Images Your Way Universal Terms of Service

PhotosYourWay.com, and ImagesYourWay.com,  (“YourWay”) is a family of companies and services.  YourWay offers a variety of services including websites (“Sites”) such as the PhotosYourWay.com, and ImagesYourWay.com,  websites, and the features, content, products, services, and applications offered from time to time in connection with those Sites (collectively the “Services”).

1. Your relationship with ImagesYourWay.com
   
   These Universal Terms of Service (“UTOS”) set forth the basic legal agreement between you and ImagesYourWay LLC (“IYW” or “ImagesYourWay”) regarding your use of the Services. There may be additional UTOS that apply to specific Services (“Additional UTOS”), such as buying and selling products on PhotsYourWay.com or ImagesYourWay.com. Notice of such Additional UTOS will be provided where they apply. Unless otherwise provided in the Additional UTOS, the Additional UTOS are hereby incorporated into these UTOS. These UTOS and the Additional UTOS collectively are referred to as the “UTOS.” If there is any contradiction between the Additional UTOS applicable to a specific Service and these UTOS, the Additional UTOS shall take precedence in relation to that particular Service.
   
   Because the UTOS form a binding legal agreement between you and IYW it is important that you take the time to read them carefully. By using the Services, you agree to be bound by the UTOS. If you do not accept these UTOS, you should leave this Site immediately. In addition, you may not use the Services if you cannot accept the UTOS because do not meet all of the following requirements (a) you are not of legal age or otherwise incapable to form a binding contract with IYW, (b) you are not at least 18 year of age or (c) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
   
   You may be given the opportunity to accept certain Additional UTOS by clicking to accept or agree to the Additional UTOS, where this option is made available to you by ImagesYourWay in the user interface for any Service. If you do not accept the Additional UTOS when so offered, you will not be allowed to use the Services to which those Additional UTOS apply.
   
   ImagesYourWay may change these UTOS from time to time at its sole option. Any modifications to the UTOS shall be effective upon posting on this Site. Any special rules regarding modifications to Additional UTOS will be set forth in those Additional UTOS. By using this Site, you agree to be bound by any changes to these UTOS when you use the Services after any such modification is posted. You should review the UTOS regularly to ensure that you are updated as to any changes. You can review the most current version of the UTOS at any time.
   
   
2. Your access to the Services
   1. Use of Content. The Services may include information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") posted by other users of the Services. ImagesYourWay does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ImagesYourWay be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ImagesYourWay or submitted to ImagesYourWay, including without limitation information in ImagesYourWay Community Boards and in all other parts of the Service.
   2. Technical requirements. The technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ImagesYourWay and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
   3. Compliance with Export and other laws. The Sites are hosted in the United States . When you use the Services, you will be causing communications to be sent through ImagesYourWay's computer network, portions of which may be located throughout the United States , and to other users who may be located throughout the United States and abroad. By using the Service, you acknowledge you may be engaging in interstate and international data transmissions. Certain Content available in connection with the Services may be further subject to United States export controls. When using the Service, you shall comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you are located outside the United States , you are solely responsible for complying with any applicable laws regarding your access to the Services. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content specifically.
   4. Dealing with Advertisers. You may use most of the Services without charge. In exchange, the Services may include messages from advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other UTOS, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ImagesYourWay shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
   5. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ImagesYourWay has no control over such sites and resources, you acknowledge and agree that ImagesYourWay is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ImagesYourWay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
      
