Please note that your use of our Site constitutes your Agreement to follow and be bound by these terms (the "Agreement"). Registration on ImageViper.com requires you to be at least 13 years of age and individuals are only allowed one free account per person.
ImageViper.com is a product of BLM Enterprises (WA, Australia); all references to imageviper.com within this document & our privacy policy also implies a reference to BLM Enterprises (WA, Australia).
Use of our Site & services
1. You will not:
Illegal activities. You agree not to use imageviper.com in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of imageviper.com to invade the privacy of third parties, impersonation of imageviper.com personnel or other parties or entities, or transmitting abusive, profane, libelous, slanderous, threatening or other harassing material; this also prohibits any links and/or directions to such material.
Trademark & copyright laws. Use of content that violates these laws is prohibited; any infringements filed against you will result in the offending content being removed until the matter is resolved. By no means is ImageViper.com obliged to become involved in any disputes between users of this site.
You agree not to use imageviper.com for any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable means, including but not limited to, the images you upload & any image descriptions used for any images in photo albums. Any images and/or image descriptions in violation of this are subject to deletion.
You agree not to upload any images containing any pornographic, nudity or any obsecne materials.
You agree not to attempt to upload anything other than images.
You agree not to share your account with anyone or give your account login details to anyone else.
You are expressly forbidden from attempting to defraud us in any way or attempt to hack any part of imageviper.com or gain access to any other users accounts. You are also forbidden from attempting other attacks on our service including but not limited to: DDOS attacks, planting viruses or trojan worms; or attempt anything that may have a negative affect on our service to other users or as a whole.
Liability for Breach. For each violation by you of this Section that inflicts imageviper.com financially or has the potential to damage our business in any way you agree to pay imageviper.com damages to compensate for the lost goodwill such a violation causes, but, where warranted, imageviper.com may waive all or part of the applicable charge. Payment by you under this Section shall not prevent imageviper.com from seeking to obtain other legal remedies against you, including other damages or an injunction.
2. ImageViper.com reserve the right to change the features for free accounts at our own discretion without notice.
3. You understand that any fees associated with accounts are non-refundable.
4. You understand that monthly subscriptions are for 30 days & 3-months subscriptions are for 90 days.
5. You understand that when you upgrade your account that you will receive no compensation for the time remaining on your current account.
6. You will take full responsibility for the contents of the images you upload & the descriptions created for images in photo albums & understand that @ the bottom of each photo album we may put very small text explaining that the photo album is provided by ImageViper.com.
Unlimited Bandwidth
With respect to our offer of unlimited bandwidth; we reserve the right to contact you to work out a resolution if you are using excess amounts of bandwidth such as more than 10x what the average user consumes on the same account as you are on. In the case that there are no other users on the same account as you, your usage will be compared against the average usage on the most closely related package.
Advertisements & related matter
Free Accounts: Advertising will appear at the top of all photo album pages which also includes the Image Viper header. ImageViper.com also reserves the right to add any additional advertisements to any part of ImageViper.com as we see fit.
ImageViper.com ads: If an account becomes inactive for any reason or is over their allotted bandwidth limit, ImageViper.com advertisement images may display in place of your images. This also applies for individuals who attempt to display images on non-allowed domains/URL's (via the use of "Domain Restrict).
Compliance with law
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
Privacy Policy
The information collected and used on the Site is governed by imageviper.com's Privacy Policy.
Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR SERVICES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify and hold imageviper.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Termination
This Agreement is effective unless and until terminated by either you or imageviper.com. You may terminate this Agreement at any time; imageviper.com also may terminate this Agreement at any time. ImageViper.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in imageviper.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or imageviper.com, you will lose access to all of imageviper.com & your account deleted including all your images & content & will receive no compensation whatsoever unless otherwise agreed to by both parties.
Governing Laws
You agree that this Agreement & your use of this Site will be governed by the laws of the state of Western Australia, Australia. You may also be subject to other local, state, national, and international laws. You expressly agree that any dispute and/or claim arising out of or in connection with your use of and/or inability to use the Site shall be submitted to individual arbitration without resort to litigation before any state or Federal Court, and that such arbitration shall be heard in the City of Perth, Western Australia, Australia.
Submission of ideas
You may submit ideas, feedback & suggestions to us but you understand that in doing so you give us full permission to use the suggestion/idea without any compensation to you whatsoever.
Miscellaneous
Whilst we will take all steps necessary to protect your data & personal information from unauthorized third parties, we will not be held responsible if it is obtained by any third party by use of but not limited to: hacking, viruses, trojan worms or any other related attacks or vulnerabilities.
We reserve the right to change these terms of use and/or our privacy policy, at which time you will be notified via email of the respective changes/modifications; if you do not agree with the new TOU and/or privacy policy then you will be required to respond to the email & ask us to terminate your account from our Site.
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