Site Usage Policies

Your Acceptance of this Legally Binding Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement.

This agreement applies to you, and if you are using this web site on your employer's behalf, to you and your employer. IMAGEZOO MEDIA INC. (ìIMAGEZOOî) reserves the right to change this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement do not accept this Agreement and do not use this site or download or use any Images.

Website Ownership

This website is owned and operated by IMAGEZOO.  All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by IMAGEZOO, its licensors and its content providers.

All elements of IMAGEZOO websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with IMAGEZOO or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of IMAGEZOO or its licensors unless otherwise expressly agreed.

Notification of Copyright Infringement

IMAGEZOO may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on IMAGEZOO's site, send IMAGEZOO a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the IMAGEZOO site; (iv) information sufficient to permit IMAGEZOO to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

IMAGEZOO for notice of claims of copyright infringement can be reached as follows:

info@imagezoo.com  or 1-877-274-6243

License to Content

You are provided with a limited, personal, non-transferable, non-exclusive license to access, view, read, download and print one copy of the Content, except for Third Party Content and Content that is indicated for sale or that is indicated for distribution pursuant to a separate license agreement (the "Licensed Material"). Except as otherwise provided herein or in another written agreement with IMAGEZOO or its Licensors, you may access, view, read, download and print the Content (excluding the Third Party Content and Products") subject to the following conditions:

1. You may use the Content solely for personal, informational, and internal purposes;
2. You may not bundle, sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, the Content, or any part thereof;
3. You may not copy, edit, modify, adapt, create derivative works, translations, adaptations or arrangements, republish, transmit, merge, reverse engineer, decompile or disassemble the Content, or any part thereof;
4. You may not use the Content, or any part thereof, or output therefrom, for the direct benefit of any third party, nor shall you charge or receive, either by direct or indirect payment, or by trade of service, compensation, or fees from any third party, for the use of the Content or output therefrom;
5. You may not alter, remove, or destroy any proprietary markings, or confidentiality legends, or notices placed on, or contained within, the Content; or
6. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of IMAGEZOO or its licensors or allow any third party to access the Content.

IMAGEZOO reserves the right to revoke the authorization to access, view, read, download and print the Content available on the web site at any time and for any reason, and any such use shall be discontinued immediately upon notice from IMAGEZOO. The rights granted to you herein constitute a license and not a transfer of title.

 Model and Property Releases/Clearances

The rights IMAGEZOO grants to you do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by IMAGEZOO. IMAGEZOO makes no representations or warranties that it owns or licenses any rights nor does IMAGEZOO grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, IMAGEZOO makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by IMAGEZOO. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.

An Image designated as "model released" means that the person depicted in the Image has signed a release permitting reproduction of the Image depicting such person, subject to the restrictions contained in this Agreement, including without limitation sensitive subject uses. If IMAGEZOO erroneously advises you that an Image is model-released when it is not, IMAGEZOO' liability shall be limited to the amount you paid IMAGEZOO for use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by IMAGEZOO is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide IMAGEZOO with proof of such releases and permissions upon request.

Disclaimer of Warranties

IMAGEZOO PROVIDES YOU WITH ITS SITE AND IMAGES ON AN "AS IS" BASIS. IMAGEZOO MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, ITS SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER IMAGEZOO NOR ANY IMAGEZOO AFFILIATE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.

Limitation of Liability

IMAGEZOO assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the web site, regardless of cause.

IMAGEZOO, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE IMAGEZOO.COM WEB SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF IMAGEZOO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

ALTHOUGH IMAGEZOO TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND IMAGEZOO MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE IMAGEZOO.COM WEB SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. IMAGEZOO ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO IMAGEZOO, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND IMAGEZOO.

IN NO EVENT SHALL IMAGEZOO, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO EVENTS BEYOND THE REASONABLE CONTROL OF IMAGEZOO, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY WEB SITES AND THIRD PARTY CONTENT (INCLUDING PRODUCTS AND SERVICES), EVEN IF IMAGEZOO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

IMAGEZOO, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO IMAGEZOO IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT IMAGEZOO'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT.

Indemnification

You agree to indemnify, defend, and hold harmless IMAGEZOO against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Content either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of any Content, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.

User Acknowledgements

You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content is provided by third parties and that IMAGEZOO cannot control such content.

