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Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the www.gettys.com  website and its subdomains (the “Site”) and any information, text, graphics, photos, or other materials uploaded to, downloaded from, or appearing on the Site (collectively, the “Content”). By accessing or using the Site, you agree to be bound by these Terms. Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms. These Terms are an agreement between you and Gettys Group, Inc. (“Gettys Group,” “we,” “us”).

Privacy Policy

We are committed to protecting the privacy of your information. Please review our Privacy Policy below on this page for details about how we collect, use, and disclose your information in connection with your access and use of the Site. By accessing or using the Site, you agree to the terms of our Privacy Policy.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available through the Site is not accurate, complete, or current. The material offered through the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the Content provided through the Site is at your own risk. The Content may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content offered through the Site at any time, but we have no obligation to update any Content. You agree that it is your responsibility to monitor changes to our Site.

Intellectual Property and Use of Site

The Site and its Content are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed in the Content of the Site are our property, unless as otherwise disclosed. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Content for commercial or public purposes without our express authorization. You may copy material in limited quantities from the Content for your personal noncommercial use, provided that our copyrights notice is affixed to the copied material. We reserve the right to terminate at any time your permission to make personal copies of material from the Content. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Gettys Group.

Subject to your compliance with the Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Site solely for your personal use.

We may display advertisements or other content from third parties on the Site, such as banner advertisements, pop-up windows, and links to third-party websites. We are not responsible for such advertisements and content, or for any products, services, or other materials relating to such advertisements or content. Your linking to any sites from the Site is at your own risk. We do not endorse the website operator or content of any third-party website.

You are prohibited from using the Site to post or transmit any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, any material that is contrary to applicable local, federal, or international laws and regulations, or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using the Site, and we reserve the right to delete any material our company deems inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Site.

We do not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. We welcome your comments and suggestions regarding the Site, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products.

Apart from the personal information covered under our Privacy Policy, any and all communications or materials sent through the Site, electronically or otherwise, including, but not limited to, data, questions, comments, suggestions, or submissions, are and will be treated as non-confidential and non-proprietary. By submitting material to us, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material. We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to through the Site for any purpose whatsoever, including, but not limited to, developing and marketing products and services, without liability or compensation to you.

By using the Site, you may submit, or we may gather, certain limited information about you and your usage of the Site. Subject to the terms of our Privacy Policy, we are free to use such information for any purpose we deem appropriate.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU FURTHER ACKNOWLEDGE THAT WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY DUE TO YOUR ACCESS TO OR USE OF THE SITE OR ANY MATERIALS PROVIDED ON THE SITE. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER GETTYS GROUP, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF WE OR AN ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH GETTYS GROUP IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT GETTYS GROUP’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GETTYS GROUP IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GETTYS GROUP AND OUR ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR

Prohibited Uses

You may use the Site only for lawful purposes and only for your personal noncommercial use. You are responsible for any communications you make to us through the Site. We prohibit the use of our Site for any of the following: submitting information that is false, inaccurate, or not your own; engaging in conduct that is illegal or would constitute a criminal offense; transmitting information that is copyrighted or otherwise owned by a third party unless you are the copyright owner or you have the owner’s permission to transmit it; transmitting information that infringes on another individual’s intellectual property or privacy rights; communicating information derived from the Site to foreign nations in violation of applicable export control laws; or attempting to use the Site to gain unauthorized access to our networks or otherwise interfering with our network security.

Applicable Law

You agree that the laws of the State of Illinois , without regard to the conflict of laws principles, shall govern these Terms and any dispute arising out of your use of the Site or material from the Site that might arise between you and Gettys Group. The federal and state courts of the State of Illinois shall have exclusive jurisdiction over all claims. Notwithstanding the foregoing, you agree that we may, in our sole discretion, bring a claim in any forum in which personal jurisdiction can be exercised.

Unless otherwise specified, the Site and its Content are solely for promoting products, programs, and business operations within the United States. Materials from the Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. We prohibit your downloading or exporting of materials from the Site in violation of United States Export Laws and the laws of your resident country. By downloading materials from the Site, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.

Right of Modification and Termination

We may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of the Terms, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Site and ceasing to use our Site.

We reserve the right, without notice and for any reason, to remove any Content from the Site, correct any errors, inaccuracies, or omissions in any Content on the Site, change or update any Content on the Site, and to deny access of any user(s) to all or any part of the Site at any time and without prior notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Questions and Feedback

If you have any questions or comments about these Terms, please contact us at:
jzeitner@gettys.com

Privacy Policy

The Gettys Group (“we,” “us,” and “our”) is committed to protecting the privacy of your information. The following Privacy Policy sets forth our policies and practices regarding the online collection, use, and disclosure of the information we receive through your use and navigation of our website (the “Site”).

Effective Date

This Privacy Policy is effective as of November 1, 2017.

Information We Collect

We may collect personally identifiable information that you voluntarily provide to us, such as your first and last names, email address, and other contact information (collectively, “Personal Information”).

Usage Information. We may collect additional information from you that may not by itself reasonably identify you as the source (collectively, “Usage Information”). Usage Information may include your IP address; “click stream” activity, such as when you click on a banner advertisement; the type of Internet browser and computer operating system you are using; the location from which you are accessing the Site; the URL of the website from which you linked to our Site; the areas of our Site you visited; and the actions you performed on our Site. We will take reasonable measures to ensure that the Usage Information we collect is not personally identifiable and may not later be easily used to identify you except in the case of fraud checks or as otherwise required by applicable law.

