Terms of Use ("Terms")

 

Last updated: July 25th, 2016

Please read these Terms of Use ("Terms", "Terms of Use") carefully prior to  using the http://www.axiomimages.com website (the "Service") operated by Axiom Images, Inc ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your explicit acceptance of and strict compliance with these Terms. These Terms apply to all visitors including but not limited to users, customers and others who wish to access or use the Service.

By accessing, using or undertaking  any licensing transaction  via the Service, you hereby agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access or use the Service in any fashion or manner.

License

If you wish to license any product or service made available through the Service ("LIcense"), you may be asked to supply certain information relevant to said License including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information (“Information”).

You agreement to these Terms indicated that you hereby represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with the License; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of any License(s). By submitting your information, you grant us the right to provide the Information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order, at any time, for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

Upon licensing any product from the Service, you are required to provide certain information regarding the nature of the intended use of the Product or Service.  More specifically, you are required to select, from a drop down menu, this intended use.  The individual pricing of the license associated with the Product or Service is specifically dependent upon the selection that you make from this menu.  These intended uses include Feature Film (Under $10M US Budget), Feature Film (Over $10M US Budget, Episodics/Television Shows, Commercial (Individual), Commercial (Campaign), Documentary Film or Series, Industrial/Corporate, Short Film, Political Advertisement, Trailer, Title Sequence/Credits, Music Video or  Event/Concert/Convention. By making said selection from the aforementioned categories, you hereby represent and warrant that this selection accurately represents the end use of the Product or Service.  In the event that you misrepresent the end use of the Product, you hereby agree to pay, upon demand by us, the differential between the pricing for the actual end use of the Product or Service and the pricing determined by your initial selection.  We hereby reserve the right to review and/or audit the end use of the Product or Service, as it relates to your initial selection, and make immediate demand via the issuance of a revised invoice for payment of the aforementioned pricing differential.  Payment in full for the revised shall be due and payable to us within three (3) business days of delivery of the revised invoice.  In the event that you fail to pay this amount within this time frame, we hereby reserve the right to charge the amount due to your original form of payment (i.e. credit card, debit card, electronic check), immediately revoke your license to the Product or Service and/or immediately terminate your account. We reserve the right to refuse or cancel your order if we have a reasonable basis upon which to believe that any type of fraud or unauthorized or illegal transaction is involved.

Availability, Errors and Inaccuracies

As we are constantly updating product and service offerings on the Service, we may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time and without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules to said Promotions as well as reviewing our Privacy Policy. In the event that there is a conflict between the rules for a Promotion and the Terms, the rules of the Promotion  supersede the Terms and shall apply.

Accounts

Upon your creation of an account with us, you represent and warrant  that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may, in our sole discretion, result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password including but not limited to the restriction of access to your computer and/or account. You agree to be fully liable and responsible for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You hereby agree to  notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been used in a way that constitutes copyright infringement, please submit your claim via email to support@axiomimages.com, with the subject line: "Copyright Infringement" and include, in your claim, a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and legal fees incurred by us) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

  • Your address, telephone number, and email address;

  • 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, 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.

You can contact our Copyright Agent, via email, at support@axiomimages.com

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Axiom Images, Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, copyrights and/or likeness may not be used in connection with any product or service without the prior written consent of Axiom Images, Inc.  Any violation of our intellectual property, as described in this Section, may, in our sole discretion, result in the cancellation of your account and we hereby retain all rights, at both law and equity, as it relates to said violation.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by or related to Axiom Images, Inc.

Axiom Images, Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not represent or warrant the offerings, or the veracity thereof, of any of these entities/individuals or their websites.

You acknowledge and agree that Axiom Images, Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation including, but not limited, to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

Each and every provisions of these Terms shall survive termination of your account or use of the Service including, without limitation, ownership provisions, warranty disclaimers, representations and warranties made by you in connection with your use of the Service, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Axiom Images, Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use or and access to the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Axiom Images, Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Axiom Images, Inc., its subsidiaries, affiliates and its licensors do not warrant that a) the Service will function uninterrupted, be secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will satisfy your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations may not apply to you.  Notwithstanding the foregoing, the remainder of the Terms shall remain applicable and said exclusion does not invalidate any other part of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall  remain in full force and effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service and your use thereof.

 

Taxes

For taxation purposes, federal, state, local and otherwise, all transactions consummated between you and us, via the Service, shall be conclusively deemed to be a license of the subject content or media.  As part of said transaction, there are no ownership rights in the content or media from being transferred from us to you. The transaction simply provides you with a license to use the content or media for the purpose specified in the Invoice.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a material revision is made to these Terms,  we will provide notice no later than thirty (30) days prior to said new terms taking effect. The definition of material change shall  be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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