Terms of servicePLEASE READ THIS CAREFULLY. BY USING OR ACCESSING MAXIMIMAGES.COM (“Website”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS (“Terms of Service”) DESCRIBED HEREIN. IF YOU DON'T ACCEPT THE TERMS OF SERVICE, DON'T USE THIS WEBSITE.
These Terms of Service apply to you, and if you are using this Website on your employer's behalf, to you and your employer. The Terms of Service don't alter MaximImages' License Agreement in any way, and in the event of a conflict between the Terms of Service and the License Agreement, the License Agreement shall prevail.
By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Service.
This Site is owned and operated by MaximImages. Unless otherwise indicated, all of the content displayed on this Website, including, but not limited to, photographs, illustrations, text, graphics, software and related information (collectively referred to as “Content”), is owned by MaximImages. All elements of this Website, including the Content, are protected by copyright, trade dress, moral rights and other intellectual property rights. Except as explicitly permitted under these Terms of Service or MaximImages' License Agreement (if any), no portion or element of this Website or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of MaximImages.
You may not use this Website or the Content for any purpose not related to your business with MaximImages. You are prohibited from downloading, copying, distributing, re-transmitting, "crawling", “scraping” any parts of this Website or the Content without a written license or agreement with MaximImages. You are prohibited from testing vulnerabilities and violating mechanical restrictions and access limitations of the Website. You may not register or attempt to register any party on this Website if you are not expressly authorized by such party to do so. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of data.
For the protection of MaximImages and the Content, the Content may be visibly or invisibly watermarked and include data that allows tracking and monitoring unauthorized uses of the Content. You shall not knowingly remove or disable any such technology or data.
MaximImages reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from MaximImages. Additionally, you are responsible for backing up your data and any Content you have licensed from the Website. MaximImages provides no warranty or guarantee that the Content will be available for the duration of your license.
Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle MaximImages to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. MaximImages reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties MaximImages may be entitled to under MaximImages' License Agreement and applicable laws.
The Website and the Content are provided "As Is". MaximImages does not make any warranties, express or implied, regarding the Content, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
In no event MaximImages, its directors, employees, licensors, agents will be liable for any damages, costs or losses arising from the use of the Website or the Content or the unavailability of the Website or the Content.
In no event shall the aggregate liability of MaximImages, its directors, employees, licensors and agents, arising from your use of the Website, exceed any compensation you pay, if any, to MaximImages for access to or use of the Website.
Although MaximImages takes precautions to protect all personal and confidential information, MaximImages give no guarantee or warranty that such information stored or transmitted to and from the Website will be maintained confidential and secure. MaximImages assumes no liability or responsibility pertaining to the storage, transmission and other use of personal and confidential information provided by you.
Reasonable efforts are made to ensure the accuracy and reliability of the Content and the related information, but MaximImages provides no warranty or guarantee as to the accuracy, correctness and reliability of the Content and the related information.
You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
When applying for an account at MaximImages you agree to provide true and accurate and complete information required on the registration form of the Website ("Your Profile"). You agree to keep Your Profile current and accurate for the duration of use of the Website. You agree to maintain security of your account and your password and notify MaximImages immediately of any unauthorized use of your account. You agree to accept all responsibility for any activities that occur under your account and accept all risks of unauthorized access to Your Profile and you agree to be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify MaximImages of any unauthorized use. MaximImages will not be liable for any damages, costs or losses arising from your failure to follow these obligations.
People under the age of 18 are not eligible to use and register on this Website. By using this Website you warrant that you are 18 years of age or older.
Comp Use of Images
MaximImages grants you a limited license to download preview images of the Content (“Comps”) solely for evaluating purposes limited to a period of sixty (60) days from the date of download solely to determine whether you intend to obtain a non-Comp license of the Content. You may not use Comp images in any final materials, whether printed or electronic or distribute them in any form or medium except for the limited internal testing and evaluation purposes.
MaximImages reserves the right to terminate any licenses granted to you without notice if you fail to comply with any provision of these Terms of Service or with the License Agreement applicable to your use. In the event of your license termination, you agree to immediately stop using this Website and the Content and delete all Content and its copies obtained by you from this Website.
Any dispute regarding these Terms of Service shall be governed by the laws of Ontario, Canada, and the parties agree to accept the exclusive jurisdiction in Ontario, Canada, regardless of conflicts of laws. The parties hereto confirm that it is their wish that the Terms of Service as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between MaximImages and you for breach of these Terms of Service where MaximImages prevails, MaximImages shall be entitled to recover its reasonable attorneys' fees, legal expert fees, court costs, and other legal expenses. This agreement, its validity and effect, shall be interpreted under and governed by the laws of Ontario.
You acknowledge that you have read these Terms of Service and understand them, and you agree to be bound by all these terms and conditions. No action of MaximImages, other than the express or written waiver or amendment, may be construed as a waiver or amendment of these Terms of Service. No purchase order or similar document issued by you shall modify these Terms of Service and the License Agreement, if any, even if signed by MaximImages. If any provision of the Terms of Service is found invalid or unenforceable, the remainder of the Terms of Service shall remain valid and enforceable according to its terms.
Notwithstanding any of these Terms of Service, MaximImages reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your access to the Website.
MaximImages reserves the right, in its sole discretion, to modify any of the terms and conditions contained in the Terms of Service or any policy or agreement of the Website. Any modifications will be effective immediately upon posting on the Website. Your use of the Website constitutes your acceptance of the Terms of Service present on the Website at the time of your use of the Website.
July 20, 2012