You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
You understand and agree that iPOP! may, in its sole discretion:
- Monitor your download activity from iPOP!Photostore as often as iPOP! determines under its sole discretion for any reason and for any violation of this Agreement.
- Disable any account that engages in what iPOP! determines to be a large number of photos on any given day, as such activity indicates possible abuse of a username/password and account.
- Investigate any abuse of your username and password in connection with the iPOP! website or in connection with this Agreement.
- Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
- Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on iPOP! Websites, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to iPOP!Photostore Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
You understand that Materials are copyrighted and owned by iPOP! only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright. iPOP! its employees, directors, and officers and anyone else associated with iPOP! makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. iPOP! further makes no representation or warranty that your usage of iPOP! Photostore will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access iPOP! Photostore, you do so at your own risk.
iPOP!, its employees, directors, and officers, or anyone else associated with iPOP! shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. iPOP!, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using iPOP! Photostore, and for accessing, acquiring, and/or using Materials from iPOP!.
AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to iPOP! is accurate and true, including without limitation all credit card information
You agree to fully, indemnify, and hold harmless iPOP!, its employees, directors, officers, and any other entity associated with iPOP!, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
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