163
Additional Information
16. Indemnity
Since you are responsible for your Member Content and the consequences of its use
and publication, you agree to indemnify and hold ImageStation, its parents,
subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless
from and against any and all claims, demands, and expenses, including attorneys’
fees, made by any third party, due to or arising from: (a) your use of the Site or the
Service; (b) your violation of this Membership Agreement; (c) your violation of a
third party’s privacy rights; (d) your violation or infringement of a third party’s
copyright, trademark, trade secret, patent, or other intellectual property rights; (e)
any libelous or unlawful material contained within your Member Content; or (f)
your violation of this Membership Agreement.
17. Force Majeure
ImageStation is not liable for any delay or failure in performance resulting directly
or indirectly from causes beyond its reasonable control, including, without
limitation, failure of the Internet, power failure, failure of computer,
telecommunication or other equipment, strikes, labor disputes, riots, insurrections,
civil disturbances, shortage of labor or materials, fires, floods, storms, explosions,
act of God, war, governmental actions, orders of domestic or foreign courts, non-
performance of third parties.
18. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent
modification thereto, or become dissatisfied with the Service, the Site, or any
materials, data, text, images, video, audio, music, sound or other Site Content, or
any transaction entered into through the Site or Service, your only recourse is to
immediately discontinue use of the Service and notice ImageStation of such
termination.
The preceding sentence sets forth your sole and exclusive remedy
regarding any objection to the terms of this Membership Agreement, or any
dissatisfaction with the Service or the Site.
ImageStation reserves the right, in its sole discretion, to terminate all or a portion of
the Service at any time and for any reason.
ImageStation reserves the right, in its sole discretion, to terminate your Membership
in the Site, or to remove your Member Content (including unlisted, password
protected and unassigned Member Content) or to edit, delete or remove any
postings from the Site without prior notice for any cause or no cause in its sole
discretion.
Any termination under any provision of this Membership Agreement may be
effected without prior notice, and ImageStation may immediately delete and
discard all of your Member Content, and/or bar any further access to such files on
the Site or through the Service. Upon any termination of your Membership, or of
this Membership Agreement, your right to use the Service will immediately cease.
ImageStation will have no obligation thereafter to host or provide access to your
Member Content, or to forward any materials stored through the Service or any
unread or unsent messages. ImageStation may retain certain materials for
administrative and other reasons.
