imagewall.com Terms of Use

ImageWall operates this Website, www.imagewall.com (the "Website") and related software and documentation (collectively the "Software"), to provide information, related features and services (collectively the "Services"). The terms and conditions set forth herein (the "Terms of Use") constitute a legally binding agreement between ImageWall and you regarding the terms on which ImageWall offers you access to Services.

By accessing and using the Services, you agree to be bound by these Terms of Use and all applicable laws and regulations governing the Services. If you do not agree with any of the Terms of Use, you are not authorized to access or use the Services for any purpose.

1. Intellectual Property Rights/Limited License

The information, materials, forms, and data available through or displayed on the Services (the "Content") is the property of ImageWall or its licensors and is protected by copyright and other intellectual property laws. Subject to these Terms of Use, ImageWall grants you a non-exclusive, non-transferable, limited license to display, access and use the Services and the Content. You may not rent, lease, lend, sell, redistribute or sublicense the Services.

You may not reproduce, retransmit, disseminate, sell, publish, or broadcast the Content without the express written consent of ImageWall or its licensors.

These Terms of Use will govern any Software upgrades or Website updates provided by ImageWall that replace and/or supplement the original Software-Website, unless such upgrade or update is accompanied by a separate license in which case any conflicting terms of that license will control such update or upgrade. ImageWall is under no obligation to upgrade the Software.

2. These Terms of Use May Change Without Prior Notice

ImageWall reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use the Services. The last date these Terms of Use were revised is set forth below.

3. Notices of Restrictions on Your Use

The Services contain copyrighted material, trade secrets, and other proprietary material. You may not and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Services.

You shall not, and shall not allow anyone to (a) circumvent any security feature of the Services, or (b) disclose, publish, broadcast, sell, or otherwise redistribute the Services. You shall maintain the confidentiality and security of any password, account, and other identification information provided with respect to the Services and to not provide it to any other person or entity. You shall be responsible for all use of, and activities that occur under, your password(s), account, and other identification information and for any actions that take place through its access to the Services (whether conducted by you or another). You agree that when using the Services, you will not:

  1. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  2. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or mobile device;
  3. Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;
  4. Impersonate another person or entity or use any fake name or identity;
  5. Allow any other person or entity to use your identification for posting or viewing comments;
  6. Restrict or inhibit any other user from using and enjoying the Services;
  7. Harvest or otherwise collect information about others without their prior, express, and written consent; or
  8. Violate any applicable laws, rules, or regulations or rights, including intellectual property, privacy, or publicity rights.

You agree not to take any action that interferes with the proper working of the Services; imposes an unreasonable or disproportionately large load on the Services' infrastructure; might compromise the security of the Services; render the Services inaccessible to others; or otherwise cause damage to the Services or any Content. You agree not to add to, subtract from, or otherwise modify the Content on the Website except as expressly authorized by ImageWall in these Terms of Use or by a written agreement between you and ImageWall.

The Content belongs to ImageWall, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Content provided by third-parties is used in the Services with the permission of such third-parties.

You may download, print, and store selected portions of the Content, if you (1) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a website; and (2) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. ImageWall reserves complete title and full intellectual property rights in any Content you copy or download from the Services.

You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Services, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout Content without express written consent from the trademark owner, except as permitted by applicable law. For additional clarification, you acknowledge that the Content, including your modifications to the Content, are, and shall remain the property of ImageWall and ImageWall retains all common law, statutory and other reserved rights, including copyrights therein.

4. Export Control

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.

5. Confidentiality

You acknowledge and agree that the Content constitutes valuable and confidential proprietary information and intellectual property of ImageWall, that is protected under civil and criminal law and under the laws of patent, copyright and trade secret, and, except as expressly provided herein, shall not be disclosed in any form by you to any unauthorized third party. The Content shall be deemed to be Confidential Information of ImageWall.

