Terms

Last modified: 08.11.18

This agreement governs your use of the imagewit.com website.

This Web site is owned and operated by Image Wit. (“imagewit.com”). Access and use of this Web site is provided by imagewit.com to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

imagewit.com may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Intellectual property

With the exception of the creative commons media indexed, and related information, all materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of imagewit.com and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. You may not create derivative works from or otherwise exploit the Materials in any way.

Creative Commons media

Since Public Domain images are free of copyrights, the user should be able to use them as freely as the user would like, but there may be some exceptions.

Images on ImageWit are released under Creative Commons CC0. To the extent possible under law, the original photographers have waived their copyright and related or neighboring rights to these Images. The user is free to adapt and use them for commercial purposes (except as outlined below) without attributing the original author or source. Although not required, a link back to ImageWit would be appreciated.

Creative Commons can also be referenced with regards to use of these images on social media. In our understanding, the “sub-licensable” clause of CC0 does not prevent the user from uploading a work to a social media platform. It simply articulates that the user is not granting any rights. Those rights have already been waived (or where applicable, authorized by the fallback license) by the licensor; ergo, they’re not the licensee’s to license.

However, there are two areas where the user should take caution:

a) Imagery depicting identifiable persons, logos, brands, etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights – particularly for commercial applications.

b) Images may not be used in a way that shows identifiable persons in a disgraceful light, or to imply endorsement of products and services by depicted persons, brands, and organizations – unless permission was granted.

If the user would like to pursue use of images with identifiable persons, logos or brands, then it is up to the user to see out those people or companies to gain whatever release the user would like for the intended purpose. ImageWit is solely a repository for images and does not hold or offer any assistance to gaining releases or copyrights.

Privacy

imagewit.com is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.

imagewit.com may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that imagewit.com monitors or endorses these Web sites. imagewit.com does not accept any responsibility for such Web sites. imagewit.com 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 the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission, problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

imagewit.com shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. imagewit.com recommends that you install appropriate anti-virus or other protective software.

Web site and materials provided “as is”

THIS WEB SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. imagewit.com DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL imagewit.com OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer of warranties

imagewit.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the IMAGEWIT.COM SERVICES results. imagewit.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. imagewit.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the IMAGEWIT.COM SERVICES.

THE IMAGEWIT.COM SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE IMAGEWIT.COM SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. IMAGEWIT.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IMAGEWIT.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IMAGEWIT.COM SERVICES. IMAGEWIT.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE IMAGEWIT.COM SERVICES. IMAGEWIT.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IMAGEWIT.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE IMAGEWIT.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE IMAGEWIT.COM SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE IMAGEWIT.COM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Indemnification

You agree to indemnify and hold imagewit.com harmless against all claims or liability asserted against imagewit.com arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Notice and procedure for making claims of infringement, requesting de-listing

imagewit.com respects the copyright of others, and we ask our users to do the same. 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 provide imagewit.com with a written communication addressed to our President including substantially the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Web site;
  4. your address, telephone number, and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address your letter to our President, as follows:

imagewit.com
9 Flintlock Rd.
Lexington, MA 02420
USA
Attention: President

E-mail

Feel free to email imagewit.com at imagewit@gmail.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. imagewit.com is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

  • imagewit.com has no obligation concerning such information;
  • the information is non-confidential;
  • imagewit.com may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This Web site is controlled, operated and administered by imagewit.com from within the Commonwealth of Massachusetts, United States of America. This Web site can be accessed from all states in the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Commonwealth of Massachusetts, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the Commonwealth of Massachusetts and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Commonwealth of Massachusetts and acknowledge that you do so voluntarily.

General

imagewit.com’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact us via email to imagewit@gmail.com.