These terms and conditions (or the "Terms") between you and Dropyourimage apply to your access to, use of and participation in the Dropyourimage.com website, products and/or services (collectively, the "Services"). These Terms and Conditions do not in any way change terms or conditions of any other written agreement you may have with Dropyourimage. If you use the Services on behalf of an entity, you represent and warrant that you are authorized and agree to the Terms on behalf of that entity and you will be held responsible for any violation of the Terms. For completeness of purpose of these Terms and Conditions, "Dropyourimage" refers to both Dropyourimage, directors, managers, employees, agents, representatives and assigns.
In order to access certain areas and functions within the Services, you must create an account. You agree to: (a) provide accurate, true, current and complete information when creating an account; (b) maintain and promptly update your account; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) notify Dropyourimage immediately if you discover or otherwise suspect any breach of security related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
The service includes image processing, image analysis, image display, image caching, image routing, and image delivery (or, still, "the Service" or "Services"). You control the actions that Dropyourimage takes with regard to your photos. Dropyourimage is not an image storage or hosting service. To use the service, you need to upload your photos via our application to our TransIP server. You are responsible for what you upload. Dropyourimage offers limited storage capacity and is not obligated to keep your content forever. Our storage is limited to at least half a year or more. If an image is removed from your storage or hosting location, it can remain on Dropyourimage servers for a limited time. Dropyourimage strives for the highest quality and an end result based on the specification we deliver according to your order. No rights can be reserved to the result we deliver.
Intellectual property of you as a user. You retain all rights in images and other content that you upload to through our Services. Other than feedback (as defined below), including messages, materials, data, information, text, music, sound, photographs, videos, graphics, applications, code, or other items or materials (or, "user content"). Dropyourimage grants you a non-exclusive, revocable license to use, store, display, reproduce, re-post, modify, create derivative works (including through aggregation), perform user content solely in the context of providing the Services and for internal business purposes. Acceptable use. You will not (and will not allow or authorize others to) upload, transmit, distribute, store, create, acquire, disclose, or otherwise publish things through the Dropyourimage Services without the express prior written consent of Dropyourimage: User content that is unlawful, libelous, defamatory, obscene, pornographic, exploitative of children, or invasive of privacy or publicity right; User Content that is false, misleading or deceptive, including content that is confusingly similar to another product or application or misrepresents or falsely appears implies an association with another company; User Content that would constitute, encourage, or provide guidance for a criminal offense, or violate any law or regulation; User content that, in Dropyourimage's reasonable judgment, may expose Dropyourimage or others to harm or liability; User content that contains information or content that you do not have the right to make available under any law or under contractual or fiduciary relationships; User content that may violate a party's patent, trademark, trade secret, copyright, intellectual property, privacy, or other proprietary rights; Third party private information, including addresses, telephone numbers, and credit card information; or User content that contains viruses, corrupted data, Trojan horses, worms, time bombs, keyloggers, spyware, adware or other harmful, disruptive or destructive files. Rights and Obligations. Dropyourimage reserves the right, but not the obligation, to monitor user content and to block or remove access to any user who violates these Terms and Conditions. You are solely responsible for making backups and replacing user Content at your own expense. If you remove user Content from the Services, Dropyourimage may retain user Content for a commercially reasonable period of time for backup, archiving, or auditing purposes.
Intellectual property. Dropyourimage reserves all rights not expressly granted in these terms and conditions. Except for the license expressly granted in these conditions, you do not retain any rights in or to the Services by implication, exclusion or other legal provisions, and all rights in and to the Services not expressly granted in these conditions are hereby reserved and retained by Dropyourimage. Dropyourimage reserves all rights, title and interest in and to all information, materials and content (including text, images, data, formatting, graphics, designs, HTML, look and feel, photos, music, sounds, images, software, videos, designs, fonts, source and object code, format, queries, algorithms and other content). Dropyourimage's material is protected in all forms, media and technologies, already known or later developed. License. Provided that you comply with these conditions, Dropyourimage hereby grants you a non-exclusive, non-transferable, revocable license to access the Services, solely for the purpose of using the Services in the manner permitted by these Conditions. If, in Dropyourimage's sole discretion, Dropyourimage chooses to modify, upgrade or supplement the original Services, this license will be subject to a compatible upgrade or supplement, unless the relevant upgrade is accompanied by a separate license, in which case the terms of this new license will apply. Restrictions. You are solely responsible for your conduct (and the conduct of anyone using the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by Dropyourimage, you will not do anything, and will not allow any third party to do any of the following: copy, modify, hack, or reproduce the Services; distribute the Services or make the Services available over a network where automated devices interact with the Services at the same time; rent, lease, lend, sell or sublicense the Services; modify, export, translate, or create derivative works of the Services; remove, modify or obscure any copyright, trademark or other proprietary notices or labels on or in the Services; decompile, reverse engineer, disassemble, attempt to discover the source code, underlying ideas or algorithms of the Services or any part of the Services, except as required by applicable law; use the Services in a manner that disturbs, negatively affects or blocks other users of the Services, or damages, malfunctions, overloads, or impairs the functioning of the Services; stalking, harassing, intimidating, threatening, harassing, or causing inconvenience to other users of the Services; mimic or use the Services by misrepresenting your connection to any person or entity; use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or other activity that violates these Terms; or Infringe the rights of Dropyourimage or a third party. Infringement. Violation (or breach) of any of the foregoing restrictions, will immediately and automatically terminate your license to use the Services, and you will have violated Dropyourimage's rights, with the result that you may be subject to prosecution and damages.
