Wednesday 28th January 2009 | www.imagelanka.com
Imagelanka provides users with access to a rich collection of resources, which includes, various communications tools (i.e. email), multimedia tools (i.e. images, videos), forums, articles, classified advertisements, search services, personalized contentÂ through the userâ€™s profile and links to other websites through its network (Imagelanka â€œServicesâ€). You also understand and agree that Imagelanka Services may include advertisements and that these advertisements are necessary for Imagelanka to provide the Services. You also understand and agree that Imagelanka Services may include certain communications from Imagelanka, such as, service announcements and administrative messages and that these communications are considered part of Imagelanka membership and you will not be able to opt out of receiving them.
When using the Services, the user agrees to provide the following;
a). To provide true, accurate, current and complete information about yourself as prompted by the Imagelanka Service's registration form.
b) To maintain and promptly update the registration data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Imagelanka has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Imagelanka has the right to suspend or terminate your account and refuse any and all current or future use of Imagelanka Services (or any portion thereof). Imagelanka, is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under 13 years of who wish to allow their children access to the Service must monitor the use of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
You will receive a password and account designation upon completing the Imagelanka Service's registration process. 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 Imagelanka 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. Imagelanka cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Imagelanka, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Imagelanka Services. Imagelanka does not control the Content posted via the Imagelanka Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Imagelanka Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Imagelanka 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 Content posted, emailed, transmitted or otherwise made available via the Imagelanka Services.
You agree to not use Imagelanka Services to:
You acknowledge that Imagelanka may or may not pre-screen Content, but that Imagelanka and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Imagelanka Services. In addition, Imagelanka and its designees shall have the right to remove any Content that violates the TOU 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 Imagelanka or submitted to Imagelanka, including without limitation information in Imagelanka forums, articles and in all other parts of the Imagelanka Services.
Imagelanka does not claim ownership of Content you submit or make available for inclusion on the Imagelanka Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Imagelanka Services, you grant Imagelanka the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Imagelanka Services are those areas of the Imagelanka network that is intended by Imagelanka to be available to the general public. By way of example, publicly accessible areas of the Imagelanka Services would include Imagelanka Message Boards, Forums and portions of Imagelanka that are open to both members and visitors. However, publicly accessible areas of Imagelanka Services would not include portions of Imagelanka that are limited to members, Imagelanka services intended for private communication such as Mail, or areas off of the Imagelanka network such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Imagelanka.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Imagelanka through its suggestion or feedback page, you acknowledge and agree that:
You agree to indemnify and hold Imagelanka and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Imagelanka Services, your use of the Imagelanka Services, your connection to the Imagelanka Services, your violation of the TOU, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Imagelanka Services (including Content, advertisements and software).
You acknowledge that Imagelanka may establish general practices and limits concerning use of Imagelanka Services, including without limitation the maximum number of days that email messages, message board and/or Forum postings or other uploaded Content will be retained by Imagelanka Services, the maximum number of email messages that may be sent from or received by an account on Imagelanka Services, the maximum size of any email message that may be sent from or received by an account on Imagelanka Services, the maximum disk space that will be allotted on Imagelankaâ€™s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Imagelanka Services in a given period of time. You agree that Imagelanka has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Imagelanka Services. You acknowledge that Imagelanka reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Imagelanka reserves the right to modify these general practices and limits from time to time.
Imagelanka reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Imagelanka Services (or any part thereof) with or without notice. You agree that Imagelanka shall not be liable to you or to any third party for any modification, suspension or discontinuance of Imagelanka Services (or any part thereof).
You may terminate your Imagelanka account, and any associated email address and access to the Imagelanka Services by submitting such termination request to Imagelanka.
Your correspondence, business dealings with, or participation in promotions of, Web Sites and/or Advertisers (i.e. classified advertisements) found on or through Imagelanka Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the particular Web Site and/or Advertiser. You agree that Imagelanka shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such a Web Site and/or Advertisement on Imagelanka Services.
Imagelanka Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Imagelanka is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other material on or available from such sites or resources. You further acknowledge and agree that Imagelanka shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that Imagelanka Services and any necessary software used in connection with the Imagelanka Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements, information (i.e. articles) or multimedia presentations (i.e. images, vides) presented to you through Imagelanka Services, by advertisers or by contributors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Imagelanka or the applicable licensor (such as an advertiser and/or contributor), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Imagelanka Services, such Content or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Imagelanka may provide you with notices, including those regarding changes to the TOU, by email or by displaying notices or links on the Service. Such notices may not be received if you violate this TOU by accessing the Imagelanka Services in an unauthorized manner. Your agreement to this TOU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered, had you accessed the Imagelanka Services in an authorized manner.
You agree that all of Imagelankaâ€™s trademarks, trade names, service marks and other Imagelanka logos, and product and service names are trademarks and the property of Imagelanka.com (Imagelanka Symbols). Without Imagelanka's prior permission, you agree not to display or use in any manner the Imagelanka Symbols.
Whilst giving you the opportunity to share your work, we at Imagelanka respect the intellectual property rights of others, and we ask our users to do the same. Therefore, we ask you not to upload Content (i.e. images, videos, articles), which is not your original work.
The TOU constitutes the entire agreement between you and Imagelanka and governs your use of the Imagelanka Services, superseding any prior version of this TOU between you and Imagelanka with respect to the Imagelanka Services. You also may be subject to additional terms and conditions that may apply when you use certain other Imagelanka services, affiliate services, third-party content or third-party software.