Contents - Image Bar

Terms and Conditions

TERMS OF SERVICE

The Terms are an agreement between you and Confidential Concepts, Inc. Confidential Concepts, Inc., along with its parents, subsidiaries and affiliates, and their respective officers, directors, members, representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, and agents (collectively “IMAGE-BAR” or “we” or “us” or “our”), provide the Website to you subject to the following Terms, which you acknowledge, agree to and consent to by using the Website. These Terms include the Website Privacy Policy, which is hereby incorporated by reference.

These Terms may be amended by IMAGE-BAR from time to time at its sole discretion. Upon amendment, we will post a notice on our homepage. Please periodically review the controlling version of these Terms. By continuing to use the Website subsequent to IMAGE-BAR making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.

You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.

When using the Website, you shall be subject to any posted rules or policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other Websites that are governed by different terms.

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are 18 years of age or older. If you are under 18, please do not submit personal information to us or conduct transactions through the Website.

Definitions

Some terms used herein are defined in the last paragraph of the Agreement. Please refer below for definitions.

About IMAGE-BAR

Finding art images on the internet has never been easier!

In its vast and diverse database, Image-Bar covers not only images from the most popular artists of all time, but also artistic niches and images which have never been digitally available before.

Image-Bar has been created by an international team of editors, designers, and art experts. Benefiting from their vast experience in modern publishing, the platform has been aligned with the specific needs of creative publishing in both, print and digital media.

Image-Bar’s huge database of high-resolution images offers content for all your publications and meets your individual requirements. All digital images are available in three different sizes to ensure that you get the best quality for the most affordable prices. The content is searchable by artist and work name, genre and museum, as well as through an optimized keyword-search. We make sure that you find what you are looking for as quickly as possible.

Accessing the Website

You may browse the Website without registering. However, in order to access some portions and features of the Website, you must utilize a username and password. If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at info@image-bar.com.

Our Intellectual Property/Image Licenses

IMAGE-BAR and its associated logos are our trademarks and/or service marks. Other trademarks, service marks, and logos used on or through the Website are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

Certain materials available on or through the Website are our Works. Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our content and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with browsing the Website. This license is conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms. Images displayed on the Website may contain watermarks or be controlled by other digital rights management technologies or be shown at low resolution in order to protect IMAGE-BAR’s rights.

When you pay to license specific images from IMAGE-BAR, you are not buying copies of the Images. Instead, you are licensing possession of copies of the Images subject to specific terms and conditions, including compliance with the Terms. You may not distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Images or any adaptations thereof unless expressly set forth herein.

After you pay to license an Image, IMAGE-BAR will grant you a limited, revocable, and non-exclusive license (the “License”) to, for lawful purposes unrelated to harmful products or services, (1) download a designated copy of the Image from the Website; and (2) further reproduce, distribute, adapt, publicly display, publicly perform and communicate to the public the Image for the purpose of making personal, educational, or business related uses that do not involve (i) reproducing, distributing, communicating to the public, adapting, making available, publicly performing, or publicly displaying the Image for a fee or (ii) incorporating the Image into a television advertisement.

Uses that would fall within the License include, for example, (1) creating presentations; (2) displaying an Image to a school class; (3) using an Image as your home or office desktop background; and (4) creating a storyboard or rough draft design for a client or organization presentation.

Uses that would not fall within the License include, for example, (1) selling copies of an Image, whether digital or hard-copy; or (2) using an Image in any manner that violates the law.

In addition, the License is conditioned as follows:

unless expressly required herein, you must not remove, delete, or alter any watermark or other information, attached to a copy of an Image, related to the Image’s identification number, transactional terms, copyright owner, licensee, licensor, author, date of creation or publication; and
for any publications of an Image in print or online, you must provide attribution in the format stated by IMAGE-BAR at the time you obtain a License;
you must comply with any and all applicable so called “moral rights” requirements, including rights of attribution.

If you breach any provision of these Terms, any License you have obtained will be automatically rescinded and terminated.

If you would like to license an Image for uses that exceed the scope of the License, including in a television advertisement, please contact us at info@image-bar.com.

Payments and Refunds

Permission to download an Image pursuant to the License is conditional and contingent upon payment of the specified fee through payment methods described on the Website. The License shall not commence until full payment has been received by IMAGE-BAR. Once IMAGE-BAR receives payment, we will make available to you (by email or on the Website at the time your order processes) a link through which you may download a copy of an Image. The link will be operational for 76 hours after payment is received, or until you download a copy of the Image, whichever comes first.

After 76 hours, if you have not downloaded a copy of the Image, you will be unable to do so. In that event, no refund will be paid to you. Moreover, by their nature, all digital copies are non-returnable and thus all payments for Licenses are non-refundable. However, if you obtain a link or digital copy of an Image from IMAGE-Bar that is corrupted or malfunctions due to no fault of your own and you can demonstrate such corruption or malfunction to IMAGE-BAR, we will provide you with a second link or copy of the Image free of charge but subject to the same License described herein.

Taxes

All fees payable under these Terms are exclusive of VAT, duties or sales tax where appropriate, which is made payable at the standard rate applicable at the time. You are responsible for the payment of all sales and usage taxes when applicable and IMAGE-BAR shall be entitled to charge to you in addition to the payment for any License.

Content Submitted by Users

You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

You grant us a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, making available, communication to the public, and/or public performance) any and all User Content that you Post to or through the Website. You also waive all claims against us related to moral rights in User Content.

If any of the User Content that you Post to or through the Website contains ideas, suggestions, documents, and/or proposals to IMAGE-BAR, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and IMAGE-BAR shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at its sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from IMAGE-BAR under any circumstances).

