Terms of Service
By accessing or using https://imgsrvr.net/ (“Site”) in any way you agree to and are bound by this Terms of Service (“TOS”).
Site is owned and operated by IMG SRVR, LLC (“IMG SRVR”). IMG SRVR reserves the right to change the TOS and other guidelines or rules from time to time at its sole discretion. Your Service of the Site will be subject to the most current version of the TOS, rules and guidelines on the Site. Your continued use of the Site, or any Materials or Services accessible through it, will constitute acceptance of the modified Terms. If you breach any of the terms in this TOS, your license to use this Site is immediately terminated.
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License
- IMG SRVR grants User a limited non-exclusive, non-transferable license to use the Site for the sole purpose of User’s personal or commercial use.
- User may not attempt to alter the source code of the Site or make any attempt at reverse engineering.
- User must abide by all United States and international intellectual property laws, including but not limited to patent, copyright, trademark, and trade secret, when using the Site or any related sites or services. User may not infringe on the intellectual property rights of IMG SRVR or other authors whose works are available through the Site or the related sites or services.
- Any improvements or modifications made by user to the Site, Services, or any IMG SRVR product or service are assigned to IMG SRVR without any further consideration beyond the license granted in §1.1. Under no circumstance may User be entitled to, or receive, any intellectual property rights beyond the limited license granted in §1.1.
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User Account and User Names
- IMG SRVR may ask for details about User in order to ensure proper use of the Services. This may include User’s first and last name, company title, e-mail address, and phone number. IMG SRVR reserves the right to alter the personal details required for use of the Services at any time. User agrees to provide IMG SRVR with accurate information when signing up to use the service.
- User must be 13 years or older to access the Site and create an account. User represents and warrants that they are 13 years of age or older.
- User will receive a temporary password upon signing up for an account. IMG SRVR strongly recommends that User change their password and follow the instructions sent via e-mail.
- IMG SRVR strongly recommends that User visits https://support.imgsrvr.net to learn more about how to properly use the Site and review the features the Site has available. User may also visit https://imgsrvr.net.
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Use of Services
- User is solely responsible for ensuring the security of their login information and password. User must notify IMG SRVR of any unauthorized use of their account or account information.
- User hereby represents and warrants that all images and other forms of content uploaded to IMG SRVR does not infringe on the intellectual property rights of any third party. User fully indemnifies and holds harmless IMG SRVR for any intellectual property action which may arise out of use the Site, Services, or this TOS. User assumes all risk and is solely responsible for any and all liability resulting from access to the Site or Services in a way that violates (or that produces content that violates) any law or the rights of others including, but not limited to, laws concerning copyright infringement. User further agrees to notify IMG SRVR of any infringement occurring on the Site via e-mail at hello@imgsrvr.net.
- User agrees and acknowledges that IMG SRVR may collect and use technical data and related information, including but not limited to technical information about Your device, system and Site software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services related to the Site. IMG SRVR may use this information, as long as it is in a form that does not personally identify User, to improve its products or to provide services or technologies to User.
- User agrees not to modify, adapt or translate any code on the Site. User further agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site. User further agrees not to upload any viruses or malicious code.
- User agrees not to use the Site to harass or spam other users with unwanted messages or other unsolicited content.
- User may not use automated tools such as spiders, scrapers, or any type of bot on the Site or Services. User may not use any tool, program, or other means which may place a heavy load on the Site's server or infrastructure. IMG SRVR in its sole discretion will determine what constitutes a heavy load on its servers, Site, or infrastructure.
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Listings
- User may not use their account for any illegal purpose. Furthermore, IMG SRVR will comply with any subpoena or court order pertaining to the Site's Users.
- User may not post links, images, or any other content that may be infringe on the intellectual property rights of a third party. Please contact us at hello@imgsrvr.net to notify us of any infringing content and we will remove it immediately.
- User may not post links, images, or any other content that target, harass, or denigrate other Users or any third party or that contains any sexually explicit content, obscenity, or any other content which is inappropriate as determined by IMG SRVR. Please contact us at hello@imgsrvr.net to notify us of any content that may violate this Section.
- User will receive a free 30-day trial. Upon completion of the 30-day trial, User will be prompted to pay a monthly or annual service fee for a subscription to Site. Terms and subscription charges may change at any time.
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Term and Termination
- This TOS will remain in effect for as long as User continues to access the Site or use the Services contained therein. IMG SRVR reserves the right to terminate immediately upon User’s breach of any term in this TOS. Nothing in this TOS limits any rights or remedies available to IMG SRVR. User wishing to delete their account should visit
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Warranties
- Except as expressly provided otherwise in a written TOS between User and IMG SRVR or User and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. User assumes all risks associated with use of these services. In no event, including, without limitation, negligence, shall IMG SRVR, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not IMG SRVR has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use the Site, Services, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site. IMG SRVR is not responsible for any loss User may incur through misuse of the Services or failure to abide by the terms in this TOS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL IMG SRVR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IMG SRVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event will IMG SRVR's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
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Miscellaneous
- User will indemnify, defend and hold IMG SRVR, its Affiliates, current and former directors, members, officers, employees, contractors, stockholders, agents and representatives harmless against all claims, suits, demands, allegations, investigations or other actions and any damages, fines, costs, losses, fees, settlements arising therefrom (“Claim(s)”) relating to any breach of this TOS by User, any illegal activity involving the Site by User, or opening any file accessible through the site.
- Except as specifically noted otherwise, all costs and expenses incurred in connection with this TOS and the use of the Site contemplated hereby will be paid by User.
- This TOS shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
- If any term or provision of this TOS is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this TOS or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, this TOS will be modified so as to reflect the original intent of the parties as closely as possible.
- This TOS shall be governed by and construed in accordance with the internal laws of Michigan without giving effect to any choice or conflict of law provision or rule (whether of Michigan or any other jurisdiction). Any legal suit, action or proceeding arising out of or based upon this TOS must be instituted in the courts of Wayne County, Michigan, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.