TERMS OF USE

Effective Date: January 1, 2012                           

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TOU") BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Vitalimage Inc. ("Vitalimage," “myVitalimage.com”, "we," "our" or "us") owns or controls, and provides access to its website at myVitalimage.com (the “Website”), that link to these TOU (collectively, the "Website"). THESE TOU GOVERN YOUR USE OF THE WEBSITE. The myVitalimage.com website provides its customers with a way to create and purchase custom posters and/or other printed items or otherwise with the use of photographs (collectively the "Service").  However, before you enter the Website or use any of its available services, it is important that you carefully review the TOU for this Website.  These TOU only apply to the Website and not to any other website or any offline activities by Vitalimage (unless specifically stated). You agree to these TOU by accessing or using the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website creates a binding contract between you and Vitalimage based upon these TOU. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEBSITE.  These TOU may be updated from time to time at Vitalimage’s sole discretion.  You should periodically check this page to make sure you are up to date.

In some instances, these TOU and separate end user license agreements or terms of use (e.g. PayPal, etc.) that set forth additional conditions (collectively, "Additional Terms") may apply to a service or product offered via the Website. To the extent there is a conflict between these TOU and the Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state that these TOU will control. Please also review the Website's Privacy Policy.

TABLE OF CONTENTS

  1. CONDITIONS OF USE
  2. OWNERSHIP OF MATERIALS
  3. CONTENT YOU SUBMIT
  4. ACCEPTABLE USE
  5. TRADEMARKS
  6. PROMOTIONS
  7. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS
  8. DISCLAIMER
  9. LIMITATION OF LIABILITY
  10. INDEMNIFICATION
  11. THIRD-PARTY SITES
  12. LINKING TERMS
  13. DATED MATERIALS
  14. REVISIONS TO TOU
  15. JURISDICTION
  16. VITALIMAGE SALES POLICIES
  17. PHOTO  POLICIES
  18. TERMINATION
  19. MISCELLANEOUS

1. Conditions of Use.  The Website; their past, present and future versions; all web pages found within the Website; the materials and information on the Website, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Website, including without limitation, the "look and feel" of the Website (collectively, the "Materials") are provided by Vitalimage or its parent, subsidiaries, affiliates, or licensors. By using the Website, you represent that: (i) you have the capacity to be bound by these TOU or, if you are a minor, your parent or legal guardian has read and agreed to these TOU on your behalf; (ii) all information you provide to Vitalimage is true, accurate, complete and current; (iii) you hold and will continue to hold all rights necessary to enter into and fully perform your obligations under these TOU and to grant the rights granted under these TOU; and (iv) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.

2. Ownership of Materials.  Except as otherwise indicated, the Materials are either owned by Vitalimage or, if any and if applicable, by- its subsidiaries, affiliates, or licensors. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. Subject to the terms and conditions set forth in these TOU, Vitalimage grants you a revocable, non-exclusive, non-transferable, limited right to access, use, and view the Website and the Materials thereon. The Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Vitalimage's prior written permission. Any copy of the Materials or portion thereof must include any copyright notice and other intellectual property designations provided by Vitalimage. You also may not (i) modify the Materials or the Website or use them for any commercial purpose, or any other public display, performance, sale, or rental; (ii) decompile, reverse engineer, or disassemble software Materials; (iii) remove any copyright notice or other proprietary notices from the Materials; or (iv) transfer the Materials to another person.

3. Content you Submit.  In the event you post a message or send an e-mail to Vitalimage or contribute in any way to the Website, including, but not limited to, sending comments, suggestions, questions, or ideas concerning products and services (each, a "Submission"), you expressly grant Vitalimage the right to use and exploit the Submission in any way, including, without limitation, to copy, republish or sell your Submission (including, without limitation, names, voices, likenesses and other personally identifying information contained in your Submission) in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products and services using such information and for other marketing and promotional purposes, without any compensation to you. All Submissions shall not be considered confidential or proprietary information.

4. Acceptable Use.  Vitalimage reserves the right to change, update, discontinue, restrict, or prevent access to the Website at any time without notice.

