Terms of service
The purpose of this website, Hyerimages.com (the "Site"), is to provide web publishing services. Please read these terms of service ("Agreement") carefully before using the Site or any services provided on the Site (collectively, "Services"). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You ("Subscriber" or "You") under the following terms and conditions:
Access to the Services
Subject to the terms and conditions of this Agreement, Hyerimages.com, may offer to provide the Services, as described more fully on the Site, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Hyerimages.com performs for Subscriber, as well as the offering of any Content (as defined below) on the Site. Hyerimages.com may change, suspend or discontinue the Services at any timeluding the availability of any feature, database, or Content. Hyerimages.com may also impose limits on certain features and services or restrict Subscriber's access to parts or all of the Services without notice or liability. Hyerimages.com reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice via e-mail, where possible, or on the Site. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications.
Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies to Hyerimages.com that if Subscriber is an individual (i.e., not a corporate entity), Subscriber is at least 13 years of age. No one under the age of 13 may provide any personal information to or on Hyerimages.com (including, for example, a name, address, telephone number or email address). Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Hyerimages.com will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Hyerimages.com to minimize such disruption where it is within Hyerimages.com reasonable control.
You agree that Hyerimages.com will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, your Subscriber Content or other Content.
Hyerimages.com retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Servicesluding, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Site and its contents are intended solely for the use of Hyerimages.com Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and Themes (as defined below), including without limitation the Hyerimages.com Template Code (as defined below) (collectively, "Content") (other than Content posted by Subscriber ("Subscriber Content")) are the property of Hyerimages.com and or third parties. All trademarks, service marks, and trade names are proprietary to Hyerimages.com andor third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Hyerimages.com, or from the copyright holder identified in such Content's copyright notice. In the event You download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to You by Hyerimages.com or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. You may own the Subscriber Content on which the Software is recorded, but Hyerimages.com or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but hereby grants and agrees to grant Hyerimages.com a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so ("Content License") in order to provide the Services. On termination of Subscriber's membership to the Site and use of the Services, Hyerimages.com shall make all reasonable efforts to promptly remove from the Site and cease use of the Subscriber Content; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed. Subscriber warrants, represents and agrees Subscriber has the right to grant Hyerimages.com and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that
(a) infringes, violates or otherwise interferes with any copyright or trademark of another party,
(b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it,
(c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
(e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or
(f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Hyerimages.com reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber's right to use the Services at any time, or pursue any other remedy or relief available to Hyerimages.com andor the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Hyerimages.com is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber's right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Hyerimages.com user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to
(a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual,
(b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or
(d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.