This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.instimage.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Instimage, Inc..
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Service was posted on July 18, 2013.
The terms "us" or "we" or "our" refers to Instimage, Inc., the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Instimage, Inc. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Our Legal Terms shall be treated as though it were executed and performed in Florida, United States, and shall be governed by and construed in accordance with the laws of FL, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Instimage, Inc. under our Legal Terms shall survive the termination of our Legal Terms.
If you wish to cancel your account with Instimage, please contact us at the link provided at the bottom of the page.
We have deliberately made the content licensing agreement simple to understand. By using our site, you (the user, seller, buyer, guest, member) agree to the terms of this agreement.
You agree to sell content for which you own copyright or have explicit permission to use and sell by the copyright owner. You shall be deemed legally responsible for any and all content you post on our website. By selling your content on our website you agree to grant a perpetual, non-exclusive, non-transferrable worldwide license to the buyer of said content. The content you sell on Instimage may be used at the discretion of its buyer, including but not limited to derivative works.
By submitting a media asset you authorize Instimage to act as a primary agent for the transaction.
Instimage will enter into a direct contractual relationship with the buyer on your behalf.
You will be required to provide a verified Paypal account before you can post a picture on our Website.
You will receive seventy percent (70%) of the price of your product, when sold, minus payment fees as set by our payment gateway (Paypal). The price of a product is determined by the quest for which it is submitted.
As the primary agent for the transaction you are responsible for refunds. Instimage does not automatically refund its 30% commission. You will have to contact us.
You are buying a non-exclusive, perpetual, non-transferrable worldwide license for the content you purchase on our website. To the extent of our knowledge, the copyright to all content sold on our website belongs to its seller. The seller is legally solely responsible for the content he/she put for sale on our website.
If granted a refund, you agree to permanently destroy the digital assets you purchased on our website. A refund will also nullify the purchase license agreement.
You acknowledge that you have read, understand, and legally agree with the content licensing agreement above.
For questions or concerns relating to this agreement, please contact us.
© Instimage Inc., since 2013