Your Account

You acknowledge and agree that the account provided by IMAGEZOO to you so that you may access, utilize or otherwise enjoy the web site, and the password selected by and used by you in conjunction with the account to access, utilize or otherwise enjoy the web site, are to be kept secret and confidential. You shall not disclose your account information, including your account number, account name, or password to any other party without the express written permission of IMAGEZOO. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by IMAGEZOO, and that IMAGEZOO is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content.

You acknowledge and agree that you are fully responsible for maintaining the confidentiality of your account information, including your account number, account name, and/or password, if applicable. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. If you suspect you are being impersonated, contact info@imagezoo.com immediately. IMAGEZOO reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of IMAGEZOO and its members.

Restricted Access

You agree that you will not attempt to enter restricted areas of IMAGEZOO's computer system or perform functions that you are not authorized to perform pursuant to this Agreement. IMAGEZOO may, without notice, temporarily or permanently suspend your access to the web site and the Content by deactivating your account or password if IMAGEZOO reasonably suspects that you are using the account or password to obtain unauthorized access to IMAGEZOO's other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. IMAGEZOO may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Amendments to the Web Site

You agree and acknowledge that IMAGEZOO may modify any or all of the imagezoo.com web site at any time and that the web site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.

Termination of this Agreement

This Agreement is effective until terminated by IMAGEZOO, in its sole and absolute discretion. IMAGEZOO may terminate this Agreement without notice to you and will do so if you use or attempt to use the web site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by IMAGEZOO shall be in addition to and without prejudice to such rights and remedies as may be available to IMAGEZOO, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate.

The Ownership of Content and Intellectual Property Protection, Collection and Use of Information About You, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Termination provisions of this Agreement shall survive the termination or expiry of this Agreement.

Trademark Information

You may not use the trademarks or service marks of IMAGEZOO without IMAGEZOO' prior written consent. IMAGEZOO and the IMAGEZOO logo are registered trademarks of the IMAGEZOO MEDIA, INC.

Third Party Web Sites

This site links users to sites not maintained by IMAGEZOO. You are advised that any use of a linked web site and any use of or reliance upon Third Party Content (including products and services) available at such sites is solely at your own risk. In providing links to the other sites, IMAGEZOO is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. IMAGEZOO cannot and does not make any representations or warranties with respect to any Third Party Content (including products and services) available through these links and disclaims all liability relating to your use of or reliance upon any Third Party Content (including products and services) available at or through such sites and disclaims any opinions expressed on such web sites. Links to other web sites or references to Third Party Content (including products and services) or publications other than those of IMAGEZOO do not imply the endorsement or approval of such web sites, Third Party Content (including products and services) or publications by IMAGEZOO.

General Legal Terms and Conditions

No delay or failure by IMAGEZOO to exercise any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such right, or any other rights hereunder. Any consent by IMAGEZOO to or any waiver of, a breach of any express or implied term of this Agreement, shall not constitute a consent to, waiver of, or excuse of any subsequent or other breach of any express or implied term of this Agreement. No waiver, alteration, or modification by IMAGEZOO of any of the provisions of this Agreement shall be binding unless in writing signed by a duly authorized representative of IMAGEZOO against which enforcement of such waiver, alteration, or modification is sought. If any term, covenant, or condition of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, or condition of this Agreement shall be valid, and be enforced to the fullest extent permitted by law.

This Agreement shall be interpreted and enforced in accordance with the laws of British Columbia, Canada, without regard to the conflict of law principles applicable therein. Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of British Columbia. The application of the UN Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time, is expressly excluded.

Refund and Return Policy

All sales are final.  IMAGEZOO does not accept returns or provide refunds.

International Users

The imagezoo.com web site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that IMAGEZOO intends to market, promote, or distribute such Content, including products and services, in your country.

The imagezoo.com web site is controlled, operated, and administered by IMAGEZOO from its offices within Canada. IMAGEZOO makes no representation that the web site, or the Content available therein, are appropriate or available for use at other locations outside Canada, and access to the web site from countries or territories where the web site or any of its Contents are illegal is prohibited. If you access the web site from a location outside Canada, you are responsible for compliance with all local laws.

Privacy

IMAGEZOO MEDIA INC. and its affiliates respect your ability to make informed choices about the collection and uses of your personal information. This privacy policy tells you about our online collection and uses of information that identifies you personally so that you can make an informed choice about using this site. The terms of this policy apply to imagezoo.com and other sites which IMAGEZOO hosts or operates, unless different terms are specified in a form or contract provided to you online or off-line. Business users should refer to the terms and conditions of service/sale for any specific conditions governing IMAGEZOO' s use of business information. Those terms and conditions take precedence over this policy, and apply to all businesses, including sole proprietorships and other small business enterprises.

