1. License and Site Access. Image Star grants User a limited, revocable and nonexclusive license to access and make use of the Web Site. Except as otherwise permitted by Image Star, use of the Web Site is subject to the following limitations:
A. No materials or content from the Web Site may be copied, reproduced, republished, uploaded, posted, revised, transmitted or distributed. Any material or content which Image Star permits the User to download is under a grant of license and the User must retain all copyright and other proprietary notices on the material or content.
B. The User is prohibited from using any data mining, gathering or extraction tools on the Web Site.
2. Disclaimer. Image Star makes a reasonable effort to include accurate, reliable and current information on the Web Site, however, Image Star makes no representation or warranties of any kind, either express or implied warranties of merchantability and fitness for a particular purpose, regarding the operation of the Web Site or the accuracy, completeness or reliability of the content, material or information on the Web Site, including the content of any site linked to the Web Site.
3. Trademarks and Copyrights. The graphics, logos, marks and names appearing in the Web Site are trademarks owned or used under license by Image Star. Except as provided in this Agreement, Image Star does not grant the User any rights under any trademarks or copyrights. The use or misuse of any trademarks, copyrights, content, materials or information on the Web Site is strictly prohibited and no license to use any trademark or copyright is granted absent prior written authorization.
4. Limitation of Liability. Image Star shall not be liable to any party for any direct, indirect, consequential, punitive, special or incidental damages related to the use of, or the inability to use the Web Site, the Web Site’s content, any site linked to the Web Site, and any worms, trojan horses, or other destructive computer viruses that may infect the User’s computer equipment, computer programs or any other property as a result of access or use of the Web Site.
5. Website Commerce. Portions of the Site contain confidential information and access is restricted in this area (“E-Customer Area”) to Users with a password. The E-Customer area includes the following specific areas: An E-customer Area limited to the User’s online purchase of products or materials from Image Star; An E-Customer area allowing the User to Review and inquire about product availability; and an E-Customer area allowing the User to view User’s account information. User must obtain a password during completion of the E-Customer Area registration process to access the E-Customer Area. By registering User represents, warrants and covenants that: (i) User is at least 18 years of age; (ii) User is using your actual identity; (iii) User has provided only true, accurate, current and complete information about yourself during the registration process; and (iv) User will maintain and promptly update the information provided to keep it true, accurate, current and complete. By logging onto this Site using any password, User represents, warrants and covenants that User is authorized to use such password and to engage in the activities that User conducts thereunder. User agrees to be solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using User’s password. If User wishes to cancel a password, or if User becomes aware of any loss, theft, or unauthorized use of a password, User shall notify Image Star immediately. Image Star reserves the right to delete or change any password at any time and for any reason.
8. Indemnity. You agree to indemnify, defend and hold harmless Image Star and its officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees and expenses, alleging or resulting from your use or access of this site or the content or materials on this site or your breach of this agreement. Image Star agrees to provide prompt notice to you of any such claim, suit, proceeding, or demand and reasonably assist you, at your expense, in defending any such claim, suit, proceeding, or demand.
9. Applicable Law and Jurisdiction. Any controversy or claim arising out of or relating to this site or the content or materials on this site is governed by the laws of the State of Connecticut, without regard to conflicts of law principles. You agree and herby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Hartford, Connecticut, United States, with respect to such matters. Image
Star makes no claims that the content or materials on this site may be lawfully viewed or downloaded outside of the United States. If you access or use this site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
11. Entire Agreement, Severability, and Waiver. This agreement contains the entire understanding between the parties relating to its subject matter. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be served from this agreement and the remaining provisions will remain in full force and effect. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent, waiver or excuse.