You agree that you will not:

        (a) Submit, upload, post or otherwise transmit (collectively, "Submit") anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging of any person or entity; (iii) misleading, false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) violative of any law or regulation; or (ix) otherwise objectionable, in Vitalimage's sole discretion;

        (b) Submit any virus, worm, “Trojan Horse,” “easter egg,” “time bomb,” spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Website, the Materials or any third party's uninterrupted use and enjoyment of the Website or the Materials;

        (c)   Submit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunities, or any other form of solicitation;

        (d) Harvest personally identifiable information about other users of the Website or "stalk" or otherwise harass other persons;

        (e) Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including, without limitation, Vitalimage; forge headers or otherwise manipulate identifiers in order to disguise the origin of any submissions to us or through the Website; or expressly state or imply that Vitalimage endorses any statement you make;

        (f)   Violate or attempt to violate the security of any portion of the Website, including but not limited to: (i) access Materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Website or the servers or networks that support the Website, including, without limitation, via means of submitting a virus to the Website or overloading, “flooding,” “mailbombing” or “crashing” the Website; or (v) restrict or inhibit any other user from accessing or using the Website, including, without limitation, by means of hacking or defacing any portion of the Website;

        (g) Use the Website for unauthorized commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with or artificially generating traffic to any other web site or web page; or

        (h) Use the Website in any way that would affect Vitalimage adversely or reflect negatively on Vitalimage's goodwill, name or reputation in Vitalimage’s sole discretion.

 

5. Trademarks.  Vitalimage products and/or services referenced on the Website are either trademarks, licensed trademarks or registered trademarks of Vitalimage. Other company names, products and/or services referenced on the Website may be trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks displayed on the Website. You may not use any Vitalimage trademark unless you have an express written trademark license from Vitalimage.

 

6. Promotions.  The Website may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.

7. Copyrights and Other Intellectual Property and Related Complaints.  You may not use the Website for any purpose or in any manner that infringes the rights of any third party. Vitalimage encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Vitalimage and myVitalimage.com has a designated agent for receiving notices of copyright infringement and Vitalimage follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Vitalimage's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above referenced notice for claims of infringement for Content on the Website should be addressed to the Law Department of Vitalimage at the following street address:

Vitalimage, Inc. - Law Department
P.O. Box 4008
New Windsor, NY 12553
Attn: William J. Krueger, General Counsel

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

8. Disclaimer.  BY USING THE WEBSITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE INTERNET GENERALLY. THE WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VITALIMAGE AND ITS PRINCIPALS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE "VITALIMAGE PARTIES") MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) MESSAGES SENT FROM OR TO THE WEBSITE; (C) MATERIALS, SOFTWARE, INFORMATION OR THIRD PARTY CONTENT PROVIDED ON THE WEBSITE; (D) THE SUBMISSIONS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE VITALIMAGE PARTIES DO NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE VITALIMAGE PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE VITALIMAGE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTY. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE. FURTHER, VITALIMAGE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

9. Limitation of Liability.  IN NO EVENT WILL THE VITALIMAGE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO: (A) THE WEBSITE; (B) MESSAGES SENT FROM OR TO THE WEBSITE; (C) MATERIALS, SOFTWARE, INFORMATION OR THIRD PARTY CONTENT PROVIDED ON THE WEBSITE; (D) THE SUBMISSIONS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE VITALIMAGE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (H) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VITALIMAGE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE VITALIMAGE PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VITALIMAGE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VITALIMAGE PARTIES.

NOTWITHSTANDING ANY OTHER PROVISION IN THESE TOU, IN NO EVENT SHALL THE VITALIMAGE PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN THE PURCHASE PRICE OF YOUR ORDER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION), EVEN IF THE VITALIMAGE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

BY ACCESSING ANY OF THE WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

10. Indemnification.  You agree to indemnify, defend, and hold the Vitalimage Parties harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from: (i) your use of the Website or the Materials; (ii) any breach or violation of these TOU or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation of your Submissions; (iv) the theft, disclosure or misappropriation of your password if a password process is implemented or required to use the Website; or (v) if applicable, your authorization of anyone else to use your password.

Vitalimage reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Vitalimage in the defense of any such claim, action, settlement, or compromise negotiations, as requested by Vitalimage. In no event will you settle any claim or action without Vitalimage’s prior written approval.

11. Third-Party Sites.  References to third parties, their products, and/or services does not imply endorsement by Vitalimage thereof. The Website may be linked to other sites, which are not maintained by Vitalimage. Vitalimage is not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of the Vitalimage Parties. Vitalimage does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation, with respect to any third party, any third party's site, the content of any third party's site, or any products or services provided by a third party, by Vitalimage of the sites. Vitalimage disclaims any liability for links: (i) from another site to the Website; and (ii) to another site from the Website. In order to link to the Website, all users must comply with Linking Terms provided in Section 12 below. Once you link to another site, you are subject to the policies and practices of the new site.

12. Linking Terms.  By linking to the Website, all "Linkers" accept and acknowledge the following terms of linking: Linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of Vitalimage in its sole discretion. Linker shall not in any manner represent that it is endorsed by Vitalimage or that Linker is acting in a representative capacity of Vitalimage. Linker shall not utilize the Vitalimage name nor its relationship with Vitalimage for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless Vitalimage shall consent to such use in writing prior to publication.

Regardless of the foregoing, Vitalimage reserves the right to rescind this consent to link to the Website with or without cause at any time. In such event, Linker shall remove its link to the Website within 24 hours of receipt of notice from Vitalimage.

13. Dated Materials.  Materials contained in the Sites or in links from the Sites are dated as of the date originally issued or indicated on the Material and may no longer be accurate. Vitalimage assumes no obligation to update such Materials.

14. Revisions to TOU.  Vitalimage reserves the right to modify or add to these TOU at any time without prior notice ("Updated TOU"). You agree that we may notify you of the Updated TOU by posting them on the Website so that they are accessible via a link on the home page of the Web Site, and that your use of the Web Site after we have posted the Updated TOU (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated TOU. Therefore, you should review these TOU before using the Website. The Updated TOU will be effective as of the time of posting, or such later date as may be specified in the Updated TOU, and will apply to your use of the Website from that point forward.

15. Jurisdiction.  The Website is managed by Vitalimage from its office within New York, United States of America. These TOU shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of laws and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website, the use or access thereof, or these TOU must be in the state or federal courts located in Orange County, New York and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Orange County, New York for any such legal proceeding and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. Any cause of action or claim you may have with respect to the Website or these TOU must be commenced within one year after such claim or cause of action arose, or, if multiple causes, from the date the first such cause of action arose.

16. Vitalimage Sales Policies.  Please visit the About Us page to review Vitalimage's sales policies, including details on billing, payment, pricing, order delivery, returns, rewards and product warranties, which apply to your purchase, unless you have signed a separate contract with Vitalimage, in which case, the terms of that contract will govern.

17. Photo Policies.  The myVitalimage.com website provides its customers with a way to create, purchase and have printed custom poster products and/or other printed items or otherwise with the use of photographs (collectively the "Service").  However, before you enter the myViatalimage.com website or use any of its available services, it is important that you carefully review these TOU for Website, including, without limitation, the following specific policies with respect to use of photos:

The Website is available to you only if you are at least 18 years of age and/or provide myVitalimage with true, accurate, current and complete information about yourself when such information is requested by the Website (whether by check box confirmation/attestation, questionnaires, surveys, registration forms or other informational requests that may be implement from time to time to verify applicable minimum age requirement is met).  Photos and image submissions containing minors, under the age of eighteen (18), must have written consent from such individual's parent or legal guardian.  Vitalimage does not assume responsibility to verify the age of individuals contained in your image submission.  By submitting your order to us through use of the Website you are representing and warrantying that you have full and appropriate consent of all individuals in the photos to use their image and likeness.

The Website and Content you provide during the use of the Website is for your personal use only and not for your commercial use.

A benefit of using the Website is the ability to temporarily store and use photos in the use and application of the Service for printing on our customized poster and related products. Photograph files are only stored temporarily to facilitate the creation of a custom poster product on the Website whether a completed poster product is purchased or not.  Either way photograph files uploaded to the Website are routinely and permanently deleted from the Website’s server(s).  This deletion process may occur as often as one time every twenty four hour period.  Vitalimage.com may remove and discard any Content, including all information, communications, postings, image files or any other Content of yours within the Website at any time at its sole discretion.

