Services provided by img555

img555 is a free, privacy-focused Web site that allows users to upload files to the Web site’s servers for the processing and conversion of image files and provides other useful tools in connection therewith (collectively, the “Site”) (the “Services”). By using the Site and the Services offered thereon, you hereby agree to all of the terms and conditions set forth herein and assume all responsibilities and requirements associated therewith. The Site does not currently require any registration or usage fees, and therefore, your use thereof constitutes your express acknowledgement and agreement to all of the terms and conditions set forth herein.

User Conduct

Users are solely responsible for all content uploaded to the Site or utilized via the Services. img555 reserves the absolute right, in img555.’s sole and absolute discretion to take appropriate action to remove or otherwise limit your usage of the Site and Services if you take action(s) that img555. deems to violate any law, regulation, contract, or terms and conditions herein. Users hereby agree not to use the Site and/or Services in any unlawful or improper manner, in img555.’s sole and absolute discretion, including but not limited to the following:

• • • (a) Uploading, converting or otherwise utilizing the Site and/or Services in relation to content that (i) infringes any intellectual property or other proprietary rights of any party or third party; (ii) 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; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail, “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of img555., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose img555. or its users to any harm or liability of any type;
    • (b) Taking any action that disrupts or interferes with the Site, Service, or servers or networks connected to the Services, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service; or
    • (c) Taking any action that violates any applicable local, state, national or international law, or any regulations having the force of law;
    • (d) Taking any action that harvests or collects information of other users from the Site and/or Services, if applicable, by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    • (e) Uploading or utilizing content that furthers or promotes any criminal activity or enterprise or provide instructional information about illegal activities; or
    • (f) Taking action to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site or Services.

Personal Use

The Site and Services are for your personal or business use. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or Site, or access to the Services or Site.

Fees

Currently there are no fees associated or assessed for utilizing the Site or the Services. Notwithstanding the foregoing, img555. reserves the absolute right to begin charging for such fees and services at any time for any reason.

Analysis and Retention of User Content

IMG555 does not analyze any User Content uploaded through the Site and assumes no responsibility in connection therewith. You hereby assume full responsibility for the uploading and use of your User Content. IMG555 will use all reasonable efforts to remove all User Content uploaded to the Site or through the Services after the User Content has been processed (1 hour). You hereby acknowledge such removal and release IMG555 from any and all claims related thereto.

In addition, if for any reason IMG555 is unable to remove User Content within 1 hour, you hereby release IMG555 from any and all claims or damages related thereto. You upload all User Content at your own risk and agree that IMG555 is not responsible for the presence of said User Content on the Site, including potential access to said User Content by other third parties and/or other users.

IMG555 does not retain or collect personally identifiable information from User Content uploaded to the Site and, therefore, IMG555 makes no claims or representations regarding the security and privacy of User Content uploaded to the Site. IMG555 may retain Content and may disclose Content if required to do so by law or in the good-faith belief that such retention or disclosure is reasonably necessary to comply with legal process, enforce applicable laws or governmental requests, enforce these Terms of Service, respond to claims that any Content infringes on the rights of third-parties, or to protect the rights, property, or personal safety of IMG555, its users, and the public.

Intellectual Property Rights

Service Content, Software and Trademarks. You acknowledge and agree that the Site and Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by img555., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith is the property of img555., our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by img555.

Third Party Material. Under no circumstances will img555. be liable in any way for any content or materials of any third parties (including Users), 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 such content. You acknowledge that img555. does not have any duty to pre-screen content, but img555 and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, img555 and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by img555, in its sole discretion, to be 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. Some content available via the Services may include explicit language or images, which may not be appropriate for all audiences, and you acknowledge and agree that you use the Services at your own risk.

User Content Transmitted Through the Service. With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. img555. is not responsible for any modifications or changes you make to the User Content. You acknowledge that img555. is not assuming any ownership or association with or to any of the User Content and that img555. is simply a platform service for uploading and otherwise modifying said User Content, rights in which User hereby grants img555. a limited non-exclusive license thereto.

Disclaimer of Warranties

YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. img555. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. img555. MAKES NO WARRANTY THAT (i) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT img555 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF img555 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (Iv) ANY OTHER MATTER RELATING YOUR USAGE OF THE SITE AND/OR SERVICES.

Governing Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflicts of law provisions. You hereby submit, as evidenced by utilizing the Site and Services, to the exclusive jurisdiction of the courts of Davidson County, Tennessee, for purposes of any and all litigation arising out of or relating to the User’s usage of the Site and/or Services. You hereby waive any objections to the forum of Tennessee for lack of venue, forum non conveniens, or any other jurisdictional ground. If legal action is taken by img555 to enforce its rights under this Agreement, all costs and expenses incurred by img555, including reasonable attorney fees and court costs, will be paid by the other party.

Miscellaneous

Should any provision in these terms and conditions be invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. img555 reserves the right to make changes, amendments and additions to these Terms at any time and all changes, amendments and additions so made shall be binding on User upon further usage of the Site after posting of the new terms and conditions.

THE USER HAS HAD THE OPPORTUNITY TO READ AND REVIEW THESE TERMS AND CONDITIONS AND, BY UTILIZING THE SITE AND/OR SERVICES, HEREBY AGREES TO THE TERMS SET OUT HEREIN FREELY, VOLUNTARILY, AND WITHOUT COERCION.