These terms of Service may change without notice as determined by us at Image4U. The latest change shall be the effective version.
Use of Image4U and related services are provided as is and in good faith. We at Image4U may discontinue services at any time, with or without notice.
ACCEPTANCE OF TERMS
We at Image4U make no statement or representation regarding reliability, accuracy, or suitability for any purpose or reason. There are no guarantees and no warranties. By associating with Image4U and related services, you assume the entire risk of direct or indirect, consequential or inconsequential results from correct or incorrect actions. You agree that these terms of service made be edited or changed at any time.
DESCRIPTION OF SERVICE
Image4U provides users with access to a web service (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Image4U to provide the Service. Paid, Up-to-date accounts will never contain advertisements. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Image4U properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Image4U assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In addition, when using particular Image4U services, you and Image4U shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Backing up data stored in each user's account is the sole responsiblity of each individual user. The Service is not responsible for maintaining a backup of any user's data. The Service encourages Members to maintain a local copy of all data upload to Member's accounts. Members understand and agree that email messages may be sent by the Service to Members when needed to inquire about member accounts or other information.
Subscriptions are auto-renewing via the payment agent utilized when the subscription is activated. All subscriptions remain active while accounts are fully funded or until the user cancels their subscription via the payment agent. Subscriptions canceled after a payment has been made do not qualify for a refund. Once a subscription has been canceled via the payment agent, and Image4U has received notification, the account will terminate immediately.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Your username and account password are provided by you. Your username must be an active email account in your possession. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Image4U of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Image4U cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
Provider reserves the right to change prices at any time and prices are guaranteed for the term of payment. Any account not brought current within a week (7 days) of notice is subject to suspension/deletion. Client agrees they are responsible for keeping their account up-to date and for all money owed on the account from the time it was established to the time that Client notifies Provider for termination of Service. All payment is in United States currency.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Image4U, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Service. Image4U does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Image4U be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for 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 agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Image4U official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Image4U does not pre-screen content, but that Image4U and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, Image4U and its designees shall have the right to remove any content that violates the TOS or is otherwise 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 may not rely on any content created by Image4U or submitted to Image4U, including without limitation information in Image4U accounts, message boards, or clubs, and in all other parts of the Service.
You acknowledge and agree that Image4U may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Image4U, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that Image4U, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Image4U believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Image4U may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Image4U may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Image4U shall not be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Image4U EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Image4U MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Image4U OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Image4U SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Image4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
COPYRIGHTS and COPYRIGHT AGENTS
Copyright. All of the information, content, services and software displayed on, transmitted through, or used in connection with this Site, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "content"), as well as its selection and arrangement, is owned by us, our parent corporation or its affiliated companies, licensors and suppliers. We actively protect our rights to the content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service.
You may use the content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such content. No other use is permitted. You may not, for example, republish the content on any Internet, Intranet or Extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any of the content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the content without our written consent. Requests to use of the content for any purpose other than as permitted in this section should be directed to Image4U.