Terms of Use & Service

Acceptance of Terms

The services that Imaggly provides to you are subject to the following Terms of Use ("TOU"). Imaggly, and it's parent company, reserve the right to update the Terms of Use & Service at any time without notice to you. The most current version of the Terms of Use & Service can be reviewed by clicking on the "Terms of Use & Service" hypertext link located at the bottom of our Web pages.

Description of Services

Through its network of Web properties, Imaggly, and it's parent company provides you with access to a variety of resources, including developer tools such as access to API's (when applicable), download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use & Service.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy and Protection of Personal Information

See our Privacy Policy statement and disclosures relating to the collection and use of your information throughout Imaggly and partner websites.

Notice Specific to Web Applications, Mobile Apps and/or Other Software Available on this Website

Any web applications, mobile applications or software that is made available to use or download from the Services ("Application", "Applications") is the copyrighted work of Imaggly, and it's parent company, and/or its suppliers. Use of the Applications made available is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Application license agreement ("License Agreement"). An end user will be unable to use or install any Application that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Imaggly or it's parent company.

The Applications are made available for use and/or download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Applications not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE APPLICATIONS AVAILABLE ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, IMAGGLY OR ITS PARENT COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE APPLICATIONS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, IMAGGLY OR ITS PARENT COMPANY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS APPLICATION PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. IMAGGLY OR ITS PARENT COMPANY, DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES AND OR APPLICATIONS OR IN OTHER PARTNER PRODUCTS, SERVICES OR APPLICATIONS.

Notice Specific to Documents Available on this Website

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (A) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (B) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (C) no modifications of any Documents are made. Accredited educational institutions, such as schools, universities, private/public colleges, and state sponsored schools may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Imaggly website or any other Imaggly owned, operated, licensed or controlled Website, or its parent company. Elements of Imaggly website(s) are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Imaggly or its parent companies website may be copied or retransmitted unless expressly permitted by Imaggly.

IMAGGLY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IMAGGLY, ITS PARENT COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL IMAGGLY, ITS PARENT COMPANY, AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IMAGGLY, ITS PARENT COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Notices Regarding Software, Documents, and Services Available on Imaggly

IN NO EVENT SHALL IMAGGLY, ITS PARENT COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, APPLICATIONS, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

User Account, Password, and Security

Imaggly Services ask you to open an account (optional) and as such you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Imaggly and/or its parent company, immediately of any unauthorized use of your account or any other breach of security. Imaggly, and its parent company, will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Imaggly and/or its parent company or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Imaggly, or its parent company's, services, server, or the network(s) connected to any Imaggly or its parent company's server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any VIDYAO or its parent company's server or to any of the Services, through hacking, brute forcing, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Use of Services

The Services may contain e-mail services, news services, movie rental services, chat areas, communities, personal web pages, calendars, photo albums, file storage facilities and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information via video, image, text or otherwise any other means;

Upload, or otherwise make available, files that contain videos, images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

Use any material or information, including videos, images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

Upload or link to files that contain viruses, capture user information for purposes of a botnet or other such malicious network, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Restrict or inhibit any other user from using and enjoying our Applications, Services and Communication Services;

Violate any code of conduct or other guidelines which may be applicable for any particular Application, Service or Communication Service;

Harvest or otherwise collect information about others, including e-mail addresses and personal details;

Violate any applicable laws or regulations;

Create a false identity for the purpose of misleading others;

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any videos, images whether free or paid for and any directory of users of the Services or other user or usage information or any portion thereof.

Imaggly and its parent company have no obligation to monitor the Communication Services. However, Imaggly and its parent company reserve the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Imaggly and its parent company reserve the right to terminate your access to Applications, Services and any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Imaggly and its parent company reserves the right at all times to disclose any information as Imaggly or its parent company deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Imaggly's or its parent company's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Imaggly and its parent company does not control or endorse the content, messages or information found in any Applications, Services or Communication Services and, therefore, Imaggly and its parent company specifically disclaims any liability with regard to the Applications, Services, Communication Services and any content uploaded and share and any actions resulting from your participation in any of the aforementioned. Moderators of Imaggly, or approved content creators, news article creators or verified users and other users not authorized Imaggly or its parent company's spokespersons, and their views do not necessarily reflect those of Imaggly or its parent company.

Materials uploaded to the Applications, Services and Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you view and download the materials.

Materials Provided to Imaggly or Posted at Any Parent Company Website

Imaggly and its parent company do not claim ownership of the materials you provide to Imaggly or the parent company (including feedback and suggestions) or post, upload, input or submit to any Applications, Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Imaggly, its parent company, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Imaggly Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Imaggly and its parent company are under no obligation to post or use any Submission you may provide and Imaggly and/or its parent company may remove any Submission at any time in its sole discretion.

By Posting a Submission, uploading videos, using Communication Services to share and link to content, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions as aformentioned.

In addition to the warranty and representation set forth above, by Posting a Submission that contain videos, images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Notices and Procedure for Making Claims of Copyright Infringement

Imaggly authorises its creators to only upload videos that the creator has for all intents and purposes made himself and/or herself and with content the creator is authorised to use. We do not authorize to upload videos that the creator did not make, or allow to use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs or videos made by other users, without necessary authorisations. Imaggly and its parent company do not claim any liability for copyrighted works uploaded to the Website. Imaggly and its parent company do their best to ensure applicable copyright laws are followed or fall under fair use, however some videos may slip past our detection scanning filters. If you believe your copyright has been violated please get in touch with us so we could assess the video at hand and deal with appropriately. Imaggly and its parent company do not allow monitzation of content with copyrighted materials which had not had explicit permission to be used by the creator and doing so goes against Terms of Use & Service.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE IMAGGLY. THE LINKED SITES ARE NOT UNDER THE CONTROL OF IMAGGLY OR ITS PARENT COMPANY AND IMAGGLY AND ITS PARENT COMPANY ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. IMAGGLY AND ITS PARENT COMPANY ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. IMAGGLY AND ITS PARENT COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY IMAGGLY AND ITS PARENT COMPANY OF THE SITE.