terms & conditions

The Services offered by isw comprise several services and applications for the global Retail and Visual Merchandising “VM” sectors than can be accessed through the platforms that isw operates and manages through the isw site(s), which may be offered in the future.

Services offered through isw:

Through the isw site(s) the user can search visual content, like illustrations, photos and images, video contents and recordings (including the corresponding audio) in any format (“isw Site(s) Content”), as well as specific information related to such content.

The Services may offer, in the result of that search, contents owned by isw (“isw Content”), photographic material of objects owned by third parties offered through the isw Site(s) (“isw Reference Content”). The Service may also offer content offered by third parties freely available through the internet (“isw Third Party Content“).

The User is only authorized to use the Site(s) and the Services in accordance with the Terms and in good faith.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Site(s) or third parties, particularly, the owners of the Reference Content.

The User will not interfere with the functioning of the Site(s) or in the Services, in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Site(s) or the Services, which may impact the security of the Site(s) or the Services, or which may in any way interfere with the Services offered by isw. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Site(s) or the Services in any way which is contrary to the ordinary use of the Site(s) or which infringes isw’s interests, without its express prior authorization. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Site(s) using any method or system not expressly authorized by isw or which is not the ordinary method of accessing the Site(s).

The User shall be responsible of ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment and software necessary for this purpose and of any costs required for the use of the Services.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from isw.

When providing the Services, the Site(s) can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.

In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible of keeping such information updated. Should the User provide false, outdated or incomplete information, or should isw have reasons to suspect it, isw reserve the right to suspend or cancel the User’s account.

The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.

The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform isw.

isw may suspend or cancel the account of the User if it considers that the User has breached these Terms.

The Services allow Users to:

i. Search for content that may result from the isw Selection and or Search for content that may result in Third Party Content.

ii. Download Contents of the isw Selection.

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting isw as indicated in Section 7.

4.1. Third Party Content.

isw is not the provider of the Third Party Content and does not present itself as owner of such Content. Furthermore, displaying “isw Reference Content” does not imply any relationship between isw and the third party responsible for the Third Party Content.

isw does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the “isw Reference Content”. The Third Party Content is the sole responsibility of the third parties that make them available to the public through their retail stores and windows.

isw is not a party and does not take part in the relationship between the User and the third party and is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Third Party Content must be addressed to the third parties.

4.2. Reference Content

Reference Contents are offered in the terms stated in Sections 7 and 8, as applicable.

When offering Reference Content, isw acts as a mere intermediary, providing the User with the access and subscription to the Reference Content.

isw makes reasonable efforts in guaranteeing the lawfulness of the Reference Content. However, isw cannot monitor or control all such Reference Content. For such reason, the User acknowledges and agrees that isw shall not be responsible for evaluating the originality, the non-infringement of third party rights and the lawfulness of such Reference Content and that isw does not guarantee nor is liable in respect of any such Contents, except for those cases expressly provided in the applicable regulations.

isw only hosts the Reference Content and therefore isw has no obligation to edit, select, check, or control the Reference Content nor guarantees, approves or necessarily agrees with the Reference Content.

The User acknowledges and agrees that it uses the Site(s) and its Services at the User’s own risk and under the User’s responsibility and therefore isw does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to isw resulting from the User’s use of the Site(s) and the Services in breach of the Terms and accepts to indemnify iswand its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.

isw does not warrant the availability or continuity of the Site(s) and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

As way of example and without limitation, isw shall not be liable for any damages that may result from:

• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not isw’s responsibility.
• Delays or unavailability of the Site(s) and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
• Third party actions.
• Unavailability of the Site(s) and the Services due to maintenance or software updates.
• Any other event beyond isw’s direct control.

SAVE FOR ISW’S WILLFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE SITE(S) AND THE SERVICES IS AT SOLE RISK OF THE USER AND ISW SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE SITE(S) AND/OR THE SERVICES.

The insertion of links in the Services does not imply any relationship, recommendation or supervision by isw of the linked site(s) and accordingly, isw does not accept any liability in relation to the content of any linked site(s) except in the specific circumstances provided by applicable law.

In accordance with Section 4 above, regarding the Reference Contents, isw acts exclusively as the provider of the intermediation service between the offer of Reference Contents and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by Law.

isw will make all reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of Content as exclusively for personal use or any equivalent expression. However, ISW NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR PERSONAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, isw shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for personal use.

All intellectual property rights over the Site(s) and its Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to isw.

Except as expressly authorized under Section 8, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Site(s), the Services, or any of its parts, is strictly forbidden.

