PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE AND ITS PRODUCTS AND SERVICES.
Casual users of the Site may browse image files (the "Image(s)”) and license the Images (licensees are hereafter referred to as "Members”). By registering with Indigostock.com, Members agree to the following, as applicable (the "Agreement”):
Members must be at least 18 years of age. Indigostock.com may require that you provide sufficient proof of age or identity.
Member Warranties and Responsibilities
Member warrants that he or she has provided Indigostock.com with accurate, complete, and current member information. In the event that Member creates an account with Indigostock.com (an "Indigostock.com Account”), Member agrees to correct and update that information to ensure its accuracy and completeness at all times. Entering false Member information, or failing to comply with these Terms of Service, may result in the revocation of the license(s) granted to the Member, as well Member’s loss of account, services or privileges provided by Indigostock.com.
Members who create an Indigostock.com Account will receive a password. Each Member is entirely responsible for any and all activities conducted through his or her Indigostock.com Account. Member agrees to notify Indigostock.com immediately of any unauthorized use of Member’s password or account as well as of any other breach of security that may affect Indigostock.com.
An individual Member may only create one Indigostock.com account. This limitation may be waived by Indigostock.com if there is a pressing business or organizational reason for having more than one account. Please contact support for more information.
Upon creation of an Indigostock.com account, you may be asked to choose a Member name. Members may not select or use a Member name of another person or a name that violates any third party's trademark or other proprietary right, that is or may be illegal to use, that may cause confusion with respect to the person's identity or association with other entities, or that Indigostock.com deems in its discretion to be vulgar or otherwise offensive. Indigostock.com reserves the right to delete any vulgar, inappropriate or offensive Member name, or to require the deletion thereof.
Members whose accounts have been terminated by Indigostock.com may not access the Site without the express written permission of Indigostock.com. An active Member may not knowingly allow any terminated Member to use an active Member’s account.
Members shall indemnify, defend and hold harmless Indigostock.com, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of Member's warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) incurred by Indigostock.com as a result of such breach or breaches. Indigostock.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting Member’s indemnity obligations.
Control of Operations
Indigostock.com, in its sole discretion, may remove any Images uploaded to the Site including those appearing to infringe the intellectual property rights of other entities. Indigostock.com reserves the right, but does not assume the responsibility, to restrict conduct which Indigostock.com deems in its discretion to be harmful to individual Users, damaging to the communities that use Indigostock.com, or in violation of Indigostock.com's or any third party's rights.
Indigostock.com expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
Limitation of Liability
Member acknowledges that Indigostock.com shall not be liable to Member or any third party for any claims and/ or damages arising from Member's use of Images. Indigostock.com shall not be liable to Member for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Indigostock.com has been advised of the possibility of such damages.
Any Member may terminate his or her Indigostock.com account at any time with or without cause by notifying Indigostock.com's support staff of Member’s desire to do so. Indigostock.com may terminate any Member account at any time, for any reason or no reason. Member accounts that are not accessed (logged into) for more than two years may be deemed terminated at the discretion of Indigostock.com.
Any conduct by Members that, in Indigostock.com’s sole discretion, restricts or inhibits any other person or entity from using or enjoying Indigostock.com or another service, is strictly prohibited and may result in the termination of a Member’s account without further notice. In the event that a Member’s account is terminated due to impermissible conduct or fraud, access to Indigostock.com services, accounts, and commissions, as applicable, is immediately forfeited.
If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable by either party. To the extent any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overly broad or overly restrictive, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this paragraph is reasonable and necessary to assure that the intent of the parties is carried out.
By using the Site, users hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. Users further agree that this Agreement is the complete and exclusive statement of the understanding between the user and Indigostock.com. Unless otherwise agreed to in writing in a separate signed agreement, this Agreement supersedes any proposal or prior agreement, oral or written, and any other communication between users and Indigostock.com relating to the subject matter of this Agreement.
Revision of Agreement
Indigostock.com may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Site. Users agree to review this Agreement upon notice of such revision, and any further use of the Site shall constitute agreement to the terms as modified. If any such revision is unacceptable to users, they may terminate their membership by notifying Indigostock.com Member Support of same. Notice of termination will be effective upon return receipt or notification by Indigostock.com.
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