Last Modified: July 16th, 2010
CONDUCT OF USERS
All registered users agree to act responsibly, and in an intelligent and mature manner. Obsessive Flaming, Harassment or Disparaging remarks to other users will not be tolerated.
In your use of the Site, you may not:
Infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; disrupt or interfere with the security or use of the Site; interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) ImgBurn, federal, state, or municipal government, or a political candidate; or create or use a false identity; attempt to obtain unauthorised access to the Site or portions of the Site that are restricted from general access; engage, directly or indirectly, in transmission of spam, chain letters, junk mail or any other type of unsolicited solicitation, except in those areas of the Site that are designated for solicitations; collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Site; use any meta tags or any other hidden text utilising ImgBurn's name, trademarks, or product names; advertise, offer to sell, or sell any goods or services, except as expressly permitted by ImgBurn; engage in any activity that interferes with any third party's ability to use or enjoy the Site; or assist any third party in engaging in any activity prohibited by these TOS.
Original materials posted by us are protected by intellectual property laws. Your use of this grants you a non-exclusive license to use the Site and its materials, but only during access of this site. Except as expressly provided, ALL RIGHTS RESERVED.
We recognise that you may want to use trademark, copyright information and other publicly available information belonging to us on this Site. We allow for such use and request that you adhere to the following guidelines:
1. No use of the ImgBurn Name, Trademark, and Logo. The ImgBurn Name, Trademark, and Logo design may not be used by a third party, unless upon receiving written consent from us.
2. Hosting and Redistribution of ImgBurn Software: ImgBurn Software may not be hosted or redistributed with ImgBurn's Name, Trademark or Logo unless upon receiving written consent from us.
3. Any websites or distribution methods owned, operated, or controlled by you shall not be used for sale or redistribution of ImgBurn products or materials. We permit use of our trademarks only for promotional, instructional or reference materials.
4. We will not acquire an ownership interest in the materials you post, input or submit to any web site and web site housed or displayed in the Network, but will acquire a non-exclusive license.
Located on the Site is a forum enabling discussion between registered users (the Forum). Due to the nature of the immediate ability for members to post comments, questions, and discuss matters of various content, it is impossible for us to prevent the posting of Obscene Content or Infringing Material. We may have volunteer moderators which respond to requests by users and or third parties to remove Obscene Content or Infringing Material. The volunteer moderators are under no obligation to perform these duties save there is a court order or legal notice from a court of law.
You are solely responsible for your interactions with other users of the Forum and any content that you post. We will not be liable for any damage or harm any content or your interactions with other users of the Forum. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Forum take any other action to restrict access to or the availability of any material another user of the Forum may consider to be obscene, lewd, lascivious, excessive, violent, harassing or otherwise objectionable (including, without limitation, because it violates these TOS).
You may not post, submit or transmit any content that: (i) is libellous, defamatory or slanderous; (ii) advocates the violent overthrow of the government of the United Kingdom; (iii) incites, encourages or threatens immediate physical harm against another; (iv) presents an immediate and genuine danger to another person or entity; or (v) violates any applicable law, regulation, or rule.
By posting, storing or transmitting any content on or to the Forum, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from , distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights, if any.
We enforce and seek to comply with the DMCA and its take down provisions. Any registered users who are designated by us as repeat infringers of the DMCA will be denied access to the Site in the future, in accordance with our DMCA Policy.
Registered Users are on notice that we do not allow the posting of obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable material (Obscene Content). We may take voluntary action in restricting access to or removing any material that includes Obscene Content.
In addition, we, at our sole and absolute discretion, may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of the Site has infringed your intellectual property rights, please notify our Copyright Agent, and provide the following information:
(a) A physical or electronic signature of the person authorised to act on behalf of the owner of the intellectual property right.
(b) An identification of the intellectual property claimed to have been infringed.
(c) A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
(d) Your address, telephone number, and email address.
(e) A statement by you that you have a good faith belief that the allegedly infringing use is not authorised by the intellectual property rights owner, its agent, or the law.
(f) A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorised to act on behalf of the owner of the intellectual property rights involved.
Our Copyright Agent can be reached at firstname.lastname@example.org
We may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act. You hereby authorise us to release information about you if required by law or subpoena without notice to you.
You will indemnify us and our agents, affiliates, and employees from any liability, loss, or expense (including but not limited to reasonable attorneys' fees and costs) resulting from any third-party claim or proceeding in which it is alleged that any content posted by You or the use thereof infringes or violates the intellectual property rights, privacy rights, publicity rights, or moral rights of another or is unlawful.
DISCLAIMER OF WARRANTIES
YOUR USE OF ANY AND ALL SOFTWARE PROVIDED BY US ON THE SITE IS WITHOUT WARRANTY, AND IN AN AS-IS CONDITION AND ON AN AS AVAILABLE BASIS. THERE IS NO ABILITY FOR US TO MONITOR TRANSMISSIONS, USERS, OR CONTENT WHICH MAY BE TRANSFERRED THROUGH USE OF THE SOFTWARE.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR SOFTWARE OR THEIR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
EXCLUSION OF DAMAGES
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS, THE SITE EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO US DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
We will not be liable for failing to perform under these TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labour disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to us to perform, fire, terrorism, natural disaster or war, or sheer laziness.