Procedure for Making Copyright or Other Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Website, please contact us at: info@image-bar.com.

We will work to prevent unlawful activity from taking place on or through the Website. Any response to a complaint will be handled at our sole discretion.

Please note that information provided to us relating to legal complaints, including your personal information, may be disclosed in connection with resolution of the complaint.

Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Website or any Image to:

Post any User Content that is misleading or that misrepresents any fact (including without limitation your identity);
violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
act in a manner that negatively affects other users' ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, harassing, vulgar, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
Post any User Content or otherwise transmit anything 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, including by engaging in any denial of service attack;
exceed your authorized access to any portion of the Website;
remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology;
collect or store personal data about anyone;
reproduce adapt, distribute, make available, communicate to the public, publicly display or publicly perform (other than as necessary to lawfully access the Website or pursuant to a License) any portion of the Website, the Works or User Content (other than User Content you Posted), in whole or in part.

Our Conduct

To the extent allowed by law, IMAGE-BAR shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

IMAGE-BAR delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;
IMAGE-BAR modifying or discontinuing temporarily or permanently, the Website (or any part thereof) with or without notice to you for any or no reason whatsoever;
IMAGE-BAR immediately terminating your access to the Website for any or no reason whatsoever and with or without notice to you;
the accuracy, usefulness or availability of any information Posted to or through the Website, including but not limited to any securities trading or investment related information; or
any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements, or with links to third-party websites, or with third-party service providers, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.

Indemnification

You will indemnify and hold IMAGE-BAR harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the Terms, including any breach of the representations and warranties contained herein. You hereby agree that IMAGE-BAR shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of its choice and to compromise or settle any such claims, demands, or litigation.

Disclaimers

YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS PURCHASED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM IMAGE-BAR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

In no event shall IMAGE-BAR liable TO YOU for any incidental, indirect, punitive, statutory, exemplary, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with a claim, loss, damage, action, suit or other proceeding relating to or arising under or out of the TERMS, even if IMAGE-BAR has been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. In no event shall IMAGE-BAR be liable to YOU for any amount greater than THE GREATER OF $100 (U.S.) OR THE AMOUNT YOU PAID TO IMAGE BAR FOR SERVICES/LICENSES. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Jurisdictional Restrictions

Some jurisdictions may not permit certain liability limitations. If any court OR ARBITRATOR determines the law of such a jurisdiction applies, the liability of the IMAGE-BAR Parties shall be limited to the greatest extent permitted by law.

Release

If you have a dispute with one or more users of the Website, or with any party who provides advertising on or through the Website, or with any party who provides a website linked to on the Website or SERVICES THROUGH THE WEBSITE, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.

Governing Law

These Terms and the relationship between you and us shall be governed by the laws of the State of California, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention On Contracts For the Sale of Goods, which is expressly disclaimed.

Any dispute relating in any way to your use of the Website or Images shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate IMAGE-BAR’s intellectual property rights or the representations and warranties contained herein, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted, by a single arbitrator who shall be a retired judge and selected by agreement of the parties, which shall not be unreasonably withheld, under the rules then prevailing of the American Arbitration Association and consistent with the California Code of Civil Procedure §§1280 et. seq. unless otherwise stated herein. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall assess the cost of the arbitration against the losing party. In addition, the prevailing party in any arbitration or legal proceeding relating to these Terms shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

Miscellaneous

These Terms constitute the entire agreement between you and Confidential Concepts, Inc., and govern your use of the Website.

These Terms supersede any prior agreements between you and us with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use other IMAGE-BAR websites or third-party websites.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this Agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, our affiliates, parents, and subsidiaries are third-party beneficiaries hereto.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

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

The headings in these Terms are for convenience only and have no legal or contractual effect.

IMAGE-BAR may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, the following paragraphs will survive: (1) OUR INTELLECTUAL PROPERTY; (2) CONTENT SUBMITTED BY USERS; (3) OUR CONDUCT; (4) INDEMNIFICATION; (5) DISCLAIMERS; (6) LIMITATION OF LIABILITY; (7) JURISDICTIONAL RESTRICTIONS; (8) RELEASE; (9) GOVERNING LAW; (10) MISCELLANEOUS; (11) ACCESSING THE WEBSITE; (12) DEFINITIONS; and (13) PROHIBITED CONDUCT.

Definitions

“Terms”: These terms and conditions, available at [INSERT URL], including the Privacy Policy, available at [INSERT URL].

“Privacy Policy”: The policy available at [INSERT URL].

“Post”: To upload, post, make available, send, share, communicate or transmit.

“License”: A limited, revocable, and non-exclusive license (the “License”) to, for lawful purposes unrelated to harmful products or services, (1) download a designated copy of the Image from the Website; and (2) further reproduce, distribute, adapt, publicly display, publicly perform and communicate to the public the Image for the purpose of making personal, educational, or business related uses that do not involve (i) reproducing, distributing, communicating to the public, adapting, making available, publicly performing, or publicly displaying the Image for a fee or (ii) incorporating the Image into a television advertisement. The “License” is further limited, conditioned, and explained above under “Our Intellectual Property/Image Licenses.”

“Images”: Depictions of artworks made available on the Website.

“Including”: “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

“Website”: IMAGE-BAR provides users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites, software, and applications that deliver information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of ‘Website.” The following urls are also included in the definition of “Website”: [INSERT URL].

“Your Information”: Information submitted to us by you including without limitation your name, address, email address, phone number, fax number, and date of birth.

“Your Data”: Data we collect about you including without limitation your IP address.

“User Content”: Data, information, materials, or content of any kind Posted by you or another user to or through the Website.

“Works”: Content we own, authored, created, purchased, or licensed.