TERMS OF USE
Revised 12-30-08
Urchive, LLC and its licensors (together “Urchive”, “We”, or “Us”) permit access to, and use of, the software and tools accessible through the top level domain www.Urchive.com (the “Site” or the “Service”) and the applicable sub-domains to you (“You” or the “User”) only in accordance with the terms contained within these Terms of Use (“Terms of Use” or the “Agreement”). Please read these Terms of Use carefully as they contain important information regarding your obligations, rights, and remedies. By accessing or using the Site You signify that You have read, understand and agree to be bound by these Terms of Use, whether or not You are a registered member of the Site. These Terms of Use may be changed or amended at any time at our discretion. Please check back here often as Your continued use of the Site after any such change constitutes your acceptance of such changes.
REGISTRATION DATA
To purchase from or register as a member of the Service you must be 18 years or over.
You agree to (a) provide information about You (the “Registration Data”) prompted by any registration forms on the Site in an accurate, current, and complete fashion, (b) maintain and update the Registration Data in order to keep it current, (c) maintain the security of your password and be fully responsible for all use of your account. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
To purchase from or register as a member of the Service you must be 18 years or over.
You agree to (a) provide information about You (the “Registration Data”) prompted by any registration forms on the Site in an accurate, current, and complete fashion, (b) maintain and update the Registration Data in order to keep it current, (c) maintain the security of your password and be fully responsible for all use of your account. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
PASSWORD
When you register as a member you will be asked to create a password. As you will be responsible for all activities on the Service that occur using your password, it is important that you keep your password confidential. You must notify Urchive immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
When you register as a member you will be asked to create a password. As you will be responsible for all activities on the Service that occur using your password, it is important that you keep your password confidential. You must notify Urchive immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
PRIVACY
We have a firm commitment to safeguarding your privacy. Please review Urchive’s Privacy Policy the terms of which are incorporated into, and considered part of, these Terms of Use.
We have a firm commitment to safeguarding your privacy. Please review Urchive’s Privacy Policy the terms of which are incorporated into, and considered part of, these Terms of Use.
RESPONSIBILITY FOR YOUR IMAGES AND INFORMATION
You are responsible for all of the images and textual information you upload, share or copy using the Service. You must either own all right, title and interest in and to the copyrights in the images and information or have express permission from the copyright owner to copy and use such images for all purposes related to the Service, and the images may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service unless you are certain that you have secured all applicable rights.
Urchive does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Service (for example, in slideshows and on reports that you create) and fulfill any requests to view images by you or by others who have access to your account, you grant to Urchive a non-exclusive, royalty-free license to use, copy, distribute and display those images. Please note that when you share images with others, you allow the recipients to share the images with additional third parties.
You are responsible for all of the images and textual information you upload, share or copy using the Service. You must either own all right, title and interest in and to the copyrights in the images and information or have express permission from the copyright owner to copy and use such images for all purposes related to the Service, and the images may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service unless you are certain that you have secured all applicable rights.
Urchive does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Service (for example, in slideshows and on reports that you create) and fulfill any requests to view images by you or by others who have access to your account, you grant to Urchive a non-exclusive, royalty-free license to use, copy, distribute and display those images. Please note that when you share images with others, you allow the recipients to share the images with additional third parties.
MONITORING OF CONTENT
Urchive does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
Suspension and Termination of Access and Membership
You agree that Urchive may at any time without notice:
1. refuse to accept your application to become a member;
2. move, change, or suspend any part of the Service; or
3. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Urchive's sole discretion, you fail to comply with any of these Terms or if an applicable governmental authority requires us to do so.
Urchive does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
Suspension and Termination of Access and Membership
You agree that Urchive may at any time without notice:
1. refuse to accept your application to become a member;
2. move, change, or suspend any part of the Service; or
3. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Urchive's sole discretion, you fail to comply with any of these Terms or if an applicable governmental authority requires us to do so.
GRANT OF LICENSE
Urchive grants to You a limited, personal, temporary, non-exclusive, non-sublicensable, non-transferable license to access and use the Site for your personal non-commercial use only. Except as to information and content You upload, publish or display (hereinafter “Post”) on or through the Site (hereinafter “User Content”), no content on the Site (the “Site Content”) may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Urchive’s prior written consent. Any use of the Site other than as specifically authorized herein is strictly prohibited and will terminate the license. This license is revocable at any time without notice and with or without cause.
