imgHOSTR Terms of Service

(Updated 10/07/2017)

  1. Terms

By accessing the website at https://imgHOSTR.net, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The images uploaded to this website are not protected by any copyright or trademark law.

  1. Image upload terms

Files or images submitted to our website must be owned and have been taken or created by yourself, that you have all rights to transmit and license the image and that it does not violate any trademark, copyright, or other intellectual property right, privacy or any other rights of any other person, business or entity.

You must agree that any images you upload may be used by any person, business or entity as described in section 2.

You must agree not to upload any offensive material, including expressions of racism, hate crime, religious hatred, abusiveness, vulgarity, profanity, violence, guns or constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of any criminal activity.

You must agree not to upload anything that contains pornography or anything that would be considered lewd, suggestive, sexually explicit, obscene, indecent or illegal.

You must agree not to impersonate any person or entity in the images you upload or the details you provide during registration or in the image description.

You must agree that your content will be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

You must agree not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

You must agree not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The images posted on this website are provided on an 'as is' basis. imgHOSTR makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, imgHOSTR does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Hotlinking images

Hotlinking is allowed for the purposes of posting on forums, message boards and sharing on social media. Abusive hotlinking is not allowed.

Abusive hotlinking would be considered as, but not limited to,
saving your website bandwidth at the expense of ours (i.e. using imgHOSTR as a CDN (Content Delivery Network), Serving the static content on your website or any other website or serving advertising banners/images from imgHOSTR).

Any website or websites found to be violating this policy, at our discretion, may be prevented from hotlinking at any time and for any reason and the image in question may be permanently deleted.

  1. User login details

If you register for an account with our website, you will be asked to choose a user ID and password.

Your user ID must not be liable to mislead and must comply with the content rules set out in this TOS; you must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation.

You may cancel your account on our website by contacting us via the contact form requesting your details be deleted.

  1. Our role

You acknowledge that:

we do not confirm the identity of website users, check their bona fides, or otherwise vet them;

  1. User reviews/comments

We do not publish reviews or comments on our website.

Reviewers are or may be independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.

We publish reviews and/or comments by our users on our website.

Any user may submit reviews and/or comments for publication on our website, subject to these terms and conditions.

Your reviews and/or comments must be honest, reasonable and bona fide reviews of the images published on our website.

You may only post a reviews and/or comments if you have registered on our website.

You must not post a reviews and/or comments if:

(a) you have a financial interest in the subject matter of the review;

(b) you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; and/or

(c) you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

For the avoidance of doubt, your reviews constitute "your content"

You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us OR your user ID, but we shall have no obligation to do so.

You hereby waive all your moral rights in your reviews and/or comments to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews and/or comments have been waived to the maximum extent permitted by applicable law.

You acknowledge that the user reviews and/or comments published on our website are submitted by users, and that we do not usually review, approve or edit such content; accordingly, we do not warrant the completeness or accuracy of the user content.

  1. Limitations

In no event shall imgHOSTR or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on imgHOSTR's website, even if imgHOSTR or a imgHOSTR authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. Acceptable use

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Accuracy of materials

The materials appearing on imgHOSTR's website could include technical, typographical, or photographic errors. imgHOSTR does not warrant that any of the materials on its website are accurate, complete or current. imgHOSTR may make changes to the materials contained on its website at any time without notice. However imgHOSTR does not make any commitment to update the materials.

  1. Links

imgHOSTR has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by imgHOSTR of the site. Use of any such linked website is at the user's own risk.

  1. Modifications

imgHOSTR may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

  1. Limited warranties

We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

To the maximum extent permitted by applicable law and subject to Section 14, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

  1. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Report abuse

If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

You can let us know about any such material or activity using our contact form found in the “About” menu.

  1. Indemnity

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

  1. Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Third party websites

Our website may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

We have no control over third party websites and their contents and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  1. Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Breaches of these terms and conditions/terms of service

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account)

  1. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that location.