You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and hotIMG with respect to your use of the Site and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same. You understand and agree that hotIMG is not responsible or liable in any manner whatsoever for your inability to use the Site and/or Services.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to Affiliate Payment (as defined below) provisions associated with the Affiliate program shall not apply to any amounts earned prior to the applicable amendment or modification (“Affiliate Payment Provisions”). The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or amounts earned prior to the amendment or modification of Affiliate Payment Provisions, which shall be governed by the Dispute Resolution Provisions and/or Affiliate Payment Provisions then in effect at the time of the subject dispute or earned payments, as applicable). Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that hotIMG is not responsible or liable in any manner whatsoever for your inability to use the Site, become a User or use the Services.
The Site and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
The Unregistered Services are available without registration. In order to obtain the Registered Services, you must first submit the applicable application form ("Application") to hotIMG for review and initial approval. hotIMG reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to obtain Free Services may include, without limitation: (a) your e-mail address; (b) only where you request FacebookR Connection Services, your FacebookR (as defined below) account ID; (c) only where you choose to participate in the Affiliate program, your PayPalR (as defined below) account information; and (d) any other information requested by us on the Application (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. hotIMG will verify and approve all Applications in accordance with its standard verification procedures.
For purposes of the Agreement, "Facebook" shall mean Facebook Inc. Please be advised that hotIMG is not in any way affiliated with Facebook, and the Site and Services are neither endorsed, nor sponsored, by Facebook. FacebookR is a registered trademark of Facebook Inc.
For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that hotIMG is not in any way affiliated with PayPal, and the Site and Services are neither endorsed, nor sponsored, by PayPal. PayPalR is a registered trademark of PayPal, Inc.
If hotIMG approves your Application to become a Free Registered User, you can set up your account ("Service Account") by selecting your: (i) user name; and (ii) password. You can access your Service Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Service Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Service Account, user name and password.
hotIMG may reject your Application and/or terminate your Service Account at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where hotIMG believes that you are in any way in breach of the Agreement; and (b) where hotIMG believes that you are, at any time, conducting any unauthorized commercial activity by and through the Site and/or Services.
Site users that possess the requisite technology shall have the opportunity to:
(a) utilize the "Unregistered Services" in order to: (i) upload a certain limited number of small size image files ("User Image Content"), with such number not to exceed ten (10) during any single upload, to the Site; and (ii) utilize limited storage capacity for User Image Content. User Image Content uploaded by Unregistered Users will remain anonymous, and not be identified as uploaded by any particular User. User Image Content uploaded by Unregistered Users that has not been accessed or viewed for a period of one hundred and twenty (120) days will be deleted from the Site; and (b) upon submitting an Application to become a Free Registered User and receiving hotIMG's approval, utilize the "Registered Services" in order to: (i) upload larger User Image Content files to the Site, up to twenty (20) during any single upload, as well as Uniform Resource Locators (“User URLs” and together with the User Image Content, the “User Content”) to third party websites where the Free Registered User has authorization and access ("Third Party Sites"); (ii) via the Site's functionality, generate transferable User URLs; (iii) utilize the “Watermark” and “Album” functionality; (iv) use the Site's "File Manager" functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the User Content; (v) upon such Free Registered User's request, distribute certain User Content through such Free Registered User's FacebookR account or other available social media and social networking websites and/or platforms ("Social Networking Connect Services"); and (vi) participate in the Affiliate program described in Section 10 below. User Content uploaded by Free Registered Users will be identified as uploaded by the applicable Free Registered User; provided, however, that the Free Registered User may designate any User Content uploaded by that Free Registered User as private. User Content uploaded by Free Registered User that has not been accessed or viewed for a period of three hundred and sixty-five (365) days will be deleted from the Site. (c) Items (a) through (b) in the preceding sentence, including the Social Networking Connect Services, Watermark, Album and File Manager features, shall be referred to herein collectively as the "Services." Certain aspects of the various Services are more fully described below.
YOU MAY NOT USE THE SITE AND/OR SERVICES TO DOWNLOAD OR DISPLAY ANY OBSCENE, PORNOGRAPHIC, SEXUALLY EXPLICIT OR OTHERWISE PRURIENT IMAGES OR PHOTOGRAPHS.
hotIMG will not be liable in any respect for lost, stolen or misdirected User Content, for any failure to secure or protect User Content and/or for failure to use the File Manager, Watermark, Album or Social Networking Connect Services features properly. You should keep copies of all User Content submitted to the Site. You understand and agree that hotIMG is not responsible or liable in any manner whatsoever for your inability to utilize the Services.
Your account might be banned or suspended without any notifications if you are (i) sending any spam links or emails; (ii) posting offensive or copyrighted content; (iii) generating traffics by using hidden frames; (iv) generating fake traffics by using any auto-surf or auto-click software / website / robot or via traffic exchange / PTC websites and (v) compelling people to click on image or image URL.
