Terms and Conditions
Your Agreement with Wazee Digital, Inc.
For purposes of these Terms and Conditions, “Website” shall mean the website with the address www.imagesoffreedom.com. The following are the Terms and Conditions that govern your use of this Website and, if applicable, the Wazee Digital technology platform (the “Platform”). These Terms and Conditions may be updated by us from time to time without notice to you. Please be aware it is your responsibility to review these Terms and Conditions when using the Website and/or Platform to insure you are aware of all amendments to them. In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
In consideration of your use of the Website, you agree to:
(i) provide true, accurate, current and complete information about yourself and/or your company as prompted by the Website’s registration form (such information being the “Account Data”); and (ii) maintain and promptly update the Account Data to keep it true, accurate, current and complete. You shall receive a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name. You further agree to: (i) immediately notify Wazee Digital of any unauthorized use of your password or user name or any other breach of security; (ii) ensure that you exit from your account at the end of each session; and (iii) defend, indemnify and hold harmless Wazee Digital from any loss or damage arising from unauthorized use of your password or user name.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WAZEE DIGITAL. IF YOU ARE USING THE WEBSITE AND/OR PLATFORM ON BEHALF OF YOUR EMPLOYER, PRINCIPAL OR CLIENT, EACH OF YOU AND YOUR EMPLOYER, PRINCIPAL OR CLIENT ARE SUBJECT TO THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME.
Competence to Accept Terms and Conditions
By using the Website, accessing or creating an account with Wazee Digital, or by accessing Website or Wazee Content (as defined herein) via the Website, you affirm that you are fully able and competent to agree to these Terms and Conditions and any other obligations, affirmations, representations, and warranties set forth herein and on the Website, that you have the power and authority to agree to these terms on behalf of yourself or your principal, and that you have read and agree to such Terms and Conditions.
The Website is owned and operated by Wazee Digital and/or its contractual parties. All aspects of the Website, including, but not limited to the design and “look and feel” thereof, and all of the content featured or displayed therein relating to the Website functionality or design, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof but excluding Website Content (together with the Marks (as defined below)) are referred to herein as “Wazee Content”) and are owned by Wazee Digital and/or its licensors. “WAZEE DIGITAL,” its respective logo, and all other marks owned by Wazee Digital (the “Marks”) are trademarks of Wazee Digital and may not be used without the prior written permission of Wazee Digital. Any graphical marks, logos, other proprietary rights or slogans contained in the Website are trademarks of Wazee Digital’s suppliers or licensors and may not be copied, or used, in whole or in part, without prior consent of Wazee Digital or the applicable trademark owner.
All elements of the Website and Platform, including but not limited to, the Wazee Content thereof are protected by trade dress, copyright, moral rights, trademark, and other laws relating to property rights. Except as explicitly permitted under separate agreement with Wazee Digital, no portion or element of the Website, the Platform, or the Wazee Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way, and the Website, the Platform, the Wazee Content, and all related rights shall remain the exclusive property of Wazee Digital and/or its licensors unless otherwise expressly agreed.
Use of the Website
The Website is intended to be accessed and utilized by registered users of Wazee Digital. You are specifically prohibited from: (i) copying or re-transmitting any portion or the entire Website; (ii) downloading and/or using any of the Wazee or Website Content without authorization; or (iii) manipulating or otherwise displaying the Website or any Wazee or Website Content by using framing or other navigational technology. You are also prohibited from using any data mining, automated, robotic or similar data aggregation or extraction methods or technologies on or in connection with this Website. Any unauthorized use of this Website, the Platform, or any Wazee Content available from this Website or Wazee Digital may violate applicable copyright and trademark laws, right of privacy or right of publicity, and/or other proprietary rights and applicable federal, state and local laws, rules, orders or regulations, which shall entitle Wazee Digital to take action against you, your employer or principal including, without limitation, seeking injunctive relief, as well as damages in the form of actual damages for loss of income, profits derived from the unauthorized use and, where appropriate, attorneys’ fees, other costs of collection, and/or statutory damages.
Downloading of Website Content
The primary purpose of the Website is to make available via download from the Website content from Wazee Digital’s Contractual Relationship with the Defense Media Activity, Defense Imagery Management Operations Center (including primarily images and photographs) (“Website Content”). To the best of Wazee Digital’s knowledge, unless certain Website Content is marked as subject to claim of copyright, trademark infringement, publicity or privacy rights, the Website Content is in the public domain and is available without payment of a license fee or other royalty. You may be charged a service fee in connection with download of the Website Content. In the event Wazee Digital is later notified in writing of a credible claim of copyright, trademark infringement, publicity or privacy rights, related to or in any persons, places, property (real, personal or any other kind) or subject matter depicted in any Website Content, Wazee will provide appropriate notice within the Website of such claim(s) or take down the relevant Website Content, at its sole discretion.
