Terms of Service

Intellectual Property

By uploading a file or other content, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant ImagePow a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to ImagePow pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content ImagePow has already copied and sublicensed or designated for sublicense. Also, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.

By downloading a file or other content from the ImagePow site, you agree that you will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.


NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT

If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information: Identification of the copyrighted work or works claimed to have been infringed. Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed. Your physical or electronic signature, or of someone authorized to act on your behalf. Instructions on how we may contact you, preferably by email.


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Disclaimer of Warranties, Limitations of Remedies, Indemnity

ImagePow's services are provided on an AS IS - WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. IMAGEPOW DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER IMAGEPOW TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, IMAGEPOW HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. IMAGEPOW DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON IMAGEPOW.COM THAT IS NOT PRODUCED BY IMAGEPOW, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE. ImagePow WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, IMAGEPOW'S SERVICES, EVEN IF IMAGEPOW HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF IMAGEPOW'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS. YOU WILL INDEMNIFY AND HOLD IMAGEPOW AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, OR OTHER CONTENT TO OUR SERVERS.


Privacy

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