Effective date: September 22nd, 2017
Last updated: February 1st, 2020
- Under the age of 16, you must have parental consent to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You agree that you will not solicit, collect or use the login credentials of other Service users.
- Other than as expressly set out in these terms or additional terms, neither image searcher nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific function of the Services, or their reliability, availability, or ability to meet your needs. we provide the Services “as is”.
- Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, national, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Envision.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Service users.
- You must not use domain names or web URLs in your username without prior written consent from Envision.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Service page is rendered or displayed in a user's browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, and all other data will no longer be accessible through your account but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to remove any images from our databases for any reason. For example, if any images violate our policies or have explicit content.
- We reserve the right to have a royalty free use of any of the images taken.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Envision is not responsible or liable for the conduct of any user. Envision reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's Service or application. Using this functionality typically requires you to login to your account on the third-party Service and you do so at your own risk. Envision does not control any of these third-party web Services or any of their content. You expressly acknowledge and agree that Envision is in no way responsible or liable for any such third-party Services or features. Your correspondence and business dealings with third parties found through the Service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party Service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following:
i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared;
ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Envision has not itself provided such information; and
iii) your use of an Application is at your own option and risk, and you will hold the Envision Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Envision' express consent).
- You agree that there is no legal or contractual relationship or obligation between you and the Envision for whatever reason by using the Service.
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Envision may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid Services, sponsored content, or commercial communications as such. You also acknowledge that we may use your email address and other identifiable information your provide during sign up to periodically communicate with you through newsletters or any other electronic campaigns.
- You represent and warrant that:
ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and
- The Service contains content owned or licensed by Envision ("Envision Content"). Envision Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Envision, Envision owns and retains all rights in the Envision Content and the Service. You will not remove, alter or conceal any copyright, trademark, Service mark or other proprietary rights notices incorporated in or accompanying the Envision Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Envision Content.
- The Service name and logo are trademarks of Envision, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Envision. In addition, all page headers, custom graphics, button icons and scripts are Service marks, trademarks and/or trade dress of Envision, and may not be copied, imitated or used, in whole or in part, without prior written permission from Envision.
- Although it is Envision intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Envision reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Envision, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Envision encourages you to maintain your own backup of your Content. In other words, Envision is not a backup Service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Envision will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- It is Envision policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Envision does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Envision is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and Services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
- We respect other people's rights, and expect you to do the same.
- If you repeatedly infringe other people's intellectual property rights, we will disable your access to the Service.
Disclaimer of Warranties
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Envision's request), indemnify and hold the Envision Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
- your Content or your access to or use of the Service;
- your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- any misrepresentation made by you. You will cooperate as fully required by Envision in the defense of any claim. Envision reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Envision.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Envision must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Envision to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Service or other feature that Envision provides. Software related to or made available by the Service may be subject to Netherlands export controls. Thus, no software from the Service may be downloaded, exported or re-exported:
- into (or to a national or resident of) any country to which the Netherlands has embargoed goods; or
- to anyone on the Netherlands Treasury Department's list of Specially Designated Nationals or the Netherlands Commerce Department's Table of Deny Orders.