Acceptable Use Policy

Click here to review our Privacy policy

TERMS AND CONDITIONS OF USE

Welcome to the ImageMarket.NET internet site (the "Site"). Image Market, Inc. ("IMI"), owner of the Site provides services to you subject to the following Terms and Conditions of Use ("Terms and Conditions"). IMI reserves the right at any time to modify, alter or update these Terms and Conditions of Use without prior notice and you agree to be bound by such modifications, alterations and/or updates.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING THE SITE OR ANY OF THE SERVICES.

Ownership of Site

This Site is owned and operated by IMI. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by IMI, its licensors or its third-party image partners.

All elements of IMI Sites, 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 written license or agreement with IMI, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of IMI, its licensors or its third-party image partners. You shall indemnify IMI, 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 these Terms or your unauthorized use of the Content or Site.

Use of the Site

The materials and services provided on the Site are for adults only.
All visitors to the Site are subject to basic rules of conduct while using and accessing the services provided on the Site. By using and accessing the Site you agree to:

1. Refrain from violating applicable federal, state and international laws;
   
2. Refrain from using the services provided on the Site to send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual;
   
3. Refrain from using the services provided on the Site to harass, threaten, stalk or abuse users of the Site;
   
4. Refrain from using the services provided on the Site to harm minors;
   
5. Refrain from interfering with others' use of the Site;
   
6. Refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site;
   
7. Refrain from using the services to create a false identity or to impersonate another person;
   
8. Refrain from using the services to advertise Internet sites or services which are competitive to this Site.

These rules are only the minimum level of conduct that we expect at the Site. We also ask that you use common sense and be considerate towards other users. We reserve the right to, at our discretion, revoke or suspend usernames, passcodes or other permissions used to access the services provided on the Site, if you violate the aforementioned rules of conduct or engage in other offensive conduct.

Web Site Submission Acceptance

The receipt of a web site submission to any directory owned by IMI does not constitute the acceptance of a submission. IMI reserves the right, without prior notification, to remove any Web Site submitted to an IMI directory and/or refuse service to any customer. Verification of information may be required prior to the acceptance of a submission acceptance. Terms and conditions of web site submission and participation in any IMI directory are subject to change without notice. We also reserve the right to limit the number of categories any one member or web site appears under.

Copyrights, Trademarks and other Intellectual Property

"Image Market" is a pending trademark of IMI. All other trademarks logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site except as provided in these Terms is strictly prohibited.

All material and content contained on the Site, including, but not limited to graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons, the compilation of all content on the Site, are the property of IMI, its Members and/or third parties and is protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to IMI, its Members and/or third parties. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You agree to (i) abide by all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) make no modifications to the materials on the Site, (iii) not download quantities of materials to a database that can be used to avoid future downloads from the Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on the Site. You acknowledge that you do not acquire any ownership rights by downloading material from the Site.

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by IMI or third party licensors for your personal, noncommercial use only. We do not transfer title of the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Except for allowing individuals to use the Site for personal, noncommercial use explained above, users are not granted a license or any other rights from IMI, including the intellectual property rights or other proprietary rights of IMI, its members or third parties.

Copyright Infringement

IMI will, in appropriate circumstances, terminate the accounts of users who infringe upon the intellectual property rights of others. If you believe a work on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our IMI with a written communication containing the following information:

(a) evidence of your authorization to act on behalf of the owner of the copyrighted work;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the alleged infringing material is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(g) your physical or electronic signature.

Send notice of claims of copyright infringement to:

