ImageShack Terms of Service
What being our customer is all about
THE SHORT VERSION
ImageShack is here to serve all of your image hosting needs, so you can upload anything you want. However, if content you upload is subject to subpoena from local or international law enforcement, we will release personal information when we believe in good faith that release is necessary to comply with a law. As a general rule of thumb, do not upload material that can be construed as, copyrighted material, harassment, abuse, spam or illegal. If you do, your account might be subject to ban, your images might be deleted, and you might be prevented from viewing any images hosted on the ImageShack Network. You must own the content that you upload. Do not use Free ImageShack accounts for any commercial purpose, unless otherwise authorized by Imageshack in writing. If you intend to use your ImageShack account for any sort of business application you must purchase to one of the offered Subscription plans.
- "ImageShack" refers to the ImageShack Corporation and excludes its shareholders, owners, or operators.
- "ImageShack Network" refers to any website, product, or service owned and/or operated by the ImageShack Corporation.
- "Content" refers to any file that is shared, uploaded, or distributed through the ImageShack Network.
- "You", "Your" refers to the individual who uploads or has uploaded content to the ImageShack Network.
The content that you distribute through the ImageShack Network is owned by you, and you give ImageShack permission to display and distribute said content exclusively on the ImageShack Network.
You may revoke this permission at any time by removing it or by requesting your content to be removed. Such requests will be processed within a maximum period of 24 hours (but usually as short as one hour). You may request deletion and/or mark your content private through our sites' user interfaces, or by contacting ImageShack directly. After your request is processed, ImageShack will cease distribution of your content within a maximum period of 24 hours (but usually as short as one hour) and will absolve itself of any ownership of said content, implied or otherwise.
ImageShack will not sell or distribute your content to third parties or affiliates without your permission. Third parties may exercise the following options regarding your content:
- Third parties may hyperlink to the page that displays your content on the ImageShack Network without modification and with proper attribution to you.
- Third parties may request permission to use your content by contacting you directly.
All requests for permission regarding your content usage directed at ImageShack will be forwarded to you. All uploaded content is copyrighted to its respective owners. ImageShack directs full legal responsibility of said content to their respective owners. All content generated by ImageShack is copyrighted by ImageShack. ImageShack is not responsible for any uploaded content, nor is it in affiliation with any entities that may be represented in the uploaded content.
ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
ImageShack is protected under Title II of the Digital Millennium Copyright Act.
DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity.
The following types of content constitutes "abuse" and may not be uploaded or distributed through the ImageShack Network:
- Content that is illegal and/or violates any United States laws.
- Content that violates copyrights held on said content.
- Content intended to harass or threaten.
- Content used to promote, spam, or send unsolicited marketing messages.
Changing hotlinking/embed codes is strictly prohibited. Free ImageShack accounts are not allowed to link to direct links. Circumventing ImageShacks ability to enforces it's policies on free accounts and changing linking codes may result in deletion of your content and/or account.
Uploading abusive content may result in termination of your ability to use the ImageShack Network. The ImageShack Network may not load, any content hosted on the ImageShack Network may not load, and all abusive content will be subject to deletion. Circumventing ImageShack's ability to enforce the ImageShack Terms of Service will result in prosecution.
ImageShack reserves the right to remove any content, and may replace any content with a notice stating reason for removal. Any domain hotlinking to abusive content will have that content subject to removal or ban. To report any type of abuse, send an email using the Report Abuse/Request Deletion page.
LIMITATION OF LIABILITY
You agree that the use of the ImageShack Network is entirely at your own risk. The ImageShack Network is provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
ImageShack makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature on the ImageShack Network. In no event shall ImageShack be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the ImageShack Network or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
You agree to indemnify and hold ImageShack harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of your content or use of any other feature or service. This expressly includes:
- Your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
- Any defamatory or unlawful material contained within your content.
ImageShack may perform maintenance services as it determines reasonably necessary. You acknowledge that such maintenance may require downtime. ImageShack will attempt in good faith to provide prior notice of the maintenance downtime.
SUBSCRIPTION & PAYMENTS
If you purchase a subscription to any service provided by ImageShack, and no longer wish to keep it, you are entitled to a full refund of the first recurring charge within 30 days of said charge. If, after this time, you wish to cancel your subscription, you may do so at any time. Once canceled, you will no longer be billed.
You must subscribe to one of the offered Subscription plans if you intend to use ImageShack accounts for Business purpose. Use of Free ImageShack services for commercial applications is not permitted. Use of ImageShack service for business purpose including but not limited to promotion of services, products or using our service as an image hosting platform on your website, web blog, applications, etc.
If you have any questions regarding your use of ImageShack service, please contact our Support department.
If you purchase a subscription to any service provided by ImageShack, and no longer wish to keep it, you are entitled to a full refund of the first recurring charge within 30 days of said charge. If, after this time, you wish to cancel your subscription, you may do so at any time. Once canceled, you will no longer be billed. Cancelled subscriptions voids any authorized commercial use of ImageShack service.
Changing ImageShack linking codes is prohibited without prior permission.
You are responsible for maintaining the confidentiality of your account credentials and for taking reasonable measures to prevent others from gaining access to your accounts.
ImageShack Terms of Service are subject to change without notice.
No part of the ImageShack Network may be reproduced or recreated without explicit written permission. "ImageShack", "yfrog" are registered trademarks of ImageShack Corp. Any unauthorized use of said trademarks is a violation of state, federal and international trademark laws.