Urchive grants to You a limited, personal, temporary, non-exclusive, non-sublicensable, non-transferable license to access and use the Site for your personal non-commercial use only. Except as to information and content You upload, publish or display (hereinafter “Post”) on or through the Site (hereinafter “User Content”), no content on the Site (the “Site Content”) may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Urchive’s prior written consent. Any use of the Site other than as specifically authorized herein is strictly prohibited and will terminate the license. This license is revocable at any time without notice and with or without cause.
PROPRIETARY RIGHTS IN SITE
This license does not convey to You an interest in or to the Site, but only a limited right of use. All Site Content is the proprietary property of Urchive, its users, or its licensors. All rights not expressly granted herein are reserved to Urchive.
This license does not convey to You an interest in or to the Site, but only a limited right of use. All Site Content is the proprietary property of Urchive, its users, or its licensors. All rights not expressly granted herein are reserved to Urchive.
USER CONDUCT
You agree not to use the Service:
1. For any unlawful purposes;
2. To Post, email or otherwise transmit or communicate any material that is obscene, offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. To Post, email or otherwise transmit or communicate any material that You do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Urchive LLC;
4. To harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
5. To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
6. To attempt to upload images by any method to another user’s account without permission;
7. To Post, email or otherwise transmit any material which is likely to cause harm to Urchive LLC or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
8. To use the Site in any manner that could damage, disable, overburden, or impair the Site;
9. To make images hosted by Urchive available for viewing by the general public through a publicly posted link to the image or otherwise (other than through the public gallery You create using the Service);
10. To transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
11. To impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
12. To collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
You further agree that You shall not:
1. Interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
2. Provide any information to Urchive LLC that is false or misleading, that attempts to hide your identity or that You do not have the right to disclose; or
3. Resell the Service or any portion of the Service.
You agree not to use the Service:
1. For any unlawful purposes;
2. To Post, email or otherwise transmit or communicate any material that is obscene, offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. To Post, email or otherwise transmit or communicate any material that You do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Urchive LLC;
4. To harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
5. To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
6. To attempt to upload images by any method to another user’s account without permission;
7. To Post, email or otherwise transmit any material which is likely to cause harm to Urchive LLC or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
8. To use the Site in any manner that could damage, disable, overburden, or impair the Site;
9. To make images hosted by Urchive available for viewing by the general public through a publicly posted link to the image or otherwise (other than through the public gallery You create using the Service);
10. To transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
11. To impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
12. To collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
You further agree that You shall not:
1. Interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
2. Provide any information to Urchive LLC that is false or misleading, that attempts to hide your identity or that You do not have the right to disclose; or
3. Resell the Service or any portion of the Service.
URCHIVE MARKETPLACE
All listings posted on the Site and all transactions conducted in connection therewith are subject to these Terms of Use. The parties to the transaction are solely responsible for all interactions with each other. You acknowledge that Urchive is not responsible or liable for any action or inaction of any party to a transaction. Parties to a transaction should exercise caution in providing contact information. Urchive is not responsible for the actions of any of its users. This service is provided AS IS and AT YOUR OWN RISK. In addition to the other rules and regulations outlined in these Terms of Use, the following rules apply to the Urchive Marketplace:
1. All listings must be accurate and not misleading.
2. You may not list any item that is not in your possession or that You do not have the right to sell at the time the item is listed.
3. You may not post any content that is infringing, obscene, offensive, harassing, hateful, defamatory, fraudulent, or otherwise violates these Terms of Use.
All listings posted on the Site and all transactions conducted in connection therewith are subject to these Terms of Use. The parties to the transaction are solely responsible for all interactions with each other. You acknowledge that Urchive is not responsible or liable for any action or inaction of any party to a transaction. Parties to a transaction should exercise caution in providing contact information. Urchive is not responsible for the actions of any of its users. This service is provided AS IS and AT YOUR OWN RISK. In addition to the other rules and regulations outlined in these Terms of Use, the following rules apply to the Urchive Marketplace:
1. All listings must be accurate and not misleading.
2. You may not list any item that is not in your possession or that You do not have the right to sell at the time the item is listed.
