IncredibleFeatures.com

legal terms

WEBSITE TERMS AND CONDITIONS OF USE

Welcome to our website (“Site”). These terms and conditions of use (“Terms”)
constitute a legal agreement between you and a subsidiary of Incredible Features, Inc. (“Incredible Features”). Your use of this Site constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use this Site.

Ownership of This Website and Its Contents

This Site is owned by Incredible Features. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographic images, moving
images, sound, illustrations and software (“Incredible Features Content”), is owned by Incredible Features, its licensors or its third-party image partners.

All elements of the Incredible Features Site, including, but not limited to, the general
design and the Incredible Features Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written license or agreement with Incredible Features, no portion or element of this Site or the Incredible Features Content may be copied or retransmitted via any means, and all related rights shall remain the exclusive property of Incredible Features, its licensors or its third-party image partners. You shall indemnify Incredible Features, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your use of or inability to use the Site, your breach or alleged breach of these Terms or of any representation or warranty contained herein, or your unauthorized use of the Incredible Features Content or Site.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, Incredible Features has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Incredible Features, account holders who are deemed to be repeat infringers. Incredible Features may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Use of the Site

This Site and the Incredible Features Content are intended for customers of Incredible Features. You may not use this Site or the Incredible Features Content for any purpose not related to your business with Incredible Features. Any use of the Incredible Features Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, passcodes or other permissions that may have been granted by Incredible Features for use of this Site.

Trademarks

“Incredible Features,” “IFI photo,” are trademarks of Incredible Features, its subsidiaries or its third-party image partners. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site except as provided in these Terms is strictly prohibited.

Forums and Other Interactive Services or Areas

The Site may include discussion forums or other interactive areas or services,
including blogs, chat rooms, bulletin boards, message boards, online hosting or
storage services, or other areas or services in which you or third parties create, post
or store any content, messages, comments, materials or other items on the Site
(“Interactive Areas”). You are solely responsible for your use of such Interactive
Areas and use them at your own risk. By using any Interactive Areas, you agree not
to post, upload, transmit, distribute, store, create or otherwise publish through the
Site any of the following:

a. Any message, comment, data, information, text, music, sound, photos, graphics,
code or other material (“User Content”) that is unlawful, libelous, defamatory,
obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent
or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party or that would otherwise create
liability or violate any local, state, national or international law, including, without
limitation, the regulations of the U.S. Securities and Exchange Commission or any
rules of a securities exchange such as the New York Stock Exchange, the American
Stock Exchange or the NASDAQ;

c. User Content that may infringe any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party. By posting any User Content, you
represent and warrant that you have the lawful right to distribute and reproduce
such User Content;

d. User Content that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. Private information of any third party, including, without limitation, addresses,
phone numbers, email addresses, Social Security numbers and credit card numbers;

g. Viruses, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in the sole judgment of Incredible Features, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Incredible Features or its users to any harm or liability of any type.

Incredible Features takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Incredible Features liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Incredible Features is not liable for any statements, representations or User Content provided by its users in any public forum, personal homepage or other Interactive Area. Although Incredible Features has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Incredible Features reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Incredible Features may access, use or disclose any information about you or your use of this Site, including, without limitation, any User Content to comply with the law or any legal process; protect and defend the rights or property of Incredible Features; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the Site, unless we indicate otherwise, you grant Getty
Images and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such User Content throughout
the world in any media. You grant Incredible Features and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Disclaimers

THIS SITE AND THE INCREDIBLE FEATURES CONTENT ARE PROVIDED “AS IS” AND INCREDIBLE FEATURES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. INCREDIBLE FEATURES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT INCREDIBLE FEATURES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.

Incredible Features uses reasonable efforts to ensure the accuracy, correctness and
reliability of the Incredible Features Content, but we make no representations or
warranties as to the Incredible Features Content’s accuracy, correctness or reliability.
Images of people or places displayed on the Site are either the property of, or used
with permission by, Incredible Features or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications’ regulations and statutes.

There may be links to other websites from this Site; however, these other websites
are not controlled by Incredible Features and we are not responsible for any content
contained on any such website or any loss or damage suffered by you in relation to
your use of such websites. You waive any and all claims against Incredible Features
regarding the inclusion of links to outside websites or your use of those websites.
Additionally, parties other than Incredible Features provide services from this Site. For example, you may obtain information regarding certain photographer’s services
through Incredible Features Photo Assignments. Incredible Features does not evaluate or warrant the offerings or services of these parties, and except as otherwise provided by written agreement, does not assume any liability for the actions, product, services or content of these parties.

Some US states and foreign countries do not permit the exclusion or limitation of
implied warranties or liability for certain categories of damages. Therefore, some or
all of the limitations above may not apply to you to the extent they are prohibited or
superseded by state or national provisions.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the
State of California, USA, without reference to its laws relating to conflicts of law
and not including the provisions of the 1980 United Nations Convention on Contracts
for the International Sale of Goods. Users of this Site agree that any and all disputes
arising from the use of this Site, or the ordering of materials from this Site, shall be
settled by binding arbitration by a single arbitrator to be held in Los Angeles, California pursuant to the then current rules of the American Arbitration Association.
Notwithstanding the foregoing, however, Incredible Features shall have the right to
commence and prosecute any legal or equitable action or proceeding before any non-
US court of competent jurisdiction to obtain injunctive or other relief in the event
that, in the opinion of Incredible Features, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.

No Waiver, Severability

No action of Incredible Features, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Incredible Features Content displayed on this Site, and any license or product prices contained on the Site, and any information or license terms without prior notice. These Terms set out the entire agreement between Incredible Features and you relating to your use of this Site.