The photographic material of Third Party Contents are protected by intellectual property rights, as appropriate, and belong to isw. isw is not the owner of the photographed object and cannot grant any license or authorization in relation to the Third Party Content.

If the third party holder of a Third Party Content does not want to be included in isw’s Reference Content, the third party can contact isw as indicated in Section 11. If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to isw as set forth in Section 11.

The User may use the content in the isw Selection provided that it: (i) does not involve collective use, (ii) the content in the isw Selection is not used in a manner that suggests an association or endorsement by isw or it Site(s), (iii) the content in the isw Selection or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits to the Site(s) (iv) does not resell, assign, transfer or sublicense the content in the isw Selection or any derived work from a Content in the isw Selection, (v) does not use the content in the isw Selection in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, mobile device apps, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content in the isw Selection is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element), (vi) does not use the content in the isw Selection (totally or partially) in any trademark, logo or part of the same, or which may be used by any other mean to guarantee or to imply a guaranty of any product and/or service, unless the content in the isw Selection used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original content in the isw Selection or implies a use of the content in the isw Selection as a template or test, and not as a final item or material; (vii) does not make any use of the content in the isw Selection, which might be considered defamatory, libelous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the content in the isw Selection in a negative light or depicts them in a way that they may find offensive such as the use in; pornography; ads for escort or similar services; political endorsements, birth control products; and (viii) does not make any use of the content in the isw Selection to slander, libel or to vilify; a person, race, sex, culture, religion, country, region, town, village or any other place.

When any Content of the isw Selection is marked or identified as for personal use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear on the background, the User shall only be entitled to use it for such personal use. This means that in such cases the User undertakes not to use that Content in any manner that entails advertising, marketing or commercialization of any product or service. The User shall be directly liable and isw shall not assume any liability as a result of the use for commercial purposes by the User of any Content of the isw Selection, which according to this paragraph should be for personal use only.

The authorization to use the content in the isw Selection shall be free provided that any use of the Content in the isw Selection by the User is credited to the isw Site(s). All content in the isw Selection has been watermarked. This authorization does not include the removal of the watermark and therefore it is strictly prohibited to crop, edit, Photoshop, mask, remove or modify the isw logo when using any of the content.

The User does not acquire any right as a result of the use of the content in the isw Site(s). In particular, the User is not authorized to distribute, resell or rent any content in the isw Site(s) (or any modification of any content in the isw Site(s)).

The User rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the isw Site(s) and will destroy every copy, whether total or partial, thereof.

The terms in this Section (the “Subscription Terms”) govern any purchase of any Subscription in the isw Site(s). When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms.

These Subscription Terms are available to the User before and during the purchase of the Subscription and may be stored or reproduced on a durable medium.

The Subscription Terms are available in English and will be made available in any other future language of the site(s). In case the User is interested in purchasing any Subscription, it has to follow the instructions available in the relevant Site(s) from time to time.

The Subscriptions available are offered in the isw Site(s) where the relevant information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). isw can modify at any time the Subscriptions offered, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the isw Site(s) Content.

The price for the Subscription is stated in Euros in the isw Site(s) and includes, if applicable, the relevant Value Added Tax after the User states his/her billing location. isw is entitled to modify the price for any Subscription at any time. isw shall apply the price stated in the isw Site(s) at the time of the submission of the order of the Subscription by the User.

The User shall pay the Subscription in advance through PayPal, as stated in the isw Site(s). To purchase and pay the Subscription, the User shall follow the instructions stated in the isw Site(s). The processing of the payment information and data through PayPal is made within third parties sites. When ordering any Subscription, the User authorizes isw to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until isw has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be in force for the term purchased by the User.

Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration. This can only be modified by the User in his/her account on the isw site(s). isw shall charge the corresponding price by the same initial payment method. isw may modify the price for the renewal of the Subscription, provided that the User is informed with -at least- one month prior notice.

Once the User purchases the Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the isw Site(s) 24 hours after making the relevant payment.

After the purchase of the Subscription, the User may benefit from the following:

i. The Service consisting in using the content of the isw. The conditions stated in Sections 7 and 8 shall still be applicable.

ii. Not to be subject to the restrictions as to number of content downloads applicable to the isw Selection from time to time, without prejudice to the application of certain restrictions to the number of downloads aimed at preventing a fraudulent or abusive use of the Site(s).

As the isw Content is digital content, no cancellation right shall apply, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable.

isw may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Site(s) or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, isw will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.

The use of the Site(s) and the Services shall be governed by Mexican Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Mexico, and the Parties waive expressly any other applicable jurisdiction.

If any provision in these Terms is declared to be invalid or unenforceable, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.

You may contact isw for any query or claim through:
contact@iseewindows.com