3. You may not post any content that is infringing, obscene, offensive, harassing, hateful, defamatory, fraudulent, or otherwise violates these Terms of Use.
STORAGE POLICY
Urchive provides free online storage of images to its members. In addition to images, Urchive stores associated information that you provide related to each image. If your account becomes Inactive, Urchive may, at its option, terminate access to the account altogether (including deletion of any account information held by Urchive). An “Inactive” account is one which has not been accessed by the account owner for a period of 36 (thirty six) months or in the case of premium accounts (Premium Account, Super-Premium Account, Merchant Account) one for which payment has not been remitted to maintain account status for a period of 6 (six) months beyond the Termination of Account Status. We may change this policy at any time, upon reasonable notice.
“Termination of Account Status” means the end of the paid-for “Paid-Service Subscription” term either due to lack of payment for a subsequent term or cancellation by the user, in which case the Section of these Terms entitled “Cancellation” shall apply. Typically, a “Paid-Service Subscription” has a term of one year, and automatically renews at the end of the purchased term, unless cancelled by the user in accordance with this Agreement.
Urchive provides free online storage of images to its members. In addition to images, Urchive stores associated information that you provide related to each image. If your account becomes Inactive, Urchive may, at its option, terminate access to the account altogether (including deletion of any account information held by Urchive). An “Inactive” account is one which has not been accessed by the account owner for a period of 36 (thirty six) months or in the case of premium accounts (Premium Account, Super-Premium Account, Merchant Account) one for which payment has not been remitted to maintain account status for a period of 6 (six) months beyond the Termination of Account Status. We may change this policy at any time, upon reasonable notice.
“Termination of Account Status” means the end of the paid-for “Paid-Service Subscription” term either due to lack of payment for a subsequent term or cancellation by the user, in which case the Section of these Terms entitled “Cancellation” shall apply. Typically, a “Paid-Service Subscription” has a term of one year, and automatically renews at the end of the purchased term, unless cancelled by the user in accordance with this Agreement.
EXTERNAL LINKS
From time to time Urchive may provide links that will take You to third party websites. These links are provided for your convenience. If You decide to access linked websites You do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and You agree that Urchive is not liable for any loss or damage that You may suffer by using other websites.
From time to time Urchive may provide links that will take You to third party websites. These links are provided for your convenience. If You decide to access linked websites You do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and You agree that Urchive is not liable for any loss or damage that You may suffer by using other websites.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SERVICE, URCHIVE'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, URCHIVE LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY MATERIAL TO URCHIVE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE URCHIVE'S SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF URCHIVE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, URCHIVE'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.
THE SERVICE, URCHIVE'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, URCHIVE LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY MATERIAL TO URCHIVE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE URCHIVE'S SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF URCHIVE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, URCHIVE'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Any disputes arising under or in connection with these Terms of Use shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Pennsylvania.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Any disputes arising under or in connection with these Terms of Use shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Pennsylvania.
INDEMNIFICATION
You understand and agree that You are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless Urchive LLC, its and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, directors, officers, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content You post to the Site or submit through the Service, (b) use or misuse of the Service by You or any other person who accesses the Service using your account, (c) any violation of these Terms of Use or (d) any violation of any rights of a third party.
You understand and agree that You are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless Urchive LLC, its and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, directors, officers, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content You post to the Site or submit through the Service, (b) use or misuse of the Service by You or any other person who accesses the Service using your account, (c) any violation of these Terms of Use or (d) any violation of any rights of a third party.
TERM AND TERMINATION OF LICENSE
Unless earlier terminated in accordance with this Agreement, this License shall terminate upon the earlier of posting of written notice from Urchive on the Site, or Your cessation of use of the Site and destruction of all Site related materials retained by You. This limited License will immediately terminate (i) without notice if the User fails to comply with any obligation of this Agreement; or (ii) upon written notice at Urchive’s sole discretion. Upon termination of this License for any reason, any right, license or permission granted to You with respect to the Site shall immediately terminate and You hereby undertakes to: (i) immediately cease to use any part of the Site; and (ii) promptly return the Site and all related material to Urchive and fully destroy, delete and/or uninstall any copy of the Site installed or copied by You. The provisions regarding ownership, disclaimers, indemnification, limitation of liability, and governing law and venue will survive termination of this License indefinitely in accordance with their terms.
