These are the terms of service of this social network.Terms Of Service Date of Last Revision: March 1, 2010 The services offered by Imageler.com (” Imageler site” or “this Site”) include the Imageler website, Imageler Zones, Imageler Blogs, Imageler’s streaming music services and Imageler Photo Sharing and any other features, content, or applications offered from time to time by Imageler in connection with Imageler Website’s…services.This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Imageler Services. By using the Imageler Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Imageler site) or you are a “Member” (which means that you have registered with Imageler). The term “User” refers to a Visitor or a Member. You are only authorized to use the Imageler Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully before using this website. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree with any of these terms, you cannot avail of any of the Imageler. Services and you should leave the Imageler. site immediately. If you wish to become a Member, communicate with other Members and make use of the Imageler Services, you must read this Agreement and indicate your acceptance during the Registration process.This Agreement includes Imageler’s policy for acceptable use of the Imageler Services and Content posted on the Imageler site, your rights, obligations and restrictions regarding your use of the Imageler Services and Imageler’s Privacy Policy. In order to participate in certain Imageler Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Imageler Services in which you choose to participate, those additional terms shall deemed to have been incorporated into this Agreement.Imageler reserves the right at any time to modify the terms of this Agreement, change the Services including eliminating or modifying any content on or feature of the website, or change/charge any fees or charges for use of the Services. And such modification shall be effective upon posting by Imageler on the Imageler site. You agree to be bound to any changes to this Agreement when you use the Imageler Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. You will always be able to know when the version was last updated by checking the “Last Revised” date in the header of this Agreement.1. Eligibility.You must be at least 13 years of age or over to register as a member of Imageler or use this Site. Membership to the Site is void where prohibited. Your use of this Site represents and warrants that you have the right, capacity/eligibility, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. This site is not meant to encourage and/or promote illicit sexual relations and/or extra marital affairs or to carry out any other unlawful and illegal activity. If Imageler discovers or becomes aware that any member is using this site to promote or engage or indulge in illicit sexual relations or extra marital affairs or carry out any other unlawful or illegal activity his/her membership will be terminated forthwith without any refund and without any liability to Imageler. Imageler’s discretion to terminate the membership shall be final and binding.2. Term.This Agreement will remain in full force and effect while you use the Site and/or till the time you are a Member of Imageler. You may terminate your membership at any time, for any reason by Following the Instructions on the Member’s Account Privacy Options Page. In the event you terminate your membership, you will not be entitled to a refund of any unutilized subscription fees. Imageler may terminate your access to the Site and/or your membership for any reason whatsoever. Such termination shall be effective upon sending notice of termination to you at the email address you provide in your application for membership or such other email address as you may later provide to Imageler. If Imageler terminates your membership because of breach on your part of any of the Terms & Conditions and/or Representations and Warranties as stated in the Agreement, you will not be entitled to any refund of any unused Subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 4,5,7,9 -12, inclusive, of this Agreement.3. Non-Commercial Use by Members.The Imageler Site is strictly for the personal use of individual members only, and shall not be used by you in connection with any commercial endeavors or activities. This prohibition includes providing links to other websites, whether deemed competitive to Imageler or otherwise. Organizations, companies, and/or businesses cannot become Members of Imageler and should not use the Imageler Service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress in terms of applicable law. Your Imageler account is for your own personal use ONLY and NOT to be used by anyone else other than you.4. Other Terms of Use by Members.You hereby unconditionally and irrevocably undertake that:You shall not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other Imageler Members. It is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member with/without their prior explicit consent. In order to protect Imageler and/or our Members from any abuse/misuse, Imageler reserves the right to restrict the number of communications/profile contacts & responses/emails which a Member may send to other Member(s) in any 24-hour period to a number which Imageler deems appropriate in its sole discretion. You will not send any messages using the Service that are obscene, lewd, licentious, and defamatory, promote hatred and/or are racial or abusive in any manner or messages that are likely to cause harm or annoyance to any person. Transmission of any such messages shall constitute a breach of this Agreement and Imageler shall be entitled to terminate your membership forthwith. Imageler reserves the right to screen messages that you may send to other Member(s) and also regulate the number of your chat sessions in its sole discretion.You shall not use any automated processes, including IRC Bots, EXE’s, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with Imageler and/or its Members.You will not conduct any kind of monetary transaction with other members of Imageler Any such transactions conducted will be solely at your risks and Imageler is not liable or responsible for anything whatsoever including but not limited for any kind of frauds.You acknowledge that Imageler prohibits Pornography on its site. You undertake to choose carefully the information you post on the Imageler Website and that you provide to other Users. Your Imageler profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Stringent penal and criminal actions will be initiated against those found indulging in above referred activities.You shall not use the Imageler Services to reproduce copyrighted materials and /or copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Imageler Services.5. Content Posted on the Site.Imageler owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Imageler Site and the Imageler Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Imageler , and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Imageler, you will not copy, modify, publish, transmit, distribute, perform, display, reverse engineer, decompile, or sell any such proprietary information. All lawful, legal and non-objectionable messages, content and/or other information, content or material that you post on the forum boards shall constitute a license to Imageler to use such content, information, material in a manner that Imageler may chose in its sole discretion.. Imageler reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content either suo motto or upon a complaint filed by any person.You understand and hereby agree that all content including but not limited to information, data, text, , music, sound, photographs, graphics, video, messages, tags, interactive features or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you and not Imageler are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Imageler 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 Imageler 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 understand and agree that Imageler may delete any Content that in the sole judgment of Imageler violates any applicable law or this Agreement or which might be offensive, illegal, defamatory, obscene, libelous, or that might violate the rights, harm, or threaten the safety of other Imageler Members. Content is not necessarily reviewed by Imageler prior to posting and does not necessarily reflect the opinions or policies of Imageler . In addition, Imageler will not and cannot censor or edit the content of any third-party site.You are solely responsible and liable for the Content that you publish or display (hereinafter, “post”) on the Site through the Imageler Service, or transmit to other Imageler Members. Imageler reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, Imageler may ask you to provide any documentary or other form of evidence supporting your ownership or otherwise of the Content you post on the Site. If you fail to produce such evidence, or if such evidence does not in the reasonable opinion of Imageler establish or justify the claim, Imageler may, in its sole discretion, remove the Content from the Site and terminate your Membership without a refund of your subscription fees.You acknowledge that Imageler may or may not pre-screen Content, but that Imageler and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Imageler and its designees shall have the right to remove any Content that violates this Agreement or is otherwise found objectionable. You agree that 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 will not rely on any Content created by Imageler or submitted to Imageler , including without limitation information in Imageler Zones, Blogs, and Photo Sharing and in all other parts of the Service.By posting Content to any public area of , Imageler you automatically grant, and you represent and warrant that you have the right to grant, to Imageler, and other Imageler Members, an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing.With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific property (such as Zones, Blogs or Photo Sharing) of the Site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Imageler removes such Content from the Service.With respect to Content that includes photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Imageler removes such Content from the Service.With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service 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 Imageler network of properties (such as Zones, Blogs and Photo Sharing) that are intended by Imageler to be available to the general public.In connection with contents posted/submitted by you, you further agree that you will not:submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant Imageler all of the license rights granted herein;publish falsehoods or misrepresentations that could damage Imageler or any third party;impersonate another user.Imageler does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Imageler expressly disclaims any and all liability in connection with Content submitted by the User. Imageler does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Imageler will remove all such infringing Content if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Imageler reserves the right to remove such Content without prior notice. Imageler will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer(except in the case of pornographic content) is a User who has been notified of infringing activity more than twice and/or has had his/her Content removed from the Website more than twice.The following is an inclusive list of the kind of Content that is illegal or prohibited on the Site. Imageler will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication/content from the Service and the Site and terminating the Membership of such violators without a refund. It includes (but is not limited to) Content that:is patently offensive to any community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;harasses or advocates harassment of another person;involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.promotes information that the person posting it is aware that it is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);includes a photograph of another person that you have posted without that person’s consent; ordisplays pornographic or sexually explicit material of any kind;criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, enticing of minors, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;provides material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under the age of 18 years;furthers or promotes any criminal activity or enterprise provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;covering or obscuring the banner advertisements on your personal profile page, or any Imageler page via HTML/CSS or any other means;attempting to impersonate another Member or person;solicits passwords or personal identifying information for commercial or unlawful purposes from other users/Members; andengages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Imageler Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; orfor band profiles, copying your Imageler code and embedding it into other profiles or asking other Members to embed it into their profiles;encourages, invites or solicits extra marital affairs.using the Imageler Website in a manner inconsistent with any and all applicable laws and regulations.ou must use the Imageler Service in a manner consistent with any and all applicable local and state, and federal laws rules and regulations.You must not include in your Member profile, any telephone numbers, street addresses, last names, URL’s, and email addresses that are either patently visible to the other Members or can be deciphered or deduced. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.You are not permitted to create multiple profiles. If Imageler becomes aware that you have created multiple profiles, your membership is liable to be terminated forthwith without any refund of subscription fees.If at any time Imageler is of the view in its sole discretion that your profile contains any information or material or Content which is objectionable, unlawful or illegal, Imageler has the right in its sole discretion to forthwith terminate your membership without refund of your subscription fees and delete such objectionable, illegal or unlawful information, material or Content from your profile and disallow you to continue as a Member.In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services.6.SecurityImageler Services utilize technology to protect transmitted digital information. Your use of the Imageler Services may be limited by such technology. You acknowledge that, from time to time, Imageler may modify or discontinue using such technology. Security modifications made by Imageler may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL LIABILITY.7. Copyright Policy.You shall be solely responsible for any and all activity happening through your account. You retain the ownership of the content contributed by you into this Service. Imageler does not claim any ownership in the content posted by you including without limitation the feedback and suggestions provided. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the Imageler Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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; and where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. ‘Imageler s Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the Mumbai address located under the Help/Contact section on the site. You agree not to circumvent, disable or otherwise interfere with security related features of the Imageler Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Imageler Website or the Content therein. All title and intellectual property rights in and to the licensed content in the Imageler Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use/restrictions under such laws or treaties.8. Member Disputes.You are solely responsible for your interactions with other Imageler Members. Imageler reserves the right, but has no obligation, to monitor disputes between you and other Members.9. Privacy.We built Imageler Website to make it easy to share information with your friends and people around you. We understand you may not want everyone in the world to have the information you share on Imageler; that is why we give you control of your information. Our default privacy settings limit the information displayed in your profile to your networks and other reasonable community limitations that we tell you about.Imageler follows two core principles:9-1. You should have control over your personal information.Imageler helps you share information with your friends and people around you. You choose what information you put in your profile, including contact and personal information, pictures, interests and groups you join. And you control the users with whom you share that information through the privacy Options on your Account’s Home page.9-2. You should have access to the information others want to share.There is an increasing amount of information available out there, and you may want to know what relates to you, your friends, and people around you. We want to help you easily get that information.Children Under Age 13.Imageler does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Imageler or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on Imageler. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us Immediately.Children Between the Ages of 13 and 18.We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.10. Disclaimers.Imageler is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Imageler Service, whether caused by users visiting the Site, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or Member of the Imageler Service whether online or offline. Imageler assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or Member communications. Imageler is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including personal injury or property damage of any nature whatsoever, damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Imageler Site and/or in connection with the Imageler Service. Under no circumstances will Imageler be responsible for any loss or damage to any person resulting from anyone’s use of the Site or the Service and/or any Content posted on the Imageler Site or transmitted to Imageler Members. The exchange of profile(s) through or by Imageler should not in any way be construed as any offer and/or recommendation from/by Imageler . Imageler shall not be responsible for and/or liable any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of Imageler. Under no circumstances shall Imageler be responsible for any loss or damage, including personal injury or death, resulting from Imageler services, attendance at a Imageler event, from any content posted on or through the Imageler services, or from the conduct of any users of the Imageler services, whether online or offline. The Site and the Service are provided “AS-IS AVAILABLE BASIS” and Imageler expressly disclaim any warranty of fitness for a particular purpose or non-infringement. Imageler cannot guarantee and does not promise any specific results from use of the Site and/or the Imageler Service.Imageler expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content posted on the Site by any Members or the users of the Site or any third party. Imageler does not assume any responsibility or liability for any illegal Content posted on the Site by any Members, users or any third party. All liability, whether civil or criminal arising out of any Content that is Posted on the Site or any communication sent through Imageler will be of that Member/user/third party who has Posted such Content and/or sent such communication. Imageler reserves its right to claim damages from such Member/user/third party that it may suffer as a result of such Content Posted on the Site and/or such communication sent. Imageler does not claim ownership of Content you submit or make available for inclusion on the Service.11.Limitation on Liability.In no event will Imageler, its officers, directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages whatsoever including but not limited to loss of profits resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Imageler website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Imageler is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Imageler shall not be liable for any content submitted by the you/User or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.Notwithstanding anything to the contrary contained herein, Imageler’s, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Imageler, for the Service during the term of membership.Imageler or its business partners may present advertisements or promotional materials on or through the Site and the Imageler Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Imageler is not 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 third parties on the Site.The Site and the Imageler Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.The Imageler Services are owned or licensed by Imageler and are protected by Indian copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. You acknowledge that you have read this terms and conditions and understood it and will abile by it in letter and spirit.12. Disputes.You and Imageler shall be bound to submit all disputes howsoever arising out of or in connection with the use of the Imageler Website to arbitration to one (1) arbitrator nominated and appointed by Imageler The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings .will be final and binding on both you and Imageler to the extent permissible in law. These Terms of Use together with the privacy policy. The dispute will be governed by the laws of India. You agree that the competent-courts in Mumbai, India alone shall have the exclusive jurisdiction in regard to any such disputes.13. Indemnity.You unconditionally and irrevocably undertake to indemnify and hold , Imageler its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless and fully indemnified from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the Content you submit, post, transmit or otherwise make available through the Service your use of the Service your connection to the Service, your violation of this Agreement, or your violation of any third party rights including without limitation any copyright, property or privacy rights or any violation of any applicable law or any breach of your representations and warranties as set forth herein.The Limitation of Liability and Indemnity clause shall survive these Terms of Use and your use of the Imageler Site/Services.Miscellaneous:By becoming a Member of the Site/ Imageler Service, you agree to receive certain specific emails from Imageler.This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Imageler service, contains the entire agreement between you and Imageler regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.Nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and Imageler. Nothing contained in these Terms of Use shall constitute you as the agent of Imageler or otherwise entitle you to have authority to bind Fropper.com for any purposeYou are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or any thing which is in violation of this Agreement or any applicable law, you shall forthwith report such violation to Imageler by writing to Customer Care. On receipt of such complaint, Imageler may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a Member shall make such Member liable for appropriate legal action including but not limited to termination of his/her membership.Please contact us with any questions regarding this Agreement.I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.