Image Market Inc.
PO Box 5881
Beverly Hills, CA 90209-5881

Posted Content

As part of your use of the Site, you may upload, post, distribute or disseminate (collectively, "post") samples of your work, images, videos, animation, files, data, information and other content and material (the "Posted Content") on the Site. You hereby grant IMI an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content on the Site and to promote and advertise the Site. In connection with the operation and promotion of the Site, you agree that IMI has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content and to incorporate it in other works in any form, media, or technology now known or later developed regardless of the medium, technology, or form in which it is used. For example, IMI may use the Posted Content to promote your material and the Site as part of a screen option, demonstration or brochure. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post sexually-explicit images or statements; (f) post any unapproved advertisement, chain letter or pyramid scheme; or (g) post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. IMI allows Members to update Posted Content on their member pages at any time; provided that such Posted Content be new. You agree not to misuse the "update" button simply to appear on the ImageMarket.NET homepage. IMI may deactivate a Member's page, delete the page from the Site without refunding the membership fee, or take any other actions it deems appropriate under these Terms and Conditions if a Member misuses the update function. IMI does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. IMI does not confirm that each user is who he or she claims to be. IMI exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred IMI is no way liable for such misuse. Because IMI is not involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release IMI (and its members, agents and employees) from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. IMI acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If IMI becomes aware of any Posted Content that allegedly may not conform to these Terms and Conditions, IMI may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms and Conditions. IMI has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, harmful, inaccurate, mislabeled or deceptively labeled. IMI expects that you will use caution and common sense when using the Site. IMI HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST IMI FOR SUCH REMOVAL AND/OR DELETION. YOU ACKNOWLEDGE THAT THERE MAY BE A FIXED UPPER LIMIT ON THE AMOUNT OF STORAGE SPACE THAT YOU MAY USE TO POST CONTENT AND THAT IMI MAY BE REQUIRED TO COMPRESS OR PERFORM OTHER TECHNICAL PROCESSING OF YOUR POSTED CONTENT. IMI IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

Job Listings

The Job Listings may be used only by individuals seeking employment and career information and employers seeking job candidates. You agree that, in addition to abiding by the other terms and conditions you will not use the Job Listings to post any non-employment related information. IMI is not involved in any actual transaction between employers and job candidates. As with other Posted Content, IMI has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to job candidates or the ability of job candidates to fill job openings. You assume all risks associated with dealing with other users, including but not limited to, prospective employers and employees.

Indemnity

You agree to indemnify, defend and hold harmless IMI, its affiliates, officers, directors, subsidiaries, employees, agents, suppliers, affiliates and co-branders and other partners from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Site and/or any material or content you submit, post, download or transmit through the Site; (ii) your breach of these Terms and Conditions of Use or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives the termination of these Terms and Conditions.

Disclaimer of Warranties

THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND IMI AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES 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. BY USING THIS SITE YOU ACKNOWLEDGE THAT IMI WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU FURTHER ACKNOWLEDGE THAT IMI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT IMI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.

IMI uses reasonable efforts to ensure the accuracy, correctness, completeness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness, completeness or reliability. Images of people or places displayed on the Site are either the property of, or used with permission by, IMI or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes.

There may be links to other websites from this Site; however, these other websites are not necessarily controlled by IMI and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against IMI regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than IMI provide services from this Site. For example, you may obtain information regarding certain photographer's services through IMI Photo Assignments. IMI does not evaluate or warrant the offerings or services of these parties, and except as otherwise provided by written agreement, does not assume any liability for the actions, product, services or content of these parties.

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

USERS EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER IMI NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYERS OR MEMBERS ARE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS; AND (6) ANY OTHER MATTER RELATING TO THE SERVICE. IMI's LIABILITY SHALL BE LIMITED TO THE GREATER OF THREE HUNDRED UNITED STATES DOLLARS OR THE UNUSED PORTION OF YOUR MEMBERSHIP FEE IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.

THE AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF OUR SITE IS LIMITED TO $1. YOU AGREE TO INDEMNIFY AND HOLD IMI, IT'S CUSTOMERS AND BUSINESS PARTNERS HARMLESS FROM ALL DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES ARISING OUT OF OR RELATED TO YOUR BREACH OF THIS AGREEMENT.

WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE, IMI's LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO THE REPLACEMENT OF DEFECTIVE GOODS, OR, AT IMI's ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. SOME ITEMS MAY BE NON-REFUNCABLE OR EXCHANGEABLE AT THE SOLE DISCRETION OF IMI. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

No Waiver, Severability

No action of IMI, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions, the Content displayed on this Site, any license or product prices contained on the Site and any information or license terms without prior notice. These Terms and Conditions set out the entire agreement between IMI and you relating to your use of this Site.

