Website terms

 

Terms

You agree to the terms and conditions set forth below and in any modified or additional terms that Image Mela, (“Image Mela”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree with these terms you should leave this Website immediately, not use the files herein, and/or not subscribe to this service.

By using this website, you represent and warrant that you are lawfully able to accept these Website terms and conditions. Image Mela may change these Terms of Use from time to time. Please regularly check the “Terms of Use” link on the home page of Image Mela.com. Image Mela may revise and update these Terms of Use at any time and without notice. If you violate any of the Terms of Use, your license to access or use this website shall automatically terminate.

Image Mela may block, restrict, disable, suspend or terminate your access to all or part of the website and/or Image Mela Content at any time in Image Mela’s discretion, without prior notice or liability to you. Any conduct by you that, in Image Mela’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the website is strictly prohibited and may result in the termination of your access to the website without further notice.

Image Mela Trademarks

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Image Mela. You agree that you will not use Image Mela's Trademarks in any manner

- You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Image Mela Trademarks or the Trademark rights claimed by Image Mela.

- You agree that you will not use any Image Mela Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming etc.

- The look and feel of the Image Mela website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Image Mela and may not be copied, imitated or used, in whole or in part, without the prior written consent of Image Mela.

You may not frame or hotlink to the Image Mela website or any Image without the prior written consent of Image Mela.  

Information You Provide

Image Mela will use and protect your personal information, such as your name and address, in accordance with the Image Mela Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

You agree to provide correct, accurate, current and complete information about you as may be prompted by any registration forms on the Website. Maintain and promptly update the Registration Data, and any other information you provide to Image Mela, to keep it accurate, current and complete. Maintain the security of your password and identification. Notify Image Mela immediately of any unauthorized use of your account or other breach of security. Accept all responsibility for any and all activities from your account; and accept all risks of unauthorized access to the registration data and any other information you provide to Image Mela.

Your Content

For any image, text, or any other content that you upload or post to the website (“Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the webite and grant the licenses set forth herein; (ii) Image Mela will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content complies with these Terms of Use and all applicable laws.

By uploading Your Content, you grant Image Mela a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (on every kind of media), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the website and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time.

You may not upload, post, or transmit any image, text, or other content that:

Violates any third party's copyrights or other intellectual property rights or any right of publicity or privacy

Contains any pornographic, defamatory, or otherwise unlawful or immoral content

Exploits minors

Depicts unlawful or violent acts

Content related to religious extremism; Depicts animal cruelty or violence towards animals

Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition;

or

Violates any law, statute, or regulation.

You may not use any Image Mela Content for any purpose without first obtaining a license to use such Image Mela Content. Any use of Image Mela Content by you shall be governed by the applicable license agreement separately entered into between you and Image Mela. Displaying and/or distributing to the public any watermarked or unlicensed Image Mela Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

Any Image made available by Image Mela infringes upon any copyright that you own or control, you may notify Image Mela in the manner set forth in our info@imagemela.com

Limitations

You agree that you shall not engage in any conduct that shall constitute a violation of any law or that infringes the rights of Image Mela or any third party. You shall not violate any applicable laws or regulations related to the access to or use of the webite, or engage in any activity prohibited by these Terms of Use. You shall not violate the rights of Image Mela or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

Links to Third Party Sites

In the event that the website is available through any third-party platform, or if Image Mela provides links from the website to any third-party platform or permits any third party to link from its platform to the website, you understand and agree that Image Mela makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Image Mela, and Image Mela provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Image Mela.

Warranties and Disclaimers

Image Mela makes no warranty that: (i) the website will meet your requirements; (ii) access to the website will be uninterrupted; (iii) the quality of the website will meet your expectations; and (iv) any errors or defects in the website, services or materials will be corrected. Image Mela makes no representations or warranties that the website will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the website or will be stored by the website, that the website will meet your needs, or that Image Mela will continue to support any particular feature of the website.