Dropyourimage owns the exclusive rights, including all intellectual property rights, any feedback, suggestions, ideas or other information or materials relating to Dropyourimage or the Services provided, whether by e-mail, posting via the Dienten, or otherwise ("Feedback"). For the avoidance of doubt, feedback is not the user content that you upload for the sole purpose of using the Services. Any feedback you submit is non-confidential and the property of Dropyourimage. Dropyourimage has the unrestricted right to use and distribute such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights to the feedback (including all copyrights or moral rights). Do not send Dropyourimage feedback if you expect to remain the owner or claim the right to your feedback. Dropyourimage also has the right to disclose your identity to third parties when any form of violation of intellectual property rights or the right to privacy has been violated. Furthermore, you agree to any feedback that is defamatory, illegal, abusive or otherwise infringes any right of a third party, or violates any agreement between you and this third party.
Dropyourimage uses patented software to process and analyze images. When Dropyourimage processes an image for you, the software collects and analyzes the metadata of the image. Dropyourimage can collect this metadata to learn more about image processing and to help improve service. Dropyourimage also collects analysis data about images and processes. In this way, Dropyourimage can keep track of how often images have been consulted, data about the performance of the images, and other such technical information. Dropyourimage reserves all rights to collect the metadata and data analysis in the course of providing the Services.
Dropyourimage can display third party content through the Services or release information to third party products or services. Your interactions with such third parties, and any conditions, warranties or representations associated with such interactions, are solely between you and the applicable third parties. Dropyourimage is not responsible or liable for any loss or damage incurred as a result of any such interaction or as a result of the presence of any such third party information made available through the Services.
Dropyourimage name, trademarks, logos, and any other Dropyourimage products, names of the services, or slogan included in the Services are the property of Dropyourimage and may not be copied, imitated or used (in whole or in part) without prior written permission from Dropyourimage. The look and feel of the Services, including all custom graphics, icons and scripts constitute service marks or trademarks of Dropyourimage and may not be copied, imitated or used (in whole or in part) without Dropyourimage's prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners, and the use of such third party trademarks may cause harm to the owner. The use of such third party trademarks is intended to indicate interoperability and not an affiliation by Dropyourimage and its licensors with such company.
Copyright infringements. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Dropyourimage has a policy to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to have committed repeated infringements and/or violations. Dropyourimage may also, in its sole discretion, terminate access to the Services and the access of users who infringe on the intellectual property rights of others, regardless of whether there has been a repeat infringement.
Dropyourimage may review to improve, modify or discontinue (temporarily or permanently) the Services or any other features, information, materials or content related to the Services. If Dropyourimage makes a material change to the Services, Dropyourimage will inform you in advance, via e-mail or other communication channels, and we will give you the opportunity to terminate your use of the Services.
Dropyourimage reserves the right to suspend your license to access or use the Services at any time, either immediately by breaching the Terms or by giving 30 days notice to terminate your access to the Services. You can terminate your account with Dropyourimage at any time by deleting your account. You will no longer be able to access or use the Services after your termination or suspension. Dropyourimage makes reasonable efforts to remove your user content from the Services within 30 days after termination. However, you acknowledge that user content may be cached during this period. Dropyourimage reserves the right, but not the obligation, to take appropriate legal measures, including pursuing civil, criminal or injunctive redress against you as a continuation of the use of the Services during the suspension or after termination. Dropyourimage may authorize fees such as attorney fees and legal fees from you for the continuation of such actions. These Terms will continue to apply while your license to access or use the Services is suspended and after it is terminated. Except for your access to and use of the Service License, all terms, conditions and restrictions set forth in these Terms will survive termination.
