TERMS AND PRIVACY
Last updated: April 2018
This agreement is between the company or individual (hereinafter, “You”, "Your") and Imagedesk liability company (hereinafter,"Imagedesk", "We", "Us” and “Our”). You are subject to the following terms and conditions.
By registering for and using the Imagedesk site, you agree to be bound by the terms of this agreement. This agreement consists of the terms set forth in this document together with all applicable policies and procedures that appear on Our website. We may at our discretion without notice change these terms by posting the changes on Our site. You shall monitor and read these changes. You accept these changes when you continue to use the site after Imagedesk posts them. If you don’t agree with a change, don’t continue using the site.
Our team of operators provide photo editing, floor plans and video editing services to you (“Services”). The editing options, editing plans, and editing procedures are listed on Our website at imagedesk.fi
We reserve the right to make changes to its editing options, editing plans, and editing procedures. You accept these changes when continuing to use the services after We make the change.
You shall submit the request for editing services using the Imagedesk uploader or other methods it designates. Imagedesk may temporarily suspend its uploader whenever it needs to make upgrades, maintenance, and the like.
Notwithstanding any provision of this agreement, Imagedesk will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of its site and uploader (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the site and/or any page thereof and any element, aspect, portion or feature thereof, from time to time). Imagedesk operators will not do anything contrary to the law or which violates Imagedesk policies.
This agreement is effective on the date You sign up for any one of the Imagedesk services. Either party may at any time terminate this agreement without cause and without notice. If Imagedesk terminates this agreement, then it may suspend or terminate Your username, password and account, deem any services completed by an editor as accepted and remit the payment to You.
We are flexible in payment method based on frequency and volume of Your order so You shall pay Us for its services according to the pricing published on Our website or through both parties contract.
All invoices for any charges under this agreement are due and payable on the day submitted. For Your paying via credit card, Your credit card is charged simultaneously with the creation of Your invoice. Your account will be considered delinquent (in arrears) if payment in full is not received by the due date specified on the invoice.
Amounts due are exclusive of all applicable taxes, levies, or duties, and You will be responsible for payment of all such amounts. All amounts are payable in Euros. If You believe that any specific charge under this agreement is incorrect, in order to obtain a credit, You must contact Imagedesk in writing within 30 days of invoice date setting forth the nature and amount of the requested correction; otherwise, invoices are final.
In addition to other applicable remedies, Imagedesk may suspend and/or terminate Your access to the Service and/or terminate this agreement, upon three days’ email notice, if Your account becomes delinquent (falls into arrears) or the credit care on file does not go through.
Delinquent invoices are subject to the interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
4. Appropriate Use of Service
You may not sublicense, resell or supply the Service for use in or for the benefit of any other organization, entity, business, or enterprise without Our prior written consent.
You agree not to submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively “Objectionable Matter”).
It is Your sole responsibility to ensure that any Objectionable Matter is not submitted to Imagedesk. In addition, Imagedesk may, at its option, adopt rules for permitted and appropriate use and may update them from time to time on Our website; You will be bound by any such rules.
Imagedesk may remove any photograph or data that constitutes Objectionable Matter or violates any of Our rules regarding appropriate use, but is not obligated to do so. You will comply with all applicable laws regarding photos and data, use of the Service, including laws involving private data and any applicable export controls. Imagedesk reserves the right to terminate this agreement for cause in case You materially breach the provisions of this section.
Imagedesk reserves the right to suspend or terminate immediately Your account or activity that is disrupting or causing harm to Our computers, systems or infrastructure or to other parties, or is in violation of laws.
5. Passwords and Access
You are responsible for all activities that occur in your account. You are also responsible for maintaining the security and confidentiality of all usernames and passwords.
You shall notify Us immediately of any unauthorized use of its username or password or account or any other known or suspected breach of security. You shall change the password if it’s compromised.
All photos and other data submitted by You to Imagedesk will remain the sole property of You to the full extent provided by law.
You will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all photographs and data you submit to Imagedesk.
Imagedesk may use photographs uploaded for various marketing activities with Your permission. Your personal data will not be used for any purpose other than to provide the Service to You and for statistical reporting purposes.
Imagedesk may aggregate anonymous statistical data, including but not limited to, use and functioning of its system, for various marketing and internal activities to improve the system. Such aggregated statistical data will be the sole property of Us. We will use commercially reasonable security measures to protect the photographs and data against unauthorized disclosure or use.
7. Imagedesk Data
Imagedesk and its suppliers retain all rights in Our data such as text, audio, video, graphics and other information. This agreement grants no ownership rights to You. No license is granted to You except to use Our Services. Our names, logos, and the product names associated with Our online services are trademarks of Us or third parties, and they may not be used without Our prior written consent. You shall not remove Our marks from these licensed materials.
You may not alter, resell or sublicense Our services. You shall not reverse engineer Our services or its software or other technology, in part or whole.
You shall not use or access Our services to:
(i) build a competitive product or service,
(ii) make or have made a product using similar ideas, features, functions or graphics of the online services,
(iii) make derivative works based on the service or Our data or
(iv) copy or share with any non-user not bound by Our service agreement any features, functions or graphics of the services or Our data, either electronic or physical, including screenshots of the system.
You shall not “frame” or “mirror” the services. Use, resale or exploitation of the services and/or Our data except as expressly permitted in this agreement, is prohibited.
We make no warranty or representation, express or implied, including without limitation those of merchantability or fitness for a particular purpose regarding its website and services related to this agreement.
Our services, products and content are provided to You on an “as is” and “as available” basis. You assume all responsibility for determining whether the service or the information generated thereby is accurate or sufficient for its purposes.
Imagedesk does not warrant that use of the system will be error-free or uninterrupted. Imagedesk is not responsible for software installed or used by You or for the operation or performance of the Internet.
Imagedesk is responsible and has all discretion related to customer service issues related to using of its site.
The aggregate liability of Imagedesk and its affiliates (and their respective employees, directors, agents and representatives) for any sort of claim related to this agreement, including contracts and torts, that You make against it will not exceed the amount earned by Us under this agreement in the twelve months before the event occurred. Except as otherwise provided in this agreement, You shall pay for all of Our financial losses related to any sort of third-party claim.