Unless earlier terminated in accordance with this Agreement, this License shall terminate upon the earlier of posting of written notice from Urchive on the Site, or Your cessation of use of the Site and destruction of all Site related materials retained by You. This limited License will immediately terminate (i) without notice if the User fails to comply with any obligation of this Agreement; or (ii) upon written notice at Urchive’s sole discretion. Upon termination of this License for any reason, any right, license or permission granted to You with respect to the Site shall immediately terminate and You hereby undertakes to: (i) immediately cease to use any part of the Site; and (ii) promptly return the Site and all related material to Urchive and fully destroy, delete and/or uninstall any copy of the Site installed or copied by You. The provisions regarding ownership, disclaimers, indemnification, limitation of liability, and governing law and venue will survive termination of this License indefinitely in accordance with their terms.
ASSIGNMENT
The License is personal to You and You agree not to transfer, sublicense, lease, rent, or assign their rights under this License, and any such attempt shall be null and void. Urchive may assign, transfer, or sublicense this License or any rights or obligations thereunder at any time in its sole discretion.
The License is personal to You and You agree not to transfer, sublicense, lease, rent, or assign their rights under this License, and any such attempt shall be null and void. Urchive may assign, transfer, or sublicense this License or any rights or obligations thereunder at any time in its sole discretion.
EQUITABLE RELIEF
It is agreed that because of the proprietary nature of the Site, Urchive’s remedies at law for a breach by You of your obligations under this License may be inadequate and that Urchive will, in the event of such breach, be entitled to, in addition to any other remedy available to it, equitable relief, including injunctive relief, without the posting of any bond and in addition to all other remedies provided under this Agreement or available at law.
It is agreed that because of the proprietary nature of the Site, Urchive’s remedies at law for a breach by You of your obligations under this License may be inadequate and that Urchive will, in the event of such breach, be entitled to, in addition to any other remedy available to it, equitable relief, including injunctive relief, without the posting of any bond and in addition to all other remedies provided under this Agreement or available at law.
GENERAL
These Terms of Use constitute the entire agreement between Urchive LLC and You with respect to your use of the Service. Urchive's failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms of Use is invalid, You agree that the remainder of the Terms of Use shall be enforceable. No contract will exist between you and Urchive for the supply of any services or products unless and until Urchive accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
These Terms of Use constitute the entire agreement between Urchive LLC and You with respect to your use of the Service. Urchive's failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms of Use is invalid, You agree that the remainder of the Terms of Use shall be enforceable. No contract will exist between you and Urchive for the supply of any services or products unless and until Urchive accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
INQUIRIES
If You have any comments or questions about the Service please contact us at http://www.urchive.com/public/contactus , by mail at Urchive LLC, Box 57, Spinnerstown, PA 18968 USA or by telephone at 1-215-679-8800. Please note that telephone calls made by You to Urchive LLC may be randomly recorded and monitored for training and quality assurance.
If You have any comments or questions about the Service please contact us at http://www.urchive.com/public/contactus , by mail at Urchive LLC, Box 57, Spinnerstown, PA 18968 USA or by telephone at 1-215-679-8800. Please note that telephone calls made by You to Urchive LLC may be randomly recorded and monitored for training and quality assurance.
ADDITIONAL PROVISIONS APPLICABLE TO
PREMIUM USERS AND TO MERCHANT USERS
The following provisions shall apply to registered members who subscribe to the Premium Service, Super-Premium Service or Merchant User Service. For purposes of these Terms, "collection" means the full set of images and object records established by a user to any of the Premium or Merchant Services.
The following provisions shall apply to registered members who subscribe to the Premium Service, Super-Premium Service or Merchant User Service. For purposes of these Terms, "collection" means the full set of images and object records established by a user to any of the Premium or Merchant Services.
