THIS SITE IS NEITHER OWNED NOR OPERATED BY FACEBOOK INC., WHICH IS THE COMPANY RESPONSIBLE FOR PUBLISHING, OPERATING, AND MAINTAINING THE SOCIAL NETWORKING WEBSITE LOCATED AT FACEBOOK.COM. EXCEPT FOR THE FACT THAT THE IMAGES LICENSED THROUGH THIS SITE ARE SUITABLE FOR USE WITH THE SERVICES PROVIDED BY FACEBOOK INC., WE ARE NOT AFFILIATED IN ANY WAY WITH FACEBOOK INC. OR FACEBOOK.COM. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USES ON THIS SITE OF THE TERMS "FACEBOOK" OR "FACEBOOK.COM" ARE IN A PURELY NOMINATIVE SENSE TO TRUTHFULLY IDENTIFY WHERE THE IMAGES LICENSED THROUGH THIS SITE MAY BE USED.
The Timeline Images Service permits users to purchase limited licenses to original images. Purchased images may then be used to illustrate such users personal timelines on Facebook. You must be at least thirteen years old and have internet access, a valid credit card or check card, and a valid email address to use the Timeline Images Service.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your consent to electronic agreements is necessary for use of the Timeline Images Service. You may withdraw consent by sending us an email; however, this will result in the termination of your ability to use the Timeline Images Service.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dreamstime or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Dreamstime and is protected by U.S. and international copyright laws. All software used on this Site is the property of Dreamstime or its software suppliers and is protected by United States and international copyright laws.
Dreamstime, Dreamstime.com, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Dreamstime in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not Dreamstime's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dreamstime. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of Dreamstime. All other trademarks not owned by Dreamstime that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dreamstime.
We grant to you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dreamstime. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dreamstime. Any unauthorized use terminates the permission or license granted by Dreamstime. THE LIMITED LICENSE SET FORTH IN THIS SECTION 9 EXPRESSLY DOES NOT EXTEND OR APPLY TO IMAGES THAT ARE DOWNLOADED SUBJECT TO THE SEPARATELY PURCHASED LICENSES OFFERED FOR SALE TO USERS OF THE SITE, TERMS OF WHICH PURCHASED LICENSES ARE SET FORTH BELOW IN SECTION 11.
Watermarked versions of images that are available for license are provided as part of the Site solely for the purpose of permitting users to preview and select images for purchase. Except for this limited, internal testing and sample use, Dreamstime grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked image. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any image on the Site.
The purchase of image licenses on this Site is subject to these additional Image License Purchase Terms and Conditions. By purchasing a license to any image from the Site, you agree to be bound by these Image License Purchase Terms and Conditions, which are subject to change by Dreamstime at any time, in its sole discretion. Changes to these Image License Purchase Terms and Conditions will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of these Image License Purchase Terms and Conditions.
a) Purchase of Image Licenses You may purchase licenses to images through the Site on an "a la carte" basis. If you purchase an image license on an "a la carte" basis, you pay for the image license that you select, and your credit card is charged at the time you make the purchase.
b) Image License Grant When you purchase an image license, we grant to you a limited, revocable, non-exclusive, non-transferable license to download the associated image to your computer solely for your personal non-commercial use. You may upload and display the licensed image on your own personal Facebook timeline, or other similar social networking use (e.g., Google+, MySpace, Pinterest, personal blog). You may also copy any of your licensed images onto a CD or other tangible media device once for archival purposes. You agree to refrain from otherwise copying, reproducing, distributing or using the licensed image other than as expressly set forth herein. You acknowledge and agree that the foregoing Image License Grant expressly does not grant you the right to (i) reproduce any licensed images in print; (ii) affix any licensed image to any merchandise or hard good; or (iii) utilize any licensed image as a logo or emblem. Except as expressly permitted herein, you will not sell, transfer, lease, modify, distribute or publicly display the licensed image in any manner, and you will not exploit the image commercially. You agree to not decompile, disassemble, or reverse engineer the licensed image, or modify the image or create any derivative works therefrom. The license to the image that you purchase will continue for as long as your copy of the image exists pursuant to these Image License Purchase Terms and Conditions.
c) Pricing With respect to all "a la carte" purchases, except where otherwise noted, any list price displayed represents the full retail price listed on the image license, as determined by Dreamstime, or as suggested by the supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Prices of all image licenses are subject to change at any time in our sole discretion. All such pricing changes will be posted to the Site.
d) Risk of Loss You bear all risk of loss for completing the download of a licensed image after purchase, once we have made such image available to you, and for any loss of any image you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Licensed images may become unavailable due to potential content provider licensing restrictions or other reasons, and Dreamstime will not be liable to you if a particular becomes unavailable for further download. Accordingly, we encourage you to download licensed images promptly after purchase and to make back-up copies. If you are unable to complete a download after having reviewed our online help resources, please contact Dreamstime's customer service.
e) Availability of Images We will exercise reasonable efforts to provide licensed images in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. Your sole remedy with respect to licensed images that are not delivered within a reasonable period will be the replacement of such images with comparable images.
f) Fees and Credits You agree that you will pay promptly, and we may charge your credit card for, any image license, accessory, or related additional amounts (including taxes and late fees, as applicable) ("Purchase Fees") as may be accrued in connection with any purchase you make. All Purchase Fees will be billed to the credit card you designate at the time of purchase. You agree that Dreamstime may use all available legal means to collect Purchase Fees should our attempts to charge your credit card fail for any reason, including any collection agency and legal fees.