Third Party Websites

Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links. Third party sites are not within the supervision or control of IMI and these links are provided as a convenience to users only. IMI makes no representations or warranties whatsoever about any third party site that is linked to the Site. A link to a third-party site from the Site, does not constitute an endorsement of the products or services offered on such site. IMI disclaims all responsibility and liability for content on third party websites.

We have not taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Your access and use of these sites, including the information, material, products and services located thereon, is solely at your own risk.

Passwords & Security

Upon becoming a Member of the Site, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use the Site in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release IMI from any and all liability concerning such transactions or activity. You agree to insure that you exit from your account at the end of each session and to immediately notify IMI immediately of any actual or suspected loss, theft or unauthorized use of your account or password. IMI has no obligation to inquire as to the authority or propriety of anyuse of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. IMI will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

Users are prohibited from violating or attempting to violate the security of IMI, including attempts to:

a) access data not intended for them or logging into a server or account which the user is not authorized to access
b) probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
c) interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, flooding, spamming, mail-bombing or crashing
d) send unsolicited e-mail, including promotions and/or advertising of products or services
e) forego any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
f) use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from IMI and generally available third party Web browsers
g) decipher, disassemble or reverse engineer any of the software comprising or making up any part of this site
h) aggregate, copy, duplicate, frame or link to in any manner any of the materials or information available from IMI
i) use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on it, including any action which imposes an unreasonable or disproportionately large load on the site's infrastructure

Violations of system or network security may result in civil or criminal liability. IMI will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Membership / Billing

The renewal charge shall be equal to the original annual membership fee, unless otherwise notified in advance by IMI. Member will have thirty (30) days after the date that any renewal fee is posted to Member's charge account to give notice that Member wishes to cancel the membership. The membership will be cancelled upon receipt of such notification and a credit will be posted to Member's charge account equal to the latest renewal fee charged.

Member's right to use the site is subject to any limits established by IMI or by Member's credit card issuer. If payment cannot be charged to Member's credit card or Member's charge is returned for any reason, including chargeback, IMI reserves the right to either suspend or terminate Member's access and account, thereby terminating this Agreement and all obligations of IMI hereunder.

If Member has reason to believe that Member's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Member's ID, password, or any credit, debit or charge card number stored) notify IMI of the problem to avoid possible liability for any unauthorized charges to Member's account.

We may add, delete or change some or all of the services provided for free as part of the membership at any time. You will be notified of any charges and given the option to continue to use or to terminate your account. You will be responsible for all charges for using these additional services if you choose to continue use.

You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that you incur to access your membership account. You may not transfer or share your membership account with any other party.

Termination

IMI reserves the right to reject your membership or suspend or terminate your access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. The Terms of Use will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to IMI.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of California in Los Angeles County. Users of this Site agree that any and all disputes arising from the use of this Site, or the ordering of materials from this Site, shall be settled by binding arbitration. Notwithstanding the foregoing, however, IMI shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of IMI, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.

Modifications to Agreement or Service

IMI reserves the right at any time to modify or discontinue, temporarily or permanently, all or any part of the service with or without notice. You also agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our service. In addition, we may amend this agreement by posting the amended version on the site and making it available via a link from our home page. You agree that any continued use of this site after such amendment shall signify your acceptance of any such amendment. Otherwise, this agreement may not be amended except in a writing signed by both parties.

Entire Agreement

These Terms and Conditions (including the Privacy Policy), as modified from time to time, constitute the entire agreement between you and IMI with respect to the subject matter hereof. These Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. JOINT VENTURE Nothing in these Terms and Conditions of Use shall constitute or create a joint venture, partnership, or any other similar arrangement between you and IMI. Neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms and Conditions.

Assignability

These Terms and Conditions will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. IMI may assign these Terms and Conditions in whole or in part at any time without your consent. You may not assign these Terms and Conditions or delegate any of your obligations hereunder.

Notice to Company

Any notice to IMI that is required or permitted by these Terms and Conditions shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to Legal@ImageMarket .net or when delivered in person or mailed by first class, registered or certified mail, postage prepaid, to Image Market, Inc., PO Box 5881, Beverly Hills, CA 90209

Miscellaneous

No failure of IMI to enforce any of its rights under these Terms and Conditions will act as a waiver of such rights. IMI shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IMI's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and be enforceable. Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this site. 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 service or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.