In addition to your agreement to the General Disclaimer set forth below, you expressly understand and agree that:
- A. Your access and use of the Website Content is at your sole risk. Wazee Digital provides the Website Content to You on an “as is” and “as available” basis. Wazee Digital and its shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim 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 related to the Website Content.
- B. Wazee Digital does not provide any copyright clearance or model or property releases with respect to the underlying material contained within the Website Content (i.e., the people, places, works, or things depicted within the licensed footage) and grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Website Content. You shall be solely responsible for determining whether a clearance or release is required in connection with Your proposed use of such Website Content. Wazee Digital does not make any representations or warranties that it owns or licenses any rights related to or in any persons, places, property (real, personal or any other kind) or subject matter depicted in any Website Content. All Website Content may be subject to copyrights, trademarks, rights of publicity, moral rights or other rights of another party. No employee or representative of Wazee Digital may make, and You shall not rely upon, any representations or warranties other than those stated herein.
- C. Wazee Digital and its shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Website Content will meet your requirements; (ii) access to the Website Content via the Website will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Website, including Website Content obtained, will be accurate or reliable; (iv) the quality of any products, photographs, images, information or other material accessed, purchased or obtained by You through the Website, including Website Content, will meet Your expectations; or (v) that any errors will be corrected.
- D. All material and information obtained through the use of the Website, including the Website Content, is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or loss of data that results from the accessing of any such material.
- E. Your use of the Website Content is also subject to the DoD Disclaimer entitled “Limitations for Public use” at http://www.dimoc.mil/resources/limitations.html, which is incorporated herein by reference.
CONTENT LIMITATION OF LIABLILITY
You expressly understand and agree that Wazee Digital and its shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to You 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 Wazee Digital has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website Content; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information, photographs, or images obtained or received or transactions entered into as a result of Your use of the Website Content; (iii) any claims, demands, statements or conduct of any third party related to the Website Content; or (iv) any other matter relating to the Website Content. You acknowledge that this limitation on liability is a material term of the Agreement and your access and use of the Website Content is conditioned on your agreement to these limitations.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- • THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WAZEE DIGITAL 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.
- • WAZEE DIGITAL MAKES NO WARRANTY THAT: (i) THE WEBSITE SHALL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE WEBSITE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE SHALL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE SHALL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE CONTENT, WEBSITE CONTENT OR WEBSITE SHALL BE CORRECTED; AND (vi) THE WEBSITE OR ANY WEBSITE CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.
- • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAZEE DIGITAL OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR IN ANY APPLICABLE AGREEMENT, BETWEEN YOU AND WAZEE DIGITAL.
YOU ACKNOWLEDGE THAT NEITHER WAZEE DIGITAL NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE PARTNER CONTENT THEREON UNLESS OTHERWISE PROVIDED IN AN APPLICABLE AGREEMENT BETWEEN YOU AND WAZEE DIGITAL. WITH RESPECT TO ALL OTHER CLAIMS RELATED TO YOUR USE OF THE WEBSITE OR CONTENT, WAZEE DIGITAL’S LIABILITY SHALL NOT EXCEED $500.
WAZEE DIGITAL USES REASONABLE ENDEAVORS TO ENSURE THAT THE WEBSITE AND THE PLATFORM AND ITS SERVICES ARE AVAILABLE 24 HOURS A DAY 7 DAYS A WEEK. THERE WILL BE OCCASIONS, HOWEVER, WHEN THE WEBSITE, THE PLATFORM, OR WAZEE DIGITAL’S SERVICES WILL BE INTERRUPTED FOR MAINTENANCE, UPGRADES, AND EMERGENCY REPAIRS OR DUE TO FAILURE OF THIRD PARTY EQUIPMENT OR TELECOMMUNICATION VENDORS THAT ARE BEYOND THE CONTROL OF WAZEE DIGITAL. EVERY REASONABLE STEP WILL BE TAKEN TO MINIMIZE ANY DISRUPTIONS. YOU AGREE THAT WAZEE DIGITAL SHALL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE OR THE PLATFORM.