How We Collect Information

We may collect Personal Information from you when you voluntarily provide Personal Information to us by, for example, using our online forms to submit inquiries, requests for our products and services, or feedback.

We may automatically record Usage Information on our server logs that your browser transmits when you use our Site. We may also collect Usage Information about how you access and interact with our Site through the use of automated tracking technology, such as cookies. A cookie is a small data file that is transferred to a web browser, which enables our Site to remember and customize your subsequent visits. You can instruct your browser to block the acceptance of cookies or to provide you with a warning prompt before you accept cookies from our Site. If you reject cookies, the functionality of our Site may be limited.

How We Use and Disclose Information

General Uses and Disclosures. We may use and disclose your Personal Information and Usage Information, for a variety of purposes, including, but not limited to, directly contacting you in response to your inquiries and requests for information, processing your requests, sending you promotional materials about our products and services, and managing our everyday business needs. We may also use your information to better understand your interests and preferences with respect to our Site by, for example, evaluating your usage activities and patterns.

We may disclose your information to third-party service providers that assist us with managing our daily business operations, providing customer-oriented services, and supporting our marketing efforts.

Law Enforcement, Safety, and Legal Processes. We may share your Personal Information and/or Usage Information with law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your Personal Information and/or Usage Information if required or permitted to do so by law; for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or property of The Gettys Group or the users of the Site; and to act under urgent circumstances to protect the safety of The Gettys Group or its employees or a member of the public. We may also disclose your information to comply with a judicial proceeding, court order, subpoena, or legal process.

Sale or Acquisition of Assets. If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if the Site is transferred to another company, we may disclose and/or transfer your Personal Information and/or Usage Information as part of the transaction. If we are not the surviving entity in that transaction, the surviving entity may use your Personal Information and/or Usage Information pursuant to its own privacy policies and practices, which may differ from this Privacy Policy.

Security of Personal Information

Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while we attempt to protect all Personal Information, we cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. We will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable state and federal laws) stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach.

Other Provisions

Third-Party Links. The Site may contain links to websites that are not affiliated with us. Your use of an external website or any informational content found on an external website is subject to and governed by the privacy policies, terms, and conditions of that website. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of our Site. We are not responsible for the privacy practices of any external Site.

Accessing and Updating Information. If you would like to access, update, or modify your Personal Information or request us to delete your Personal Information, you may do so by contacting us at the contact information listed below. Modifying, updating, or deleting your Personal Information will not result in the modification, updating, or deletion of any Personal Information that may reside in back-up or disaster-recovery storage.

Opting OutIf you would like to opt out of receiving marketing communications directly from us, you may do so by following any instructions included in the marketing communication or by contacting us at the contact information listed below.

Web Analytics. We may share your anonymous Usage Information with Google Analytics, a web analysis service provided by Google. Google Analytics plants a cookie on your web browser to identify you as a unique user each time you visit the Site, but the cookie cannot be used by anyone but Google. We use Google Analytics to analyze Usage Information and assist us in researching the effectiveness of the Site and understanding users’ preferences. Google’s ability to use and share information collected by Google Analytics about your visits to our website is restricted by the Google Analytics Terms of Use, located at www.google.com/analytics/terms/us.html, and Google’s Privacy Policy, located at http://www.google.com/policies/privacy. You may prevent Google Analytics from recognizing your future visits to the website by disabling cookies on your browser or installing Google Analytics’ opt-out browser add-on, which can be accessed at https://tools.google.com/dlpage/gaoptout.

Online AdvertisingWe use third parties, such as Facebook, to provide you with targeted online advertising. This enables us to tailor our marketing and display advertisements that are relevant to you. These third parties may plant cookies on your browser to identify you as a unique user when you visit our Site, enabling them to show you advertisements based on your past visits to our Site. Any advertising data that we obtain from such third parties are limited to anonymous Usage Information. You may choose to prevent such third parties from recognizing your visits to the Site by disabling cookies on your browser. To learn more about opting out of Internet-based advertising, you may visit websites operated by the Network Advertising Initiative and Digital Advertising Alliance. 

Your California Privacy Rights. California law provides that California residents have a right to request businesses to tell them how their personal information has been shared, if at all, with third parties for the third parties’ direct marketing purposes. To make such a request, please contact us at the contact information listed below.

Do Not Track. Certain web browsers and other devices you may use to access the Site may permit you to submit your preference that you do not wish to be “tracked” online. We do not currently commit to responding to these submissions, in part, because no common industry standard for “do not track” has been adopted by industry groups, technology companies, or regulators. We will make efforts to monitor developments around Do Not Track browser technology and the implementation of a standard.

Children Under 13. We do not market to and do not knowingly collect any Personal Information from or about a child under the age of 13 without the consent of the child’s parent or legal guardian.

Updates to the Privacy Policy. We may periodically revise the Privacy Policy in our sole and absolute discretion to reflect changes in our business practices. If we revise the Privacy Policy, we will notify you by posting the updated Privacy Policy on our Site. Changes to the Privacy Policy will become effective and will apply to the information collected starting on the date we post the revised Privacy Policy on our Site. Your continued use of the Site after any change to our Privacy Policy has become effective will constitute your acceptance of any change.

Comments and Questions. If you have a comment, question, or requested related to the Privacy Policy, please contact us at the contact information listed below:
jzeitner@gettys.com