Terms & Conditions
Last Modified: 02/17/2022
following terms and conditions [together with any documents they expressly incorporate by reference]
including any content, functionality and services offered on or through https://imagerybypd.com (the
"Website")[, whether as a guest or a registered user].
use the Website.
[This Website is offered and available to users who [are [13/18] years of age or older[,/and] [reside in
United States or any of its territories or possessions]. By using this Website, you represent and
you [are of legal age to form a binding contract with the Company and] meet all of the foregoing
requirements. If you do not meet all of these requirements, you must not access or use the Website.]
immediately when we post them [and apply to all access to and use of the Website thereafter]. [However,
changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply
disputes for which the parties have actual notice [on or] prior to the date the change is posted on the
to the changes. You are expected to check this page [from time to time/frequently/each time you access
Website] so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the
in our sole discretion without notice. We will not be liable if for any reason all or any part of the
unavailable at any time or for any period. From time to time, we may restrict access to some parts of
Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these
of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
details or other information. It is a condition of your use of the Website that all the information
provide on the Website is correct, current and complete.
You agree that all information you provide to register with this Website or otherwise, including but
limited to through the use of any interactive features on the Website, is governed by our Privacy
and you consent to all actions we take with respect to your information consistent with our Privacy
If you choose, or are provided with, a user name, password or any other piece of information as part
security procedures, you must treat such information as confidential, and you must not disclose it
other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person
access to this Website or portions of it using your user name, password or other security
You agree to notify us immediately of any unauthorized access to or use of your user name or
other breach of security.
You also agree to ensure that you exit from your account at the end of each session.
You should use particular caution when accessing your account from a public or shared computer so
others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or
by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all
software, text, displays, images, video and audio, and the design, selection and arrangement thereof),
by the Company, its licensors or other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual property or proprietary
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and
You may store files that are automatically cached by your Web browser for display enhancement
You may print [or download] one copy of a reasonable number of pages of the Website for your own
non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to
computer or mobile device solely for your own personal, non-commercial use, provided you agree to be
by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled
You must not:
Modify copies of any materials from this site.
[Use any illustrations, photographs, video or audio sequences or any graphics separately from the
Delete or alter any copyright, trademark or other proprietary rights notices from copies of
You must not access or use for any commercial purposes any part of the Website or any services or
available through the Website.
[If you wish to make any use of material on the Website other than that set out in this section,
address your request to:
If you print, copy, modify, download or otherwise use or provide any other person with access to any
option, return or destroy any copies of the materials you have made. No right, title or interest in or
Website or any content on the Website is transferred to you, and all rights not expressly granted are
of Use and may violate copyright, trademark and other laws.
The Company name, the terms, the properties, and all related names, logos, product and service names,
and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks
the prior written permission of the Company. All other names, logos, product and service names, designs
slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation
without limitation, any laws regarding the export of data or software to and from the US or other
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing
inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply these
To transmit, or procure the sending of, any advertising or promotional material [without our prior
consent], including any "junk mail”, "chain letter” or "spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other
entity (including, without limitation, by using e-mail addresses [or screen names] associated with any
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or
determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere
other party’s use of the Website, including their ability to engage in real time activities through the
Use any robot, spider or other automatic device, process or means to access the Website for any purpose,
including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other
purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the
on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin
other interactive features (collectively, "Interactive Services") that allow users to post, submit,
display or transmit to other users or other persons (hereinafter, "post") content or materials
"User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By
any User Contribution on the Website, you grant us and [our affiliates and service providers, and each
and] our [respective] licensees, successors and assigns the right to use, reproduce, modify, perform,
distribute and otherwise disclose to third parties any such material [for any purpose/according to your
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license
above to us and [our affiliates and service providers, and each of their and] our [respective]
successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or
you, not the Company, have fully responsibility for such content, including its legality, reliability,
We are not responsible, or liable to any third party, for the content or accuracy of any User
posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole
Standards, infringes any intellectual property right or other right of any person or entity, threatens
personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted
violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any
unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for [any or no reason, including without
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement
court order requesting or directing us to disclose the identity or other information of anyone posting
materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY [AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS] FROM ANY
RESULTING FROM ANY ACTION TAKEN BY [THE COMPANY/ANY OF THE FOREGOING PARTIES] DURING OR AS A RESULT OF
INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [THE COMPANY/SUCH
PARTIES] OR LAW ENFORCEMENT AUTHORITIES.
However, we [cannot/do not undertake to] review [all] material before it is posted on the Website, and
ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no
for any action or inaction regarding transmissions, communications or content provided by any user or
party. We have no liability or responsibility to anyone for performance or nonperformance of the
described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local and international
regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex,
nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights
Violate the legal rights (including the rights of publicity and privacy) of others or contain any
could give rise to any civil or criminal liability under applicable laws or regulations or that
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this
If you believe that any User Contributions violate your copyright, please contact
for instructions on sending us a notice of copyright infringement. It is the policy of the Company to
the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information
We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place
information is strictly at your own risk. We disclaim all liability and responsibility arising from any
placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of
This Website [may include/includes] content provided by third parties, including materials provided by
users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All
and/or opinions expressed in these materials, and all articles and responses to questions and other
other than the content provided by the Company, are solely the opinions and the responsibility of the
entity providing those materials. These materials do not necessarily reflect the opinion of the Company.
not responsible, or liable to you or any third party, for the content or accuracy of any materials
any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete
up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no
obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a way as to suggest any
association, approval or endorsement on our part[ without our express [written] consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own
certain third-party websites.
You may use these features solely as they are provided by us[,/and] solely with respect to the content
displayed with[ and otherwise in accordance with any additional terms and conditions we provide with
Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing,
linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We
the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are
for your convenience only. This includes links contained in advertisements, including banner
sponsored links. We have no control over the contents of those sites or resources, and accept no
for them or for any loss or damage that may arise from your use of them. If you decide to access any of
third party websites linked to this Website, you do so entirely at your own risk and subject to the
conditions of use for such websites.
The owner of the Website is based in the state of New York in the United States. We provide this Website
only by persons located in the United States. We make no claims that the Website or any of its content
accessible or appropriate outside of the United States. Access to the Website may not be legal by
persons or in certain countries. If you access the Website from outside the United States, you do so on
initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from
internet or the Website will be free of viruses or other destructive code. You are responsible for
sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection
accuracy of data input and output, and for maintaining a means external to our site for any
any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS
"AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY
PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,
DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR
WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service
and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers,
successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses,
expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of
any information obtained from the Website.
Governing Law and Jurisdiction
thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed
accordance with the internal laws of the State of New York without giving effect to any choice or
law provision or rule (whether of the State of New York or any other jurisdiction).
instituted exclusively in the federal courts of the United States or the courts of the State of New York
[although we retain the right to bring any suit, action or proceeding against you for breach of these
Use in your country of residence or any other relevant country]. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from the use of these
Use or the Website, including disputes arising from or concerning their interpretation, violation,
non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the
Arbitration Association applying New York law.
Limitation on Time to File Claims
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
Waiver and Severability
or continuing waiver of such term or condition or a waiver of any other term or condition, and any
invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the
Design with respect to the Website and supersede all prior and contemporaneous understandings,
representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns:
This website is operated by Productions Design, 20 Jetview Drive Rochester, NY 14624
All notices of copyright infringement claims should be sent to the copyright agent designated by
All other feedback, comments, requests for technical support and other communications relating to the
should be directed to: