|  Search   |  Login

Terms of Service

1. Acceptance of Terms
NeoImages provides a web-based arts management service (the "Service") subject to the following Terms of Use ("Terms"), which may be updated by NeoImages as needed. NeoImages will provide notice of significant changes to the Terms by posting notice on the NeoImages site. You can review the most current version of the Terms at: http://www.neoimages.net/tos.aspx. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular NeoImages services, you agree to abide by any applicable posted guidelines for all NeoImages services. The guidelines may change periodically. Should you object to any term or condition of these Terms, guidelines, or subsequent modifications thereto or become dissatisfied with NeoImages, your only recourse is to immediately discontinue use of NeoImages.

2. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that NeoImages does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the NeoImages site and Content available through the Service may contain links to other websites, which are completely independent of NeoImages. NeoImages makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will NeoImages be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that NeoImages does not pre-screen or approve Content, but that NeoImages shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify NeoImages's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:

Copyright Agent
NeoImages, Inc.
924 Olive Street

Santa Barbara, CA 93101
or
Email Us

Please provide our Agent with the following Notice:

> Identify the copyrighted work or other intellectual property that you claim has been infringed;
> Identify the material on the NeoImages site that you claim is infringing, with enough detail so that we may locate it on the website;
> 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;
> A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
> Your address, telephone number, and email address; and
> Your physical or electronic signature.

NeoImages Agent will forward this information to the alleged infringer.

4. Privacy Policy
NeoImages respects the privacy of Members. Therefore, NeoImages will not disclose to any third party Member's name or contact information. NeoImages will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on NeoImages; (2) protect and defend the rights or property of NeoImages; or (3) act under exigent circumstances to protect the personal safety of NeoImages service's users or the public; (4) fix or debug problems with NeoImages.

5. Conduct
You understand that all text and images ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NeoImages, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. NeoImages does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable, adult or mature. Under no circumstances will NeoImages be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via NeoImages.

You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
(b) harm minors in any way
(c) impersonate any person or entity, including, but not limited to, a NeoImages employee, or falsely state or otherwise misrepresent your affiliation with a person or entity
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page)
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
(g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(j) "stalk" or otherwise harass another;
(k) collect or store personal data about other users;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

You acknowledge that NeoImages does not pre-screen Content, but that NeoImages shall have the right to refuse or move any Content that is available via NeoImages. Without limiting the foregoing, NeoImages shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NeoImages or submitted to NeoImages.

6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to NeoImages email addresses or through NeoImages computer systems is expressly prohibited by these Terms. Any unauthorized use of NeoImages computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties

7. Your Registration Obligations
In consideration of your use of NeoImages, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the NeoImages registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NeoImages has reasonable grounds to suspect such information as untrue, inaccurate, not current or incomplete, NeoImages has the right to suspend or terminate your account and refuse any and all current or future use of NeoImages (or any portion thereof).

You will receive a password and account designation upon completing the NeoImages registration process. 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 agree to (a) immediately notify NeoImages of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NeoImages cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You understand and agree that you may receive certain communications from NeoImages, such as service announcements and administrative messages, and that these communications are considered part of NeoImages membership and you will not be able to opt out of receiving them.

You are responsible for obtaining access to NeoImages and access may involve third party fees (such as cable or wireless network fees). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access NeoImages.

Unless explicitly stated otherwise, new features that enhance NeoImages shall be subject to the TOS. You understand and agree that NeoImages is provided "AS-IS" and that NeoImages assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

8. Content Submitted or made available for inclusion on NeoImages
NeoImages does not claim ownership of Content you submit or make available for inclusion on NeoImages. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of NeoImages, you grant NeoImages the following world-wide, royalty free and non-exclusive license(s), as applicable:


With respect to Content you submit or make available for inclusion on publicly accessible areas of NeoImages, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on NeoImages. This license exists only for as long as you elect to continue to include such Content on NeoImages and will terminate at the time you remove or NeoImages removes such Content from NeoImages.

9. Indemnity
You agree to indemnify and hold NeoImages, and its makers, friends, or other affiliated persons and entities, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
11. Modification to Service
NeoImages reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NeoImages shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Termination
You agree that NeoImages, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if NeoImages believes that you have violated or acted inconsistently with the letter or spirit of the TOS. NeoImages 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 under any provision of this TOS may be effected without prior notice, and acknowledge and agree that NeoImages may immediately deactivate or delete your Content and/or bar any further access to such files or the Service. Further, you agree that NeoImages shall not be liable to you or any third-party for any termination of your access to the Service.

13. Proprietary Rights of NeoImages

You acknowledge and agree that NeoImages and any necessary software used in connection with NeoImages ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through NeoImages or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NeoImages or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on NeoImages or the Software, in whole or in part.

NeoImages grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to NeoImages. You agree not to access NeoImages by any means other than through the interface that is provided by NeoImages for use in accessing NeoImages.

14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NeoImages EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) NeoImages MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NeoImages OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. Limitations on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NeoImages SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NeoImages HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

16. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. General Information
The TOS constitute the entire agreement between you and NeoImages and govern your use of the Service, superceding any prior agreements between you and NeoImages. The TOS and the relationship between you and NeoImages shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and NeoImages agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of NeoImages to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

18. Violations
Please report any violations of the TOS to:
NeoImages, Inc.
924 Olive Street

Santa Barbara, CA
93101
or
Email Us

NeoImages © 2012 |  TOS  |  Contact Us |  Join NeoImages | About Us | Site Map | 805.722.2154