As a User, you agree that you are solely responsible for the User Image Content uploaded by you to the Site, and for any and all subsequent uses of the User URLs. If you post User Content to the Site, you represent and warrant that you have all necessary ownership or other rights in and to the User Content, as applicable, enabling you to upload the User Image Content to the Site, generate a User URL and display the User URL and associated User Image Content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations. In connection with the User Content, and your performance under the Agreement, you agree not to: (a) display any User Content that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (b) display any User Content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) display any telephone numbers, street addresses, last names, User URLs, e-mail addresses or any confidential information of any third person; (d) display any images containing confidential information without prior authorization; (e) display any images that may be deemed obscene in your community, as defined under applicable law; (f) express or imply that any statements you make are endorsed by hotIMG, without our specific prior written consent; (g) interfere with or disrupt the Services, Site and/or the servers and/or networks connected to same; (h) post, offer for download, e-mail or otherwise transmit 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; (i) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (j) "frame" or "mirror" any part of the Site and/or Services without our prior written authorization; (k) display any User Content that could be considered exploitative of children in any way, whatsoever; and/or (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or Services or any software used on or for same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Service Account and/or access to the Services without notice, in the sole discretion of hotIMG. hotIMG reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct. Without limiting the foregoing, hotIMG reserves the right to report any User Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.
Notwithstanding the foregoing, hotIMG undertakes no responsibility to monitor or otherwise police the User Content made available by Users. hotIMG operates the Site and Services as a neutral party, and hotIMG does not regularly monitor, regulate or police the use of the Site and/or Services by any of its Users. The use of the Site and/or Services by a User or otherwise does not constitute an endorsement by hotIMG of that User. hotIMG is not responsible or liable for the acts, omissions, agreements, promises, content, User Content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any User or other third party.
You may cancel your Service Account at any time if you are not completely satisfied. To cancel your Service Account, simply cease using the Site and applicable Services. You understand and agree that cancellation of your Service Account and/or ceasing to use the Services and Site is your sole right and remedy with respect to any dispute with hotIMG.
As a Free Registered User, you may refer additional Free Registered Users (each, a "Referral") to hotIMG. Where such Referrals submit Applications to become Free Registered Users, and where hotIMG accepts the application of the applicable Referrals ("Successful Referral"), the referring Free Registered User shall receive certain bonus payments from hotIMG ("Affiliate Payments"). For details regarding the Affiliate Payments, please Click Here. The Affiliate Payments shall only be available to Free Registered User whose Service Accounts are in good standing. All determinations regarding Referrals and associated Affiliate Payments shall be made by hotIMG in its sole discretion. You understand and agree that hotIMG is not responsible or liable in any manner whatsoever for your inability to qualify for Affiliate Payments.
As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the User Content, Site, Services and associated content (collectively, "hotIMG Content"). hotIMG may terminate this license at any time for any reason. Unless you possess the necessary ownership rights to the applicable User Content, otherwise expressly authorized by hotIMG, you may only use the Site and the hotIMG Content for your own personal, non-commercial use. No part of the hotIMG Content (other than the User Content that you have right and title to), may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect hotIMG Content except as expressly permitted by hotIMG . You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer hotIMG Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the hotIMG Content (other than the User Content that you have right and title to). You may not use the hotIMG Content (other than the User Content that you have right and title to) in conjunction with any other third-party content. You may not exploit any aspect of the hotIMG Content (other than the User Content that you have right and title to) for any commercial purposes not expressly permitted by hotIMG. You further agree to indemnify and hold harmless hotIMG for your failure to comply with this Section 11. hotIMG reserves any rights not explicitly granted in the Agreement.
The hotIMG Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the hotIMG Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the hotIMG Content (other than the User Content that you have right and title to) is strictly prohibited. You do not acquire ownership rights to any hotIMG Content or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.
Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, hotIMG reserves the right to terminate the Service Account of any User who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to hotIMG and later confirmation through court order or an admission by the applicable User that a Service Account has been an instrument of unlawful infringement, hotIMG reserves the right to terminate the infringing User’s Service Account and access to the Site and/or Services. hotIMG may also, in its sole discretion, decide to terminate a User's Site and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), hotIMG has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. hotIMG respects the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, or otherwise, please contact hotIMG the form here: http://www.hotimg.com/dmca.php
Any attempt by any individual, whether or not a hotIMG User, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and hotIMG will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
User hereby represents and warrants to hotIMG that: (a) the Agreement constitutes User's legal, valid and binding obligation which is fully enforceable against User in accordance with its terms; (b) the execution, delivery and performance by User of the Agreement, as well as the User Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which User is subject; (ii) any order, judgment or decree applicable to User; or (iii) any agreement or other instrument applicable to User; (c) User 's performance under the Agreement, the User Content and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) User will be solely responsible for the User Content and any use thereof.
User agrees to indemnify and hold hotIMG, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) User’s use of the Site and/or Services in any way; (b) User’s breach of the Agreement; (c) the User Content; and/or (d) User’s violation of any rights of another individual and/or entity. The provisions of this Section 16 are for the benefit of hotIMG, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THE SITE, SERVICES, USER CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HOTIMG MAKES NO WARRANTY THAT THE SITE, SERVICES, USER CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, USER CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HOTIMG WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES AND/OR USER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOTIMG OR OTHERWISE THROUGH OR FROM THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOTIMG SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOTIMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, USER CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, USER CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE HOTIMG FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF HOTIMG TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, USER CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR HOTIMG MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HOTIMG. ACCESS TO THE SITE, SERVICES, USER CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS HOTIMG'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Site, User Content and/or Services contain links to other websites on the Internet that are owned and operated by third parties. hotIMG does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by hotIMG of the applicable website or any association with the website's operators. Because hotIMG has no control over such websites and resources, you agree that hotIMG is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that hotIMG shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
We reserve the right in our sole discretion to edit and/or delete any User Content, documents, information or other material appearing on the Site.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, Services, User Content and/or terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against hotIMG and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that hotIMG incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
If you have any questions about the Agreement or about the practices of hotIMG, please feel free to contact us by Clicking Here.