These Terms of Service ("Terms") govern your access to and use of the services, including our website, SMS, (the "Services" or “ID An Image”), and any information, images, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Image or Text Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Image or Text Content you post to the Services, and for any consequences thereof. The Image or Text Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Image or Text Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with ID An Image and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that ID An Image provides are always evolving and the form and nature of the Services that ID An Image provides may change from time to time without prior notice to you. In addition, ID An Image may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Image or Text Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by the use of uploaded images or text on the Services are subject to change. In consideration for ID An Image granting you access to and use of the Services, you agree that ID An Image and its third party providers and partners may place such advertising on the Services or in connection with the display of Image or Text Content or information from the Services whether submitted by you or others.
All Image or Text Content, whether publicly uploaded or privately transmitted, is the sole responsibility of the person who originated uploaded the image. We may not monitor or control the Image or Text Content posted via the Services and, we cannot take responsibility for such Image or Text Content. Any use or reliance on any Image or Text Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by the images. You understand that by uploading images or text, you may be exposed to Image or Text Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will ID An Image 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 image or text content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any image or text content you submit, post or display on or through the ID An Image. By submitting, posting or displaying image or text content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such image or text content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for ID An Image to provide, promote, and improve the Services and to make image or text content submitted to or through the Services available to other companies, organizations or individuals who partner with ID An Image for the syndication, broadcast, distribution or publication of such image or text content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by ID An Image or other companies, organizations or individuals who partner with ID An Image, may be made with no compensation paid to you with respect to the image or text content that you upload, post, transmit or otherwise make available through the Services.
We may modify or adapt your image or text content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your image or text content as are necessary to conform and adapt that image or text content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any image or text content you provide, and for any consequences thereof, including the use of your image or text content by other users and our third party partners. You understand that your image or text content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit image or text content for such use, it may subject you to liability. ID An Image will not be responsible or liable for any use of your image or text content by ID An Image in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any image or text content that you submit.
ID An Image gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by ID An Image as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ID An Image in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding image or text content provided by users) are and will remain the exclusive property of ID An Image and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the ID An Image name or any of the ID An Image trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ID An Image, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, ID An Image’s computer systems, or the technical delivery systems of ID An Image’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ID An Image (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ID An Image (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of ID An Image is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of image or text content in such a manner as to interfere with or create an undue burden on the Services.
ID An Image respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
Please read this section carefully since it limits the liability of ID An Image and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “ID An Image Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use of the Services or any image or text content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ID An Image ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The ID An Image Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any image or text content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any image or text content; (iii) the deletion of, or the failure to store or to transmit, any image or text content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the ID An Image Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the ID An Image Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the ID An Image Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ID AN IMAGE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR IMAGE CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ID AN IMAGE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ID AN IMAGE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ID AN IMAGE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. Waiver and Severability
The failure of ID An Image to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Entire Agreement
These Terms and idanimage/privacy are the entire and exclusive agreement between ID An Image and you regarding the Services (excluding any services for which you have a separate agreement with ID An Image that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ID An Image and you regarding the Services. Other than members of the group of companies of which ID An Image is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be at idanimage.com/terms. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by ID An Image. If you have any questions about these Terms, please contact us firstname.lastname@example.org
Effective: June 25, 2013