      
3. Your Obligations as a ImagesYourWay Member
   1. Registration: Some of the Services are provided to members only. You become a member if you register and agree to any UTOS applicable to the Services. If you become a member it includes member registration, you agree that: (a) you are capable of forming a binding legal contract and at least 18 years of age; (b) you will provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (c) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ImagesYourWay has any other reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ImagesYourWay has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
   2. Privacy Policy for Members. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy or if you came from PhotosYourWay, then see our PhotosYourWay.com privacy policy. By using the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information by ImagesYourWay and its affiliates as set forth therein.
   3. Your passwords and account security. If you register to become a member, you will receive a user name and password. You are responsible for maintaining the confidentiality of you user name and password associated with any account you use to access the Services. You will be solely responsible to ImagesYourWay for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you must notify ImagesYourWay immediately.
   4. Member Conduct. All Content, whether publicly posted or privately transmitted, are the sole responsibility of the person who posts such Content via a Service. This means that you, and not ImagesYourWay, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. By posting Content, you represent and warrant that you own the content posted by you on or through the Services, or otherwise have the rights to grant to ImagesYourWay the licenses set forth herein. You also represent and warrant that the posting of your Content on or through the Services does not violate the privacy, publicity, intellectual property, or other rights of any other person. You agree to pay for all royalties, fees and any other monies owning to any person by reason of any Content you post on or through the Services. You also agree to not use the Service in any objectionable or illegal way. Without limiting the foregoing, you shall not:
      1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, lewd, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. harm minors in any way;
      3. impersonate any person or entity, including, but not limited to, another member, ImagesYourWay employee or representative, community leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
      5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
      7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
      8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
      10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
      12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
      13. "stalk" or otherwise harass another;
      14. cover or obscure the advertisements on the Services; and/or
      15. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
          
          Unless your have been specifically permitted to do so in a separate written agreement with ImagesYourWay, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

ImagesYourWay may delete any Content that in its sole judgment violates the Terms or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. ImagesYourWay assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time ImagesYourWay chooses, in its sole discretion, to monitor the Services, ImagesYourWay nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user submitting Content.

If in your opinion there is objectionable or offensive content on any ImagesYourWay.com web site you may notify us at  www.ImagesYourWay.com/objectionable/content

4. Proprietary Rights
   1. Rights Regarding the Services. You acknowledge and agree that ImagesYourWay.com (or Images Your Way’s licensors) own all legal right, title and interest in and to the Services other than the Content, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ImagesYourWay and that you shall not disclose such information without ImagesYourWay’s prior written consent.
      
      The materials on this web site belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use, unless otherwise provided in Additional UTOS.  If you use the materials or trademarks on this Service in a way that is not clearly allowed by these UTOS, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Services. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.
      
      ImagesYourWay.com grants you a personal, non-transferable and non-exclusive right and license to use the Service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ImagesYourWay for use in accessing the Service.
   2. Trademark rights. We also own the names we use for our products and services on this web site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark has been registered in the United States . A ™ following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. The The Photos Your Way logo, PhotosYourWay.com, Images Your Way logo, ImagesYourWay.com, trademarks, domain names and service marks and other logos and product and service names are trademarks of ImagesYourWay.com LLC and PhotosYourWay.com LLC, you may not to display or use in any manner these Marks without our specific written permission.
   3. Rights Regarding Content. ImagesYourWay does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you grant ImagesYourWay the following worldwide, royalty-free and non-exclusive license(s), as applicable:
      1. With respect to Content you submit or make available on publicly accessible areas of the Services that are marked for public redistribution at the time of your submission, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
         
         "Publicly accessible" areas of the Service are those areas of the ImagesYourWay Sites that are intended by ImagesYourWay to be available to the general public. By way of example, publicly accessible areas would include ImagesYourWay Community Boards and portions of ImagesYourWay Groups, Photos and ImagesYourWay Forums that are open to both members and users. However, publicly accessible areas of the Service would not include portions of ImagesYourWay Communities that are limited to members, ImagesYourWay services intended for private communication such as ImagesYourWay Mail, or areas off of the ImagesYourWay network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by ImagesYourWay.
         
         
   4. Your Suggestion and Contributions. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to ImagesYourWay through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ImagesYourWay is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ImagesYourWay shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ImagesYourWay may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ImagesYourWay without any obligation of ImagesYourWay to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ImagesYourWay under any circumstances.
      
      
5. Indemnity. You agree to indemnify and hold ImagesYourWay and its subsidiaries, affiliates, officers, agents, directors, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, including but not limited to your posting of any Content or use of Content posted by others, your connection to the Service, your violation of the UTOS, or your violation of any rights of another. ImagesYourWay reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ImagesYourWay's defense of such claim.
   
   
6. No Sale of Service. Unless your have been specifically permitted to do so in a separate written agreement with ImagesYourWay, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
   
   
7. General Practices for Use and Storage. ImagesYourWay may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service (at this time content or member account inactive for 12 months may maybe remove from access or deleted by IYW), the maximum size of any transmission that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on ImagesYourWay's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. ImagesYourWay has no responsibility or liability for the deletion or failure to store any messages and other communications, photos or other Content maintained or transmitted by the Service. ImagesYourWay reserves the right to log off accounts that are inactive for 12 months . ImagesYourWay reserves the right to modify these general practices and limits from time to time.
   