PRICING AND SERVICE INFORMATION
A “Paid-Service Subscription” is any one of the premium services offered by Urchive for which we collect payment from you for use of such service. Paid-Service Subscriptions include any of the following service plans and associated features:
- Premium User Service: Provides users of the Urchive service the capability to store up to 1,000 (one thousand) object records. Additionally, Premium Service Users have the ability to upload and store documents associated with objects to individual object records.
- Super-Premium User Service: Provides users of the Urchive service the capability to store up to 5,000 (five thousand) object records. Additionally, Super-Premium Service Users have the ability to upload and store documents associated with objects to individual object records.
- Merchant User Service is an Urchive service designed for users who desire to showcase their objects and accept offers from others for those objects. A Merchant User Service account provides users the capability to store up to 5,000 (five thousand) object records. Additionally, Merchant Users can optionally choose to add a button to object records called “Make a Purchase Inquiry” that enables visitors to the Merchant User’s object records to send a purchase inquiry to the Merchant User’s account and registered email address. Merchant Users are provided a record of visitor purchase inquiry requests on the Urchive site accessed by each Merchant User’s unique username and password.
All prices are stated in U.S. dollars and are valid until altered by us. Prices are subject to change prior to our acceptance of your order. In the event that you order a Paid-Service Subscription and the price published on the Service was incorrect, Urchive will contact you to let you know the correct price and ask you whether you still wish Urchive to fulfill your order at the correct price.
A “Paid-Service Subscription” is any one of the premium services offered by Urchive for which we collect payment from you for use of such service. Paid-Service Subscriptions include any of the following service plans and associated features:
- Premium User Service: Provides users of the Urchive service the capability to store up to 1,000 (one thousand) object records. Additionally, Premium Service Users have the ability to upload and store documents associated with objects to individual object records.
- Super-Premium User Service: Provides users of the Urchive service the capability to store up to 5,000 (five thousand) object records. Additionally, Super-Premium Service Users have the ability to upload and store documents associated with objects to individual object records.
- Merchant User Service is an Urchive service designed for users who desire to showcase their objects and accept offers from others for those objects. A Merchant User Service account provides users the capability to store up to 5,000 (five thousand) object records. Additionally, Merchant Users can optionally choose to add a button to object records called “Make a Purchase Inquiry” that enables visitors to the Merchant User’s object records to send a purchase inquiry to the Merchant User’s account and registered email address. Merchant Users are provided a record of visitor purchase inquiry requests on the Urchive site accessed by each Merchant User’s unique username and password.
All prices are stated in U.S. dollars and are valid until altered by us. Prices are subject to change prior to our acceptance of your order. In the event that you order a Paid-Service Subscription and the price published on the Service was incorrect, Urchive will contact you to let you know the correct price and ask you whether you still wish Urchive to fulfill your order at the correct price.
RIGHT TO REFUND
You may cancel any Paid-Service Subscription which you have ordered from us for any reason within 90 days of placing such order. Please read carefully Urchive’s Refund Policy which forms part of these Terms.
You may cancel any Paid-Service Subscription which you have ordered from us for any reason within 90 days of placing such order. Please read carefully Urchive’s Refund Policy which forms part of these Terms.
ACCESS TO INDIVIDUAL COLLECTIONS
If you subscribe to the Merchant User Service, you will have the ability to select a personal URL to serve as your own gallery and to post any of your images to that gallery. You are responsible for, and will have the ability to edit and delete, all content in your gallery. We reserve the right to require you to change the URL for your gallery.
If you subscribe to the Merchant User Service, you will have the ability to select a personal URL to serve as your own gallery and to post any of your images to that gallery. You are responsible for, and will have the ability to edit and delete, all content in your gallery. We reserve the right to require you to change the URL for your gallery.
STORAGE
For as long as you are a subscriber to the Premium Service, Super-Premium Service or Merchant User Service, you will not, as described in the “Storage Policy” Section of these Terms, need to maintain active user status at least once every 36 months to maintain storage of your images. Upon termination of your subscription(s) to the Paid-Service Subscription, however, the terms of the Section entitled “Storage Policy” of these Terms will apply to your stored images.
