("iPhotoHost" or "we") operates iPhotoHost.com (the "Site"), which is a hosting and sharing service that allows Users to store images and other media as defined at the such time as support is added and share them across the internet. The iPhotoHost Services are hosted in the United Kingdom.
You are only authorized to access this Site or to use the iPhotoHost Services, including materials and services contained herein (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. If you do not agree to be bound by these rules and to follow all applicable laws, you should leave and discontinue use of the site immediately.
iPhotoHost may modify or amend these terms without notice at any time and such modification will be effective upon posting them by iPhotoHost or its Agents on the site. Your continued use of the site after we posts a revised version signifies your acceptance of the revised terms. It is therefore important that you review the terms regularly to ensure you are updated as to any changes.
iