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PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND CORBIS HOLDINGS, INC., PARENT COMPANY OF GREENLIGHT LLC (“GreenLight”). By using any GreenLight web site (“Site”) you agree to be bound by and comply with this Site Usage Agreement (“Agreement”). If you do not wish to be bound by this Agreement, do not use this Site.
THIS AGREEMENT CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer. GreenLight reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.
This Site is owned and operated by GreenLight. All images, audio, video and related informational materials in any medium furnished by GreenLight hereunder, including related text, captions, or information (collectively referred to as “Content”), is owned by GreenLight, our customers, or our licensors and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. No portion or element of this Site may be copied or retransmitted via any means and all related rights shall remain the exclusive property of GreenLight or customers/licensors.
Unless authorized by GreenLight in writing, you may not:
- (i)deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site;
- (ii)violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site by hacking or other means;
- (iii)copy, redirect, or exploit the Site;
- (iv)probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the; or
- (v)use any device, software or routine that would interfere with the proper functioning of the Site.
Your use of this Site shall comply with all applicable law. GreenLight reserves the right, in its sole discretion, to revoke your authorization to view the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from GreenLight. GreenLight may also restrict or modify the Site for any reason.
Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location.
GreenLight’s Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult GreenLight’s Privacy Policy for specific information on GreenLight’s policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted.
Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
You may not use the trademarks, service marks or logos of GreenLight without GreenLight’s prior written consent. “GreenLight”, ”GreenLight, It’s Easy When You Know Who,” and the GREENLIGHT logo, among others, are trademarks of Corbis Holdings, Inc. Other product and company names mentioned on the Site may be trademarks of their respective owners.
You agree to indemnify and hold harmless GreenLight and its sources, customers, officers, directors, employees, contractors, parents, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use of the Site, and (iii) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.
GREENLIGHT MAKES NO REPRESENTATIONS WITH RESPECT TO THE SITE, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE SITE (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, GREENLIGHT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
GREENLIGHT, ITS AFFILIATES, AGENTS, LICENSORS, CUSTOMERS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF GREENLIGHT, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF GREENLIGHT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH GREENLIGHT TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND GREENLIGHT MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. GREENLIGHT ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO GREENLIGHT, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND GREENLIGHT.
GREENLIGHT, ITS AFFILIATES, AGENTS, LICENSORS, CUSTOMERS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO GREENLIGHT IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. IN NO EVENT WILL GREENLIGHT’S TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM USE OF THE SITE EXCEED $500.00.
As a convenience, our Site may link to other sites that may be of interest to you but are not under GreenLight’s control. These links do not imply endorsement by GreenLight and we are not responsible for the availability of or the content contained in any linked site.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send GreenLight’s copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit GreenLight to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
GreenLight’s copyright agent for notice of claims of copyright infringement can be reached as follows:
GreenLight Copyright Agent
710 Second Avenue, Suite 200
Seattle, WA 98104
By telephone: 206.373.6000
By fax: 206.373.6100
This Agreement any claim, controversy or dispute arising under or related to this Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties shall be governed by the laws of the State of New York and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New York, USA, regardless of conflicts of laws. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language In any dispute between GreenLight and you, GreenLight shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with GreenLight’s Privacy Policy) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of GreenLight, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of GreenLight. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without GreenLight’s prior written consent.
This Agreement is effective until terminated by GreenLight, in its sole and absolute discretion. GreenLight may terminate this Agreement with or without notice to you and will do so if you use or attempt to use the Site in any manner contrary to the terms of this Agreement. Any such termination by GreenLight shall be in addition to and without prejudice to such rights and remedies as may be available to GreenLight, including injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate.
The, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination and Choice of Law provisions of this Agreement shall survive the termination or expiry of this Agreement.
The Site is controlled, operated, and administered by GreenLight and its vendors from its offices within the United States of America. The Site can be accessed from countries around the world and may contain references to products and services that are not available in your country. These references do not imply that GreenLight intends to market, promote, or distribute such products and services in your country. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.