Risks. Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis. Dropyourimage disclaims all liability, warranties and representations (express or implied, oral or written) with respect to these terms, the Services, Dropyourimage materials and trademarks, including those of third parties, or allegedly created by application of law, custom or use in commerce, course of events or otherwise, including any warranties of merchantability, fitness for a particular purpose. Warranties. To the fullest extent permitted by applicable law, Dropyourimage makes no warranty, and disclaims all liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Dropyourimage material, (b) any damage to your computer system, loss of data or other damage arising from your access to or use of the Service, any Dropyourimage material, or any user content; (c) the deletion of, or failure to store or transmit, any user content and other communications maintained by the Service, and (d) whether the Service meets your requirements or availability of the Service, on a secure or error-free basis. No advice or information, oral or written, obtained through Dropyourimage or through the Service, gives any warranty that is not expressly stated in these terms and conditions.
You will defend, indemnify and hold Dropyourimage harmless from and against any actual or threatened litigation, actions, proceedings (by law or in equity), claims, damages, payments, shortcomings, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees), costs, penalties, interest, and expenses) arising out of or in connection with your conduct or the conduct of any third party using your account in connection with the Services, including any user content or feedback, and the violation (or alleged violation) of these Terms or the rights of third parties by you or any third party using your account.
To the maximum extent permitted by applicable law, Dropyourimage shall not be liable to you or any third party for any incidental, special, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with these Terms, the Service, the Dropyourimage materials or trademarks of third parties, regardless of the cause, regardless of the theory of liability (contract, warranty, tort including negligence, whether active, passive or imputed, product liability, strict liability or other theory), even if Dropyourimage has been advised of the possibility of such damage. Under no circumstances will Dropyourimage's total liability exceed the amount paid by you to Dropyourimage in the last six months for the Service that gave rise to the claim.
The federal courts in Rotterdam, the Netherlands, will have exclusive jurisdiction over any lawsuit relating to the Services described in these Terms that is not subject to arbitration, and you and Dropyourimage hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Services shall be governed by, construed in accordance with and enforced under the laws of the Netherlands without giving effect to its conflict of law provisions.
Dropyourimage reserves the right to make changes or modifications to these Terms and Conditions from time to time and at its sole discretion. If Dropyourimage makes changes to these Terms and Conditions, Dropyourimage will notify you of such changes, for example by sending you an e-mail or by posting the changed Terms and Conditions via the Services and updating the last update date at the top of these Terms and Conditions. All modified Terms and Conditions will be immediately effective on the Services on the date they are posted, unless Dropyourimage states otherwise in its notice of the modified Terms and Conditions. Any modified Terms will apply prospectively to the use of the Services and will take effect after such changes. Your continued use of the Services after the effective date of such changes will indicate your acceptance of such changes. If you do not agree to the modified Terms, you must immediately discontinue use of the Services.
Completeness. These Conditions contain the full agreement, and supersede all prior and concurrent agreements between the parties with respect to the Services. These Terms and Conditions do not in any way change the terms or conditions of any other electronic or written agreement that you have with Dropyourimage for the Services or for any other Dropyourimage product or service. In the event of a conflict between these Terms and Conditions and any other agreement you have with Dropyourimage, the terms and conditions of this other agreement shall only apply if these terms and conditions are specifically identified and declared by this other agreement. Beneficiaries. Nothing in these Terms creates or can be construed as an employer/employee, joint venture or partnership relationship between you and Dropyourimage. Unless otherwise expressly described elsewhere in these Terms and Conditions, there will be no third party beneficiaries for these Terms and Conditions. Validity. Dropyourimage's failure or delay in exercising any right, power or privilege described in these Terms and Conditions shall not operate as a waiver thereof. If any provision of these Terms and Conditions is unlawful, invalid or otherwise unenforceable (including the disclaimer of warranty and limitation of liability set forth above), then that provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms and Conditions, and shall remain in full force and effect. Liability. Dropyourimage shall not be liable for any loss or damage resulting from any event beyond Dropyourimage's reasonable control, including, but not limited to, flooding, extraordinary weather conditions, earthquakes, an act of God, fire, war, insurrection, riot, labor dispute, accident, government action, communication, power failure, or equipment or software failure. Headings are descriptive. The headings in these Terms are solely and conveniently descriptive and may not be used to limit the Terms. As used in these Terms, "including" means "including (without limitation). Transfer. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of Dropyourimage. Dropyourimage may assign or transfer or all of its rights under these Terms, in whole or in part, without your consent or approval.
If you have any questions regarding the use of the Services, please email [email protected]