Terms of Service

GENERAL

Imageforge is for use by adults aged 18 years and older.

Don't upload copyrighted content. Don't upload advertising, solicitations, or material that is threatening, harassing, defamatory, or is illegal. If you upload suspected illegal content, you will be banned, and your account deleted. If you upload child porn, we will report your IP and other relevant information to the authorities.

CONTENT

You can upload images and share them online with only the people you choose to share them with. If you don't make them private, they may be featured in the explorer. This means that if you upload an image to share with your friend, and you save the image in a private (link only) album, only those who you share the link with will be able to access it online. However, if you save the image to a public album, or no album, then it may end up on the front page, in explorer, or selected at random.

By making your content public, you are also giving other Members on Image forge the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site, third party websites or applications provided such use is not for a commercial purpose. By uploading, you are confirming that the Content is yours, and that the uploading and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others' rights or are using Content that is not yours, Image forge has the right to remove this Content and you agree that you are responsible for any costs associated with the infringement. By uploading a file or other content or by making a comment, 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 Image Forge a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sub-license 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 Image Forge pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Image Forge has already copied and sub-licensed or designated for sub-license. Also, of course, 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 Image Forge 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 email, but also address and phone. Email: [email protected] Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA take-down demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a “repeat infringer,” we will block or remove your images and terminate any accounts you have with us. (If we notify you of a DMCA removal and you respond with a legitimate counter-notice, that won't count toward being a repeat infringer.) Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.

DISCLAIMER OF WARRANTIES, LIMITATIONS OF REMEDIES, INDEMNITY

Although of course we strive to make Image Forge as dependable as possible, Image Forge'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. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. Image Forge 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 Image Forge TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, Image Forge HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. Image Forge DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON ImageForge .us THAT IS NOT PRODUCED BY Image Forge, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

Image Forge's liability for the loss of any services and/or of any images or other data you may have stored on Image Forge's service is limited to a refund of the cost, pro-rated if applicable, of the most recent month of service (if you have paid for an Image Forge Premium subscription). Otherwise, your sole remedy is to discontinue the use of our service. Image Forge WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, IMAGE FORGE'S SERVICES, EVEN IF IMAGE FORGE 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 IMAGE FORGE'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

YOU WILL INDEMNIFY AND HOLD IMAGE FORGE 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, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.

"Image Forge" or "we" refers to ImageForge.us, and its successors and assigns. "You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time. These terms are governed by United States law, excluding its conflicts of law principles, and if there is a lawsuit between you and Image Forge, jurisdiction and venue will lie exclusively in the State where the defendant is located, if within the United States. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms of Use constitute the relating to this subject matter, and they will continue to govern any issues that arise out of your use of Image Forge's services even after you discontinue using them. We may revise these terms from time to time without notice. Any changes apply as of the time they are posted.

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