The websites of IMAGEZOOís' third-party content providers may have different privacy policies and practices from those disclosed here, and we encourage you to become familiar with them. This site is operated by IMAGEZOO in Canada. By using this website, you understand and agree that (1) the information collected from this site may be retained indefinitely, and may be stored, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction; (2) IMAGEZOO may use this information for a variety of purposes including direct marketing (unless you opt out of receiving direct marketing from IMAGEZOO); (3) IMAGEZOO may disclose this information to affiliates, subsidiaries, agents, third party content providers, and necessary payment processors, whose privacy policies and practices may be different from those of IMAGEZOO, and for which IMAGEZOO assumes no responsibility; (4) information about our customers, including personal information, may be disclosed as part of any merger, sale of the company assets or acquisition as well as in the unlikely event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company; and (5) we reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

Information Collected From This Website

 

When you visit this website, some information, such as the site that referred you to us, your IP and email address, and navigational and purchase information, may be collected automatically as part of the site's operation. This information is used to generate user profiles and to personalize the website to your particular interests. On some occasions we may ask you to provide information on online forms. For example, we may ask for your username, password, place of birth, full name, telephone number, email address and postal address, or other information to register online, or for your credit card number or other personally identifying information to fulfill licensing transactions or to receive products or services. We may also ask you about your age, hobbies, income, gender or other information to participate in surveys or other online activities. Providing information on online forms is always voluntary, and you are free not to complete any online forms. If you choose not to, however, some products and services may not be available to you.

How We Use Your Information

 

The information collected online is stored indefinitely and is used for various purposes, including processing your transactions, customer service, product and service development, direct marketing and marketing analysis, facilitating your use of this website, and customizing your image selection to your particular interests. The information we collect may be shared with our subsidiaries, agents, third party content providers, affiliates, and selected other entities for similar purposes. For example, when you fill out an online registration form on an IMAGEZOO website you may be registered on a number of IMAGEZOO visual content provider websites. That is, your user name and password are carried across these sites, allowing you to use the same name and password to sign in (although you will still be required to enter billing information to make purchases on those sites).

In addition, unless you opt out of receiving promotional materials from IMAGEZOO, we may notify you of special promotions, new products or services, or other information that may be of interest. (See Opting Out section, below.)

About Cookies

 

When you visit an IMAGEZOO website, such as imagezoo.com, we place a text file called a cookie in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and purchase activity. Cookies offer you many conveniences. They allow IMAGEZOO, and certain of its subsidiaries and third party content providers, to recognize information, such as the Lightboxes you have created, and assist in determining what content is best suited to your needs. Cookies also allow you to retrieve previous image search results, access Lightboxes with ease and view your previous invoices.

Most browsers allow you to decline cookies, but if you elect to do so, these pages may not display properly. You are free to delete cookies after your session, and your browser should contain instructions on how to do this.

Opting Out

 

If you do not want to receive promotional information from IMAGEZOO, you can opt out by un-checking the appropriate box on your online registration form, or in the event an online registration form is not available, by notifying IMAGEZOO. If you did not opt out when you registered, and later decide that you are not interested in receiving this information, you can opt out at any time by sending an email to info@imagezoo.com. Please note that if you opt out of receiving promotional material from IMAGEZOO, you still may receive such material from our, third party content providers, affiliates and other parties to whom we provide your information in the course of doing business, as explained above.

Reviewing, Updating or Correcting Your Information

 

If you would like to review or revise information you previously provided on an online form, or believe that what we currently have on record is incorrect, you may update your information in the My IMAGEZOO section of this website.

Links to Other Websites

 

The sites to which we link, including but not limited to the sites of subsidiaries and third party content providers, may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of linked sites and encourage you to become acquainted with them. 

Children

We do not intend to either solicit or collect personal information from anyone under the age of 13. If you are under 13, you should not use or enter information on this website.

Questions or Concerns

If at any time you believe that IMAGEZOO has not followed the above policy, please let us know by sending an email to info@imagezoo.com. We will make reasonable efforts to identify and correct any problem.

Changes to This Online Privacy Policy

We reserve the right to change the terms of this privacy policy at any time, but will not do so without posting the revised policy on this website. We encourage you to review this privacy policy whenever you visit our website to make sure you understand how we use the information we collect.

Contact Us

You may contact IMAGEZOO MEDIA, INC., toll free in North America, at (877) 274 6243 or by e-mail at info@imagezoo.com.