TERMS AND CONDITIONS OF USE - VisualMedia website

Your Agreement with VisualMedia

Welcome to the VisualMedia website. Following are the terms and conditions that govern your use of this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND VISUALMEDIA ("VISUALMEDIA" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

Ownership of This Website

This website is owned and operated by VisualMedia. 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 VisualMedia, its licensors and its content providers.

All elements of the site, including, but not limited to, the general design and the content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with VisualMedia 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 VisualMedia or its licensors unless otherwise expressly agreed. You shall indemnify VisualMedia, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Disclaimers

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND VISUALMEDIA EXCLUDES 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. VISUALMEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOTVISUALMEDIA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither VisualMedia 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 this website or the Content whether or not we have been advised of the possibility of such damages.

VisualMedia uses 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.

There may be links to other websites from the VisualMedia site. These other websites are not controlled by VisualMedia and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against VisualMedia regarding the inclusion of links to outside websites or your use of those websites.

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.

You will receive a username and password upon completing the Service's registration process which includes your acceptance of these Terms and Conditions. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You must notify VisualMedia of any unauthorized use of your password or account or any other breach of security. VisualMedia cannot be liable for loss or damage arising from your failure to comply with these condition.

You agree that VisualMedia, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, if VisualMedia believes that you have violated or acted inconsistently with the letter or spirit of the terms and conditions. VisualMedia may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that VisualMedia may immediately deactivate or delete your account and all related information and files in your account and / or bar any further access to such files or the Service. Further, you agree that VisualMedia shall not be liable to you or any third-party for any termination of your access to the Service.

No action of VisualMedia, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of use. Should any clause of these Terms and Conditions of use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Photographers Copyright

VisualMedia accepts content from third parties for distribution to the media on the understanding that they have either been granted full copyright or a licence to distribute images to the media for an indefinite period. VisualMedia will not be responsible for any infringement of photographers copyright arising from the supply of images to VisualMedia by a third party for hosting. Wherever an image is supplied by a third party containing information in the copyright field of the Jpeg document, this information will remain unchanged. Where the copyright field is blank, it will be assumed that the images are the copyright of the direct supplier.

We reserve the right to change these Terms and Conditions of Use, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between VisualMedia and you relating to your use of this website.

© Copyright 2001 VisualMedia All rights reserved. Terms and Conditions of Use.