. We may provide these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by us of the third party site.

DISCLAIMERS
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WE EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOTHING CONTAINED ON THE SITE IS WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. SOME US STATES AND FOREIGN COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. THEREFORE, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED OR SUPERSEDED BY STATE OR NATIONAL PROVISIONS.

LIMITATION OF LIABILITY
NEITHER IMAGEGATE NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE ANY IMAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY US FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE.

MISCELLANEOUS

No modification of this Agreement shall be valid unless in writing and signed by Imagegate.
No waiver of any of the terms contained herein may be construed as a future waiver of any other term contained herein.
Should any provision contained herein be found unenforceable, the remainder of this Agreement shall remain in full force and effect.
This Agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction. This Agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.

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