Terms of Service

Date of Last Revision: March 2015.

 

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (the “Agreement”) CAREFULLY BEFORE USING ANY SERVICES (AS DEFINED BELOW) OFFERED BY EMPIRE IMAGES MEDIA LLC (“EMPIRE”, “WE” OR “US”) INCLUDING ANY OF OUR WEBSITES AND MOBILE APPLICATIONS (collectively, the “Site”). This Site is controlled and operated by Empire. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of this Agreement.

 

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions of this Agreement to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

 

Privacy

We have established a Privacy Policy to explain to users how their information is collected and used, which you can read on the Site. Your use of the Site and the services offered through the Site (the “Services”) signifies acknowledgment of and agreement to this Agreement as well as our Privacy Policy.

 

User Conduct

Without limitation, Empire reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

  1. You shall not use any portion of the Site or the Services for uploading, posting, emailing, transmitting or otherwise making available information that is unlawful, infringe on another’s intellectual property rights, or are harmful to minors in any way.
  2. You shall not attempt to interfere with any other person’s use of the Services.
  3. You shall not misrepresent your identity or impersonate any person.
  4. You shall not hold yourself out as sponsored by, endorsed by, or affiliated with Empire.
  5. You shall not use any portion of the Site or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
  6. You shall not use any portion of the Site or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
  7. You shall not attempt to gain unauthorized access to Empire’s database or other computer systems.
  8. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Empire in connection with the Site or the Services.
  9. You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Services.
  10. You shall not use any portion of the Site or the Services for any unlawful purpose.

 

All judgments concerning the applicability of these guidelines shall be at within our sole and exclusive discretion.

 

Proprietary Rights

The Site, its URL and its contents (collectively, the “Content”), including, without limitation, (i) all images, (ii) the Services’ Site’s text, illustrations, graphic material, designs, photographs, video or audio clips, (iii) the organization of our information and database, (iv) the designs, Trademarks (as hereinafter defined), service marks, and trade names displayed on the Site or within the Services, and (v) the Services are the property of the Company or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and intellectual property laws and treaties (collectively, “Intellectual Property Laws”). Any unauthorized use of any Content may violate Intellectual Property Laws and this Agreement. Except as expressly provided herein or in the Subscriber Terms of Service, Empire does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content. The Site, Services and their content may not be reprinted, electronically reproduced or otherwise exploited. Permission to otherwise reprint, copy, electronically reproduce, or use any content on the Site, in part or in whole, is expressly prohibited unless prior written consent is obtained from the Company or access to the document is accompanied by a statement specifically granting permission to the use the document. In order to obtain consent please visit our Contact Us page and send us an email.

 

“Trademarks” means all common law or registered trademarks, logos, service marks, trade names, domain names or other indications of origin now or in the future used by Empire. Nothing contained in this agreement grants you the right to use any Empire Trademark. You shall not (i) use Empire’s Trademarks in a manner which might tarnish, disparage, or adversely reflect on Empire or its Trademarks, (ii) contest or otherwise challenge, or assist any third party to contest or challenge, the validity of Empire’s Trademarks, (iii) use any Empire Trademarks (or any variants thereof, including any misspellings) as a domain name or as part of a domain name, (iv) adopt or use any word or mark which could be confused with Empire’s Trademarks, (v) use an Empire Trademark, logo, image or other Empire proprietary graphic to link to the Site without the Empire’s prior written consent and (vi) frame or hotlink to the Site or any image on the Site without Empire’s prior written consent.

 

Use of Content

Certain Content will be made available to users who pay Empire a fee for such content or enter into a subscription agreement or other use agreement for the Content. Unless you enter into a subscription agreement with Empire or another agreement for the use of such Content, you may not download, distribute, display and/or copy any Content. In no event shall you remove any watermark or copyright notices contained in the content. Empire reserves the right to revoke any license to use Empire Content at any time for any reason.

 

Limitations

You shall not (i) engage in any conduct that shall constitute a violation of any law or that infringes the rights of Empire or any third party, (ii) violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Agreement, (iii) violate the rights of Empire or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

 

Infringement Claims / DMCA Notices

If you believe that any image or other Content made available by Empire infringes upon any copyright that you own or control, you may notify Empire in the manner set forth in our DMCA Copyright Infringement Notice Policy.

 

Errors or Delays in Transmission, and Limitations on Services

EMPIRE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. EMPIRE is not responsible for typographical errors or omissions relating to pricing, text, or other materials that are displayed on the Site. Furthermore, while Empire attempts to ensure your access and use of the Site is safe, Empire cannot and does not represent or warrant that this Site or its server(s) are free of viruses or other harmful components.

 

Termination of Service

Empire may terminate your access to the Services with or without cause at any time and effective immediately, at Empire’s sole discretion, including but not limited to your failure to conform with the terms and conditions of the Agreement. Empire shall not be liable to you or any third party for termination of use of the Services. Upon termination, your right to use the Services shall cease immediately.

 

Disclaimer of Warranties

THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” EMPIRE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF EMPIRE’S SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR USE OF THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMPIRE ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF EMPIRE’S SERVICES OR THE SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EMPIRE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EMPIRE’S AGGREGATE LIABILITY ARISING OUT OF THE TERMS OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

 

Third Party Links

The appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by Empire, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Empire does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Empire is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Empire nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Empire will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. All other trademarks, product names, and company names or logos other than the Empire Trademarks, product names and company name or logo, used or appearing on the Empire website are the property of their respective owners.

 

Indemnification

You agree to indemnify, defend and hold harmless, Empire, its affiliates, and their respective officers, directors, members, managers, employees, agents, licensors, representatives from and against all losses, expenses, damages, penalties, and costs, including, without limitation, reasonable attorneys’ fees, due to or arising out of: (i) your breach of this Agreement, or your violation of any law or the rights of a third party; (ii) any material or information posted, provided, transmitted, or otherwise made available by you on the Site; or (iii) your access or use of the Site, its content or Services. Empire reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Empire in asserting any available defenses.

 

Disputes

If there is a dispute between participants on this Site, or any third party, Empire is under no obligation to become involved. In the event that User has a dispute with one or more members, user hereby releases Empire, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

 

Governing Law and Jurisdiction

This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the United States and the State of New York applicable to agreements made and to be entirely performed within the State of New York (even if your use is outside of the State of New York), without regard to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth above), any action at law or in equity arising out of or relating to the Site, the Services or these this Agreement shall be filed only in the state and federal courts located in the State of New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

 

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Severability

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

 

Entire Agreement

This Agreement constitutes the entire agreement between you and Empire and governs your use of the Site and Services, superseding any prior agreements between you and Empire with respect to the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Empire to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.