Terms of Use

Introduction

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern images.e-ssences.com’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

 

License to use website

Unless otherwise stated, the intellectual property rights in the website and material on the website including without limitation, the text, scripts, graphics, files, images, photos, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned and licensed to Guest artists or photographers subject to the copyright by Creative Common License Agreement and foreign laws and other international conventions.

 

Protection of Intellectual Property

All elements of images.e-ssences.com website, including, but not limited to, the general design, photographs and the Content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with images.e-ssences.com or one of its guest photographers, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Guest artists and photographers unless otherwise expressly agreed.

 

Acceptable use

Images, other than comp images, may only be used commercially once you have entered into a license agreement or paid the relevant fee. Comp images may only be used for your internal layouts for sample purposes or for proofing presentations to end clients.

images.e-ssences.com copyright notice and image identification reference which appear in the Image file must remain with your digital copy of the Image at all times. You will retain the copyright notice, the name of Guest artists or photographers and any other information or metadata that is embedded in the electronic file that comprises any Image which you have downloaded from the Website or otherwise received from images.e-ssences.com. Failure to maintain the integrity of the copyright information will constitute a breach of this Agreement.

You must not use this website in any way that causes, or may cause, damage to the website or in any way which is unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the website or any of its material to discriminate, attack, criticize any person, group or institution negatively. We encourage the users to keep a positive state of mind and use the website and any of its material to enhance, improve, inspire and motivate others in a positive manner.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without images.e-ssences.com express written consent.

 

Model and Property Releases

images.e-ssences.com and its guest photographers gives no representations or warranties whatsoever as to the existence of any Release associated with the Image.

images.e-ssences.com and its guest photographers give no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image.

You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of the Image have been secured.

 

Restricted access

Access to certain areas of this website is restricted. images.e-ssences.com reserves the right to restrict access to other areas of this website, or indeed this entire website, at images.e-ssences.com’s discretion.

If images.e-ssences.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

images.e-ssences.com may disable your user ID and password in [NAME’S] sole discretion without notice or explanation.]

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to images.e-ssences.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or images.e-ssences.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

images.e-ssences.com reserves the right to edit or remove any material submitted to this website, or stored on images.e-ssences.com servers, or hosted or published upon this website.

[Notwithstanding images.e-ssences.com rights under these terms and conditions in relation to user content, images.e-ssences.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

Privacy

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied. images.e-ssences.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, images.e-ssences.com does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

 

Limitations of liability

images.e-ssences.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]

for any indirect, special or consequential loss; or

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit;

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

Links to Third Party Website’s
The Website may include links to third party website’s that are controlled and maintained by others. Any link to other website(s) is not an endorsement of such website(s) and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

 

Breaches of these terms and conditions

Without prejudice to images.e-ssences.com other rights under these terms and conditions, if you breach these terms and conditions in any way, images.e-ssences.com may take such action as images.e-ssences.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

images.e-ssences.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

General

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of the Philippines.

If you have questions you may contact us:

images@e-ssences.com

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