   
8. Changes to Service. ImagesYourWay reserves the right at any time and from time to time to modify or change, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ImagesYourWay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
   
   
9. Termination. You agree that ImagesYourWay may, for any reason with or without cause, and without prior notice, immediately terminate your ImagesYourWay account, any associated email address, and access to the Service. Termination of your ImagesYourWay account includes (a) removal of access to all offerings within the Service, including but not limited to PhotosYourWay, and ImagesYourWay, and their: Communities, Groups, Rental Agreements, Commission Agreements, Community Boards, Greetings, and Alerts, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. ImagesYourWay shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
   
   
10. DISCLAIMER OF WARRANTIES. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMAGESYOURWAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IMAGESYOURWAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    
    ANY MATERIAL, INCLUDING CONTENT, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMAGESYOURWAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE UTOS.
    
    THERE IS A SMALL PERCENTAGE OF THE POPULATION THAT MAY EXPERIENCE SEIZURES OR OTHER ADVERSE MEDICAL CONDITIONS OR ADVERSE SYMPTOMS FROM BEING EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN, IF YOU, OR ANYONE IN YOUR FAMILY HAVE A CONDITION THAT MAY BE ADVERSELY AFFECTED BY USE OF THE SERVICE IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN. IF YOU ARE AWARE THAT YOU OR YOUR FAMILY HAS IN THE PAST BEEN ADVERSELY IMPACTED FROM THE USE OF A COMPUTER YOU ARE ADVISED NOT TO USE THIS SERVICE.
    
    
11. LIMITATIONS OF LIABILITY. IMAGESYOURWAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IMAGESYOURWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
    
    
12. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections may not apply to you.
    
    
13. General Legal Terms
    1. No Third –Party Beneficiaries. You acknowledge and agree that each member of ImagesYourWay, including the group of companies of which Environmental Graphics LLC is the parent shall be third party beneficiaries to the UTOS and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the UTOS which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the UTOS.
    2. Notice. ImagesYourWay may provide you with notices, including those regarding changes to the UTOS, by email, regular mail or postings on the Service.
    3. Procedure For Making Claims For Infringement Of Copyright Or Intellectual Property. ImagesYourWay respects the intellectual property of others, and we ask our users to do the same. ImagesYourWay may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ImagesYourWay's Copyright Agent the following information:
       1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
       2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
       3. a description of where the material that you claim is infringing is located on the site;
       4. your address, telephone number, and email address;
       5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
       6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
          
          ImagesYourWay's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by mail at:
          Attention: Copyright Agent for ImagesYourWay
          717 Fifth Street South
          Hopkins, MN 55343
          By phone: (952) 278-0791
          By fax: (952) 938-4808
          By email: copyrights@yourwaybrands.com
    4. Complete Agreement. The UTOS constitute the whole legal agreement between you and ImagesYourWay and govern your use of the Services and completely replace any prior agreements between you and ImagesYourWay in relation to the Services.
    5. Jurisdiction and Venue. The UTOS, and your relationship with ImagesYourWay under the UTOS, shall be governed by the laws of the State of Minnesota without regard to its conflict of laws provisions. You and ImagesYourWay agree to submit to the exclusive jurisdiction of the courts located within the county of Hennepin , Minnesota to resolve any legal matter arising from the UTOS. Notwithstanding this, you agree that ImagesYourWay shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
    6. Waiver and Severability of UTOS. The failure of ImagesYourWay to exercise or enforce any right or provision of the UTOS shall not constitute a waiver of such right or provision. If any provision of the UTOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the UTOS remain in full force and effect.
    7. Enforcement of Rights. In addition to any rights set forth in the Privacy Policy, ImagesYourWay may access, preserve and disclose information about you, your use of the Services, and your Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the UTOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ImagesYourWay, its users and the public.
    8. No Right of Survivorship and Non-Transferability. You agree that your ImagesYourWay account is non-transferable and any rights to your ImagesYourWay ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
    9. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the UTOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    10. Violations. Please report any violations of the UTOS to abuse@yourwaybrands.com.  

This document was last updated November 21, 2007