Terms of Service

Welcome to IMAGEANDFILM’s website and gallery portal (the "Services"). By accessing or using our Services, you agree to these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must stop using the Services immediately.

Table of Contents

1. Visitor Acceptance of Terms

2. Visitor Acceptance of Privacy Policy

3. About IMAGEANDFILM

4. Ownership of Site and Content

5. Visitor Obligations

6. User Accounts and Uploaded Content

7. Inappropriate or Unauthorized Uploads

8. Intellectual Property Licenses

9. Disclaimers

10. Warranties

11. Limitation of Liability

12. Governing Law and Venue

13. Arbitration and Waiver of Class Action

14. Changes to Terms

15. Waiver

16. Severability

17. Entire Agreement

18. Definitions

19. Contact Information

1. Visitor Acceptance of Terms
By using our Services, you acknowledge and agree to be bound by these Terms. Continued use of the Services constitutes your acceptance of the current version of these Terms.

2. Visitor Acceptance of Privacy Policy
Our Privacy Policy governs how we collect, use, and protect your information. By using the Services, you agree to the terms of the Privacy Policy. You may review it through the link provided on our website.

3. About IMAGEANDFILM
IMAGEANDFILM is a creative content agency that creates, displays, and licenses content for businesses, destinations, and events. Clients of IMAGEANDFILM are solely responsible for obtaining all necessary rights, permissions, and releases to allow IMAGEANDFILM to display their content. These rights may be obtained through admissions, contracts, or other event-specific agreements. IMAGEANDFILM shall not be liable for any failure by clients to secure these rights. For information regarding rights to display the likeness of individuals, please refer to the organization that held the event or service.

4. Ownership of Site and Content
Users are granted a limited, revocable, non-transferable license to view and use this content for personal, non-commercial purposes, only if they have been explicitly granted the right to do so through a direct function on the Services (e.g., a download button). Users may not scrape, reproduce, distribute, or use the content without prior written consent. Users are only allowed to use the granted content in good faith, ensuring it reflects positively on the people depicted, the clients, and IMAGEANDFILM. IMAGEANDFILM reserves the right to revoke this license at any time, for any reason.

5. Visitor Obligations
By using the Services, you agree to:

• Use the Services only for lawful purposes.

• Refrain from uploading content that you do not own or have proper rights to share.

• Avoid violating the intellectual property or privacy rights of others.
  Failure to comply may result in suspension or termination of your access to the Services. Additionally, if your actions cause harm to others, IMAGEANDFILM reserves the right to pursue further legal action, including but not limited to claims for damages or injunctive relief.

6. User Accounts and Uploaded Content
Some areas of the Services may require account creation. Users are responsible for maintaining the confidentiality of their account credentials. By uploading data or content, you grant IMAGEANDFILM and its clients an irrevocable, perpetual, royalty-free license to use, reproduce, distribute, and display your content for any purpose. You represent and warrant that you own or have all necessary rights to upload the content you submit.

7. Inappropriate or Unauthorized Uploads
IMAGEANDFILM prohibits the upload of:

• Content that is illegal, obscene, defamatory, or otherwise inappropriate.

• Content for which the user does not have proper rights or permissions to share.

IMAGEANDFILM reserves the right to remove inappropriate or unauthorized content without prior notice. Users who violate this provision may have their accounts terminated. IMAGEANDFILM will not be liable for damages caused by such uploads but will work promptly with clients to address issues. Additionally, users may face action from IMAGEANDFILM's clients if they are affiliated with or attend an event, depending on the circumstances of the violation and the harm caused. 

8. Intellectual Property Licenses
IMAGEANDFILM retains full ownership of its content. Users may only use content as explicitly permitted (e.g., for personal, non-commercial purposes). Any unauthorized use of content will result in termination of access and potential legal action. Any breach of terms voids the user's rights to access or use content.

9. Disclaimers
IMAGEANDFILM provides its Services "as-is" without warranties of any kind. We do not guarantee uninterrupted service, the accuracy of content, or the long-term availability of content. IMAGEANDFILM is not an archival system, and Clients and Users shall not hold IMAGEANDFILM liable if content is deleted or becomes inaccessible. We are not responsible for third-party content or links shared on our platform. Such as but not limited to Squarespace, Honeybook, https://www.pic-time.com/#TermsOfService, Ai services, and more

10. Warranties
Users warrant their compliance with these Terms, including the rights to any uploaded content. IMAGEANDFILM disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability
IMAGEANDFILM is not liable for indirect, incidental, punitive, or consequential damages. Our liability is limited to the fees you paid us, if any, during your use of the Services.

12. Governing Law and Venue
These Terms are governed by the laws of the State of Utah, United States. All disputes must be resolved exclusively in Weber County, Utah courts.

13. Arbitration and Waiver of Class Action
Users agree to resolve disputes through binding arbitration. By using the Services, you waive your right to participate in class-action lawsuits.

14. Changes to Terms
IMAGEANDFILM reserves the right to modify these Terms at any time without prior notice. Users are responsible for reviewing the Terms regularly. Continued use of the Services constitutes acceptance of any changes.

15. Waiver
No failure or delay by IMAGEANDFILM in enforcing any provision of these Terms constitutes a waiver of that provision. IMAGEANDFILM reserves all rights at all times.

16. Severability
If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full effect.

17. Entire Agreement
These Terms and the Privacy Policy represent the entire agreement between you and IMAGEANDFILM, superseding all prior agreements.

18. Definitions

• Content: Media or materials available on the Services.

• User: Individuals accessing or interacting with the Services.

• Client: Businesses or entities contracting IMAGEANDFILM’s services.

• Event: Activities for which content is created or displayed.

19. Contact Information
For inquiries, please contact us through the designated portal on IMAGEANDFILM’s website.