You agree to hold all Confidential Information you obtain in strictest confidence and to use and permit use of Confidential Information solely for the purposes permitted by these Terms of Use. You will instruct and require your employees and agents not to disclose Confidential Information to third parties without ImageWall's prior written consent; and to notify ImageWall immediately of any unauthorized disclosure or use, and to cooperate with ImageWall to protect the Confidential Information.

To the extent required by applicable law or by lawful order or requirement of a court or governmental authority having competent jurisdiction over you, you may disclose Confidential Information in accordance with such law, order, or requirement, subject to the following conditions: as soon as possible after becoming aware of such law, order, or requirement and prior to disclosing Confidential Information pursuant thereto, you will notify ImageWall in writing and, if possible, you will provide ImageWall notice not less than five business days prior to the required disclosure. You will cooperate with and aid ImageWall regarding such measures. Notwithstanding any such compelled disclosure by you, such compelled disclosure will not otherwise affect your obligations hereunder with respect to Confidential Information so disclosed.

6. Disclaimer of Warranties

By agreeing to grant you access, ImageWall does not obligate itself to do so or to maintain the Services, or to maintain the Services in the present form, and ImageWall expressly reserves the right to modify, suspend or terminate your access privileges. You agree and understand that ImageWall may, in its sole discretion and without any prior notice, terminate the Services or deny you access and delete any files which you may maintain and any information which you may choose to post or submit to the Services.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS." YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE CONTENT. IMAGEWALL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES OR THE CONTENT. IMAGEWALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, REGARDING THE SERVICES OR THE CONTENT (INCLUDING THIRD PARTY INFORMATION).

IMAGEWALL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SERVICES OR THE CONTENT (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SERVICES.

IMAGEWALL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. IMAGEWALL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED BY THE SERVICES, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

7. Limitation of Liability

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL IMAGEWALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR THE CONTENT (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (V) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICES, EVEN IF IMAGEWALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, IMAGEWALL'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification

You agree that you are solely responsible for any data transmitted or otherwise used in connection with the Services, Content and all information, materials or data utilized by you in connection with the Services and Content, and that in addition to your obligations to indemnify as provided in this Agreement, you will indemnify, hold harmless, and defend ImageWall and its officers, directors, employees, agents and representatives against any and all claims, demands, liabilities, losses, obligations, and expenses (including without limitation reasonable attorney's fees and court costs) ImageWall may incur related to any lawsuit, proceeding, or other action arising in whole or in part from your use of the Services and Content, your breach of these Terms of Use or your actual or alleged violation of any statutory, regulatory, or other legal obligation.

9. Consent to Use of Data and Privacy Policy

ImageWall may collect, maintain, process and use diagnostic, technical, usage, and related information, including but not limited to information about your device, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services, and to verify compliance with these Terms of Use. ImageWall may use this information to provide and improve ImageWall's products and services.

ImageWall may collect any information submitted by you through the Services and provide the collected information to any entity that ImageWall in its sole discretion determines necessary. You hereby grant ImageWall an irrevocable, non-exclusive, worldwide, perpetual, and royalty-free license to possess, use, disclose, compile publish, modify, display, distribute and prepare derivative works of information provided by you and collected through the Services.

At all times your information will be treated in accordance with ImageWall's Privacy Statement, which is incorporated by reference into these Terms of Use and can be viewed at: www.imagewall.com/terms.

Despite ImageWall's efforts to ensure that Content is accurately input into the Services, such Content may nevertheless contain errors and omissions. Accordingly, ImageWall disclaims the accuracy and completeness of all Content and you hereby expressly agree to hold ImageWall harmless from all claims, losses, or damages resulting from any such errors and omissions.

10. Access

You must provide at your own expense the equipment, internet connections, mobile devices, and/or service plans to access and use the Services at your cost.

11. DMCA Contact

ImageWall supports the rights of copyright owners. Any notification of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 512, should be submitted to:

A. Zahner Company
Attn: Rick Maner
1400 East 9th Street
Kansas City, MO 64106

General Provisions

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