For as long as you are a subscriber to the Premium Service, Super-Premium Service or Merchant User Service, you will not, as described in the “Storage Policy” Section of these Terms, need to maintain active user status at least once every 36 months to maintain storage of your images. Upon termination of your subscription(s) to the Paid-Service Subscription, however, the terms of the Section entitled “Storage Policy” of these Terms will apply to your stored images.
SUBSCRIPTION FEES
By subscribing to the any of the Paid-Service Subscriptions, you agree to pay the subscription fee identified at the time you subscribe. Your subscription will remain in effect from the date on which you subscribe until the end of the subscription period you have selected. Your subscription will renew automatically at the end of the subscription period, unless you cancel it before the end of your current subscription period. (See the next Section for how to cancel.) We reserve the right at any time to change the subscription fee or subscription structure for the Paid-Service Subscriptions. In no event will you be charged any new or additional fee unless we obtain your prior agreement to pay such fee. If you do not consent to such fee, however, you will only receive the Service to which you are currently subscribing until the end of your then-current subscription term. Refund Policy
Except as described in the Sections entitled “Right to Refund” and “Termination of Premier Service” of these Terms, we will not refund any fees paid for subscriptions to the Paid-Service Subscriptions. It is your responsibility to determine if the Premium User Service, Super-Premium User Service or Merchant User Service meets your needs before you subscribe.
By subscribing to the any of the Paid-Service Subscriptions, you agree to pay the subscription fee identified at the time you subscribe. Your subscription will remain in effect from the date on which you subscribe until the end of the subscription period you have selected. Your subscription will renew automatically at the end of the subscription period, unless you cancel it before the end of your current subscription period. (See the next Section for how to cancel.) We reserve the right at any time to change the subscription fee or subscription structure for the Paid-Service Subscriptions. In no event will you be charged any new or additional fee unless we obtain your prior agreement to pay such fee. If you do not consent to such fee, however, you will only receive the Service to which you are currently subscribing until the end of your then-current subscription term. Refund Policy
Except as described in the Sections entitled “Right to Refund” and “Termination of Premier Service” of these Terms, we will not refund any fees paid for subscriptions to the Paid-Service Subscriptions. It is your responsibility to determine if the Premium User Service, Super-Premium User Service or Merchant User Service meets your needs before you subscribe.
CANCELLATION
You may cancel your subscription to any Paid-Service Subscription at any time. To do so, login to your account and visit the "My Account" section by clicking on your name on the upper right corner of any page, then on the subsequent page click the button labeled “EDIT YOUR ACCOUNT” and click on the “change account status” link on the page that is presented and follow instructions to cancel your account. If you do cancel, you will not receive a refund of your subscription fee for the current subscription period (but you will continue to have access to the Paid-Service Subscription to which you have subscribed for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe again after the original expiration date of your subscription.
You may cancel your subscription to any Paid-Service Subscription at any time. To do so, login to your account and visit the "My Account" section by clicking on your name on the upper right corner of any page, then on the subsequent page click the button labeled “EDIT YOUR ACCOUNT” and click on the “change account status” link on the page that is presented and follow instructions to cancel your account. If you do cancel, you will not receive a refund of your subscription fee for the current subscription period (but you will continue to have access to the Paid-Service Subscription to which you have subscribed for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe again after the original expiration date of your subscription.
TERMINATION OF PREMIER SERVICE
We may elect, in our sole discretion, to terminate any of the Paid-Service Subscriptions. If we do, we will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee for the period in which such termination occurs. The foregoing applies only to circumstances in which we terminate the Paid-Service Subscription to which you have subscribed for all of our registered members and shall not entitle you to a refund if we terminate your individual access to the Paid-Service Subscription to which you have subscribed because you have failed to comply with any of these Terms.
We may elect, in our sole discretion, to terminate any of the Paid-Service Subscriptions. If we do, we will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee for the period in which such termination occurs. The foregoing applies only to circumstances in which we terminate the Paid-Service Subscription to which you have subscribed for all of our registered members and shall not entitle you to a refund if we terminate your individual access to the Paid-Service Subscription to which you have subscribed because you have failed to comply with any of these Terms.