Terms Of Service

Acceptance of Terms

The web pages available at NiftyImages.com and all linked pages (“Site”), are owned and operated by NiftyImages, Inc. (“NiftyImages”) is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service

The Site is an online image hosting site which enables users to host, modify and serve images. Services include, but are not limited to, any service and/or content NiftyImages makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, messages, information, data, graphics, photographs, images, illustrations, and software.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of NiftyImages. NiftyImages reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. NiftyImages may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all content posted on the Site.

Registration

As a condition to using Services, you are required to open an account with NiftyImages and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your NiftyImages account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your NiftyImages account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

User Conduct

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you and not NiftyImages are entirely responsible for all Content that you upload, modify, serve, or otherwise submit to the Site. NiftyImages does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by NiftyImages. By way of example, and not as a limitation, you agree not to use the Services:

  • To abuse, harass, threaten, impersonate or intimidate any person;
  • To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  • To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any NiftyImages user;
  • To post copyrighted Content which doesn’t belong to you.
  • You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  • To sell or otherwise transfer your profile.
  • To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to NiftyImages at email: help@NiftyImages.com.
  • You are solely responsible for your interactions with other users of the Site. NiftyImages reserves the right, but has no obligation, to monitor disputes between you and other users.

Content Submitted Or Made Available For Inclusion On The Service

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting NiftyImages a worldwide, Nonexclusive license to use the content and are representing and warranting to NiftyImages That the content is owned or duly licensed by you, and that NiftyImages is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.

In consideration of NiftyImages’s agreement to allow you to access the site and it’s features, you agree with NiftyImages as follows:

You acknowledge that:

  • By uploading your photographic or graphic works to NiftyImages you retain full rights to those works that you had prior to uploading.
  • By posting Content to the Site you hereby grant to NiftyImages a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site.
  • The license granted to NiftyImages includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to NiftyImages by you;


Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

  • You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
  • You have the full and complete right to enter into this agreement and to grant to NiftyImages the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by NiftyImages of the Content as contemplated herein;
  • The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
  • You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against NiftyImages, all of which such rights are hereby expressly and irrevocably waived by you in favor of NiftyImages.

Termination

NiftyImages may terminate your account at any time for any reason or no reason. All Images remaining in your account will be removed by NiftyImages upon termination of your account.

Copyright Complaints

NiftyImages respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. NiftyImages will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Links

The Services may provide, or third parties may provide, distributed images including links to other World Wide Web sites or resources. Because NiftyImages has no control over such sites and resources, you acknowledge and agree that NiftyImages is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that NiftyImages shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge NiftyImages, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless NiftyImages, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or NiftyImages Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.

Limitation Of Liability

In no event shall NiftyImages be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Trademarks

NiftyImages, NiftyImages.com and other NiftyImages graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of NiftyImages. NiftyImages’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NiftyImages. The images and icons available in the NiftyImages icon pack may use by partners and third party sites in connection with providing appropriate links to the NiftyImages Site.

Termination

NiftyImages may terminate or suspend any and all Services and/or your NiftyImages account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your NiftyImages account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account NiftyImages will automatically remove all Content posted to your account.

Change

NiftyImages reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, NiftyImages will not notify you. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind NiftyImages in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. NiftyImages shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NiftyImages’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. NiftyImages may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Sacramento, as if made within Sacramento between two residents thereof, and the parties submit to the exclusive jurisdiction of Sacramento courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.