Vitalimage.com may terminate your use of the Website that in the sole opinion of Vitalimage its Site Host or subsidiaries or licensees constitutes an abuse or violation of these TOU.

As part of the Service, you are enabled to have your digital photos uploaded and temporarily stored on the Website, pursuant to these TOU, as well as to have the end product custom poster delivered to you by the Company’s designated carrier, along with other special offers myVitalimage may make to you from time to time.  Costs associated with the end products, delivered to you by the Company’s designated carrier, will be charged to your credit card or PayPal account.

myVitalimage.com allows its customers to upload and temporarily store photograph files ("Content").  Users of the Service may not use the Service to process Prohibited Content. Generally, “Prohibited Content” includes Content or other material that Vitalimage believes:

a.       Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive or otherwise inappropriate;

b.      Comprises copyrighted material used without the express permission of the owner;

c.       Violates or encroaches on the rights of others;

d.      Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;

e.      Advocates illegal activity;

f.        Harms anyone, including minors; or

g.       Provides a link to any of the above.

 

Vitalimage has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to or on the Website or during the custom poster production processes may be subject to examination from time to time.  myVitalimage and Vitalimage, by way of implementing quality control processes, may reject Content uploaded to the Website for any reason, at any time, and without notice.

Any Content discovered on the Site or observed and detected during the custom poster production processes that is deemed in the sole discretion of myVitalimage.com or Vitalimage to be in violation of Title 18 of the United States Code, Sections 2251 et seq. may be reported and disclosed to appropriate law enforcement agencies.

All Content (whether private or public) that is processed on the Website is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

We hope and trust that you will enjoy using the Website but by viewing the Website, however, you may be exposed to Content that you might for some personal reason consider to be offensive. You take sole responsibility for such exposure and your use of the Website is at your sole assumption of all risk.  myVitalimage and Vitalimage in no way guarantee the accuracy, quality or appropriateness of Content available on the Website.

You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Content or Service, or (ii) use or access the Service and the Website for any commercial purpose.

As a condition to your use of the Website, you hereby grant Vitalimage, myVitalimage.com and our Website Host a perpetual, worldwide, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition to your use of the Website and the Services, you represent and warrant to Vitalimage, myVitalimage.com and our Website Host that you either own your Content or have written permission from the copyright owner to make such Content available to the Service. Vitalimage and myVitalimage.com reserves the right to decline reproduction of any Content that it, in its sole discretion, believes may violate the copyrights of any party.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations you may incur as a result of your activities and your own negligence or actions on the Website.

If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, Vitalimage has a process in place to respond to your concerns as set forth in further detail in Section 7 above concerning Copyrights and Other Intellectual Property and Related Complaints.

By using our Website and Service you represent and warrant that (i) you lawfully own or otherwise lawfully possess all necessary rights with respect to your photos/images that are submitted in your order, (ii) your photos/images that are submitted do not and will not infringe or otherwise violate any intellectual property or privacy right of any third party, (iii) you have obtained written consent or permission to use the images and likenesses of every identifiable individual who appears in your image submission, and (iv) you are not using this service for any unlawful purpose. 

18.  Termination.  Vitalimage may terminate your use of the Website at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Vitalimage also reserves the right to use any technological, legal, operational, or other means available to enforce these TOU, including without limitation, blocking specific IP addresses or access to the Website.

19. Miscellaneous.  These TOU and any additional terms provided by Vitalimage constitute the entire understanding and agreement between you and Vitalimage and supersede any and all prior or inconsistent understandings relating to the Website, the Materials and the Submissions.

Any failure of Vitalimage to exercise or enforce any right or provision of these TOU will not constitute a waiver of such right or provision. No waiver by Vitalimage of any provision of these TOU will be of any force or effect unless made in writing and signed by a duly authorized officer of Vitalimage.

If any provision of these TOU is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions. The section titles in these TOU are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these TOU will not be construed against Vitalimage by virtue of having drafted them.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU. Except as otherwise expressly provided in these TOU, there will be no third-party beneficiaries to these TOU.

You understand and agree that Vitalimage will determine your compliance with these TOU in its sole discretion. Any violation of these TOU may be referred to law enforcement authorities.

[End of Terms of Use]