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Acceptable use policy Cookie information Privacy notice Webite terms of use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website sat imagefactory.io and any sub-domains thereof (our "Site").

Who we are and how to contact us

Imagefactory.io is a site operated by ATH DESIGN Limited. We are registered in England and Wales under company number 10085765 and we have our registered office at 85 Great Portland Street, London, W1W 7LT

To contact us, please email: info@imagefactory.io

By using our Site you accept these terms

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

Access to our site is made available free of charge, but fees may be payable should you wish to download images created, or access certain materials.

Save as we may have agreed with you in your subscription agreement, we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Website Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Images

When you create an image using our Site (“Image”) you may be required to upload logos, images or text ("Customer Materials"). You must be the lawful owner or licensee of any such Customer Materials and any such Customer Materials must comply with our Content Standards as set out in our Acceptable Use Policy.

Do not rely on information on this Site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the Site, including comments sections and forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on info@imagefactory.io

Our responsibility for loss or damage suffered by you

If you have entered into a subscription with us or have purchased an image from us:

If you have purchased an image or a Subscription from us, then our liability will be as set out in our Contract with you.

If you have not purchased an Image or a Subscription from us, then our responsibility to you will be governed as follows:

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Images to you, which will be set out in the relevant Terms of Supply.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Site; or
    • use of or reliance on any content displayed on our Site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • If you are a consumer user you agree not to use our site for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us

Uploading content or Customer Materials to our Site

Whenever you make use of a feature that allows you to upload content to our Site, to make contact with other users of our Site, or to upload Customer Materials to our Site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant and represent that any such contribution or Customer Materials does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and representation. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty and representation.

We also have the right to disclose your identity to any third party who is claiming that any content posted or Customer Materials uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use content you upload

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the website and across different media.

Rights you are giving us to use Customer Materials you upload

Any Customer Materials you upload to our Site will be considered non-confidential. You retain all ownership rights in your Customer Materials, but you grant us a non-exclusive licence to use, store and copy that content for the purposes of providing you with the relevant service on our Site. 

Malicious software

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page unless expressly agreed with us (whether as part of our Affiliate Program or otherwise).

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@imagefactory.io