The following Terms of Service govern all use of the morguefile.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by morguefile.com. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by morguefile.com (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services.
- Your Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and morguefile.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause morguefile.com liability. You must immediately notify morguefile.com of any unauthorized uses of your account or any other breaches of security. morguefile.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Website Visitors. morguefile.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, morguefile.com does not represent or imply that it endorses any posted material, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. morguefile.com disclaims any responsibility for any harm resulting from the use by Website users, or from any downloading by those users of content there posted.
- Content Posted on Other Websites. morguefile.com has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which morguefile.com links, and that link to morguefile.com. morguefile.com does not have any control over those non-morguefile.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-morguefile.com website or webpage, morguefile.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. morguefile.com disclaims any responsibility for any harm resulting from your use of non-morguefile.com websites and webpages.
- Copyright Infringement and DMCA Policy. As morguefile.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by morguefile.com violates your copyright, you are encouraged to notify morguefile.com at admin at morguefile.com in accordance with the Digital Millennium Copyright Act. morguefile.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of morguefile.com or others, morguefile.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, morguefile.com will have no obligation to provide a refund of any amounts previously paid to morguefile.com.
- Intellectual Property. This Agreement does not transfer from morguefile.com to you any morguefile.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with morguefile.com. All trademarks, service marks, graphics and logos used in connection with morguefile.com, or the Website are trademarks of morguefile.com or its licensors. Your use of the Website grants you no right or license to reproduce or otherwise use any morguefile.com or third-party trademarks.
- Changes. morguefile.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. morguefile.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. morguefile.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by morguefile.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from morguefile.com's notice to you thereof; provided that, morguefile.com may terminate this Agreement and your access to the Website immediately as part of a general shutdown of the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". morguefile.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither morguefile.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will morguefile.com, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, indirect or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for direct damages in an amount in excess of $250 USD. morguefile.com shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless morguefile.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, damages, claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to any such losses, damages, claims and expenses arising out of your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between morguefile.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of morguefile.com, or by the posting by morguefile.com of a revised version which you affirmatively accept by clicking "I accept," "I agree" or similar act of assent. This Agreement will be governed by the laws of the state of New Jersey, excluding its conflict of law provisions, and the exclusive venue for any disputes arising out of or relating to this Agreement will be the state and federal courts located in New Jersey, USA. You may not assign this Agreement without morguefile.com's prior written consent.