Image Lanka - Best Sri Lankan Resources

Wednesday 28th January 2009 | www.imagelanka.com

1. Acceptance of Terms

Welcome to Imagelanka.com. Imagelanka provides its service to you, subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to you the users.

The User can review the most current version of the T&C at any time at: http://www.imagelanka.com/terms/. By accessing and using the Imagelanka Services, you accept and agree to be bound by the terms and provision of the TOU. In addition, when using particular services in Imagelanka, you shall be subject to guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated in the TOU. Some services other than standard Imagelanka services may be governed by other TOU or Rules, thereby the user is requested to view such terms and condition before the use of same.

2. Description of Services

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 content  through the user’s profile and links to other websites through its network (Imagelanka “Services”). 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.
Unless explicitly stated otherwise, any new features that augments or enhances the current Imagelanka Services, including the release of new Imagelanka properties, shall be subject to the TOU. You understand and agree that the Imagelanka Services are provided "AS-IS" and that Imagelanka assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Imagelanka Services, and that access may involve third-party fees (such as Internet service provider or airtime charges, telephone 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 Imagelanka Services.
You understand that the technical processing and transmission of the Imagelanka Services, 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.
Please be aware that Imagelanka has created certain areas on the Imagelanka Services that contains mature content, and is therefore, more suitable for adults. You must be at least 18 years of age to access and view such areas.

3. Your Registration Obligations

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.

4. Imagelanka Privacy Policy

Registration Data and certain other information about you are subject to our applicable Privacy Policy. For more information, see the full Imagelanka Privacy Policy at http://www.imagelanka.com/Privacy Policy.

5. User Account, Password and Security

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.

6. Member Conduct

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:



• 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;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, an Imagelanka official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Imagelanka Service;
• 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;
• 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;
• 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;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Imagelanka Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfere with or disrupt the Imagelanka Services or servers or networks connected to the Imagelanka Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Imagelanka Services;
• intentionally or unintentionally violate any applicable national or international law, including, but not limited to, regulations promulgated by the Sri Lanka legal and statutory and Exchange Commission, any rules of any national or other securities exchange.;

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.
You acknowledge, consent and agree that Imagelanka may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Imagelanka, its users and the public.
Recognizing the global nature of the Internet, you agree to comply with all local as well as international rules regarding online conduct and acceptable content.


7. Content submitted or made available for inclusion on 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:

• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Imagelanka Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Imagelanka Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Imagelanka Services and will terminate at the time you remove or Imagelanka removes such Content from the Imagelanka Services.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Imagelanka Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"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.

8. Contributions to Imagelanka

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Imagelanka through its suggestion or feedback page, you acknowledge and agree that:
(a) Your Contributions does not contain confidential or proprietary information;
(b) Imagelanka is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) Imagelanka shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) Imagelanka may have something similar to the Contributions already under consideration or in development;
(e) Your Contributions automatically become the property of Imagelanka without any obligation of Imagelanka to you;
(f) You are not entitled to any compensation or reimbursement of any kind from Imagelanka under any circumstances.

9. Indemnity

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.

10. No Commercial Reuse of Imagelanka Services

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).

11. General Practices concerning Use and Storage

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 Imagelanka’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.

12. Modification to Imagelanka Services

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).

13. Termination

You may terminate your Imagelanka account, and any associated email address and access to the Imagelanka Services by submitting such termination request to Imagelanka.
You agree that Imagelanka may, without prior notice, immediately terminate, limit your access to or suspend your Imagelanka account, any associated email address, and access to Imagelanka Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to,

(a) Breaches or violations of the TOU or other incorporated agreements or guidelines
(b) Requests by law enforcement or other government agencies
(c) Discontinuance or material modification to Imagelanka Services (or any part thereof) (d) Unexpected technical or security issues or problems
(e) Extended periods of inactivity
(f) Engagement by you in fraudulent or illegal activities

Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Imagelanka’s sole discretion and that Imagelanka shall not be liable to you or any third party for termination of your account, any associated email address, or access to Imagelanka Services.
Termination of your Imagelanka account includes any or all of the following: (a) removal of access to all or part of the offerings within Imagelanka Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of Imagelanka Services.

14. Dealings with other Web Sites and/or Advertisers

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.

15. Links to other Web Sites

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.

16. Imagelanka’s Proprietary Rights

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.
Imagelanka grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Imagelanka Services. You agree not to access Imagelanka Services by any means other than through the interface that is provided by Imagelanka for use in accessing the Imagelanka Services.

17. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF IMAGELANKA SERVICES ARE AT YOUR SOLE RISK. THE IMAGELANKA SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMAGELANKA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• IMAGELANKA MAKES NO WARRANTY THAT (i) THE IMAGELANKA SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE IMAGELANKA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IMAGELANKA SERVICES WILL BE ACCURATE OR RELIABLE;  (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE IMAGELANKA SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IMAGELANKA SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMAGELANKA OR THROUGH OR FROM THE IMAGELANKA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

 

18. Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMAGELANKA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 IMAGELANKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE IMAGELANKA SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IMAGELANKA SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE IMAGELANKA SERVICE.


19. Notice

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.

20. Trademark Information

You agree that all of Imagelanka’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.

21. Intellectual Property Infringement

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.
Imagelanka may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please report it to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

22. General Information

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.

23. Violations

Please report any violations of the TOU to This e-mail address is being protected from spambots. You need JavaScript enabled to view it