In any case where we agree to issue you a credit for purchases of an image license that was not completed due to technical difficulties or other issues, such credits will be issued in the same form as the means of purchase (i.e., if the purchase was made through a charge to a credit card, the corresponding amount will be credited back to your credit card account).
g) Limited Express Warranty for Licensed Images Except as expressly provided herein, any image license you purchase is provided "AS IS" and "AS AVAILABLE." Dreamstime warrants that (i) the images you license directly through the Timeline Images Service will be of a quality suitable for human viewing; and (ii) the media in which the images are provided will be free from material defects on delivery, if, in each case, the image is obtained pursuant to our instructions using equipment that is in good operating condition and meets the specifications for access to the Site.
If you find a defect in a licensed image, you may contact Dreamstime's customer service and we will consult with you on proper downloading procedures and hardware requirements. If you are still unable to download a working copy of the image or the image is not as warranted above, Dreamstime will provide you with a replacement image, if you advise Dreamstime within 7 days of your first attempt to download the material by calling Dreamstime's customer service or submitting the customer service request form available on the Site, provided you meet the registration, technical, and payment requirements for the Timeline Images Service.
THE FOREGOING WARRANTIES DO NOT COVER DEFECTS CAUSED BY VIRUSES, DISABLING CODES, ACCIDENT, MISHANDLING, MISUSE, IMPROPER INSTALLATION, SERVICE OR MAINTENANCE, MODIFICATION OF ANY LICENSED IMAGE OR THE MEDIA ON WHICH ANY LICENSED IMAGE IS FURNISHED, OR THE USER'S LACK OF THE NECESSARY HARDWARE/SOFTWARE.
OTHER THAN AS EXPRESSLY PROVIDED ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE TIMELINE IMAGES SERVICE OR LICENSED IMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TIMELINE IMAGES SERVICE AND LICENSED IMAGES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT LICENSED IMAGES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO DREAMSTIME EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED ABOVE.
We use a variety of means to protect the security of this Site. You agree not to attempt to access data or materials not intended for you, log into a server that you are not authorized to access, test the vulnerability of our network and security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through this Site, you agree that protection of your own software, personal computer and other devices from malicious software is your responsibility and agree to install anti-virus and other security protections.
We may permit visitors to post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
Dreamstime may terminate the accounts of users who infringe the intellectual property rights of others, including those users we deem, in our sole discretion, to be repeat infringers of copyright. If you believe that your work has been used or copied in a way that constitutes copyright infringement, and such infringement is occurring on this Site, send us a written notice of the same containing:
a) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner;
b) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing;
c) a description of where the material that you claim is infringing is located on the Site;
d) information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
e) a statement that you have a good-faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law;
f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Dreamstime has designated and registered with the United States Copyright Office the following agent for receipt of notices of alleged copyright infringement appearing on the Site:
Mark J. Bryn, Esq.
Bryn & Associates, P.A.
One Biscayne Tower, Suite 2680
Two Biscayne Boulevard
Miami, Florida 33131
Fax: (305) 372- 8068
THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DREAMSTIME THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA OUR CONTACT FORM OR BY PHONE TO 800-243-1791.
Our business will change over time, and we reserve the right to modify, suspend or discontinue any service or any content we offer, in whole or in part, at any time, including the Timeline Images Service, with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, with respect to any purchase you have made on the Site.
THE TIMELINE IMAGES SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TIMELINE IMAGES SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING IN ANY OTHER POLICY POSTED ON THIS SITE AND APPLICABLE TO THE TIMELINE IMAGES SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE TIMELINE IMAGES SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH THE TIMELINE IMAGES SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE TIMELINE IMAGES SERVICE IN EXCESS OF THE GREATER OF (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SERVICE OR LICENSE GIVING RISE TO THE DAMAGE (IF APPLICABLE), OR (B) ONE HUNDRED DOLLARS (US$100).
THE LAWS IN CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We may offer content from parties other than Dreamstime and may permit parties other than Dreamstime to provide services or sell products on the Site or in connection with the Timeline Images Service. We may also provide links on the Site to the websites of affiliated companies and certain other businesses. We are a distributor, not a publisher, of any materials we offer from third parties and are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. Dreamstime does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review such parties' privacy statements and other conditions of use.
Any dispute relating in any way to your visit to the Site or to products or services sold or distributed by Dreamstime or through the Site in which the aggregate total claim for the relief sought on behalf of one or more parties exceeds $1,500 will be adjudicated in any state or federal court in Miami-Dade County, Florida, and you consent to the exclusive jurisdiction and venue in such courts.
"FACEBOOK" is a registered trademark of Facebook Inc. Neither the TimelineImages.com website nor its owner, Dreamstime.com LLC, is not affiliated or associated in any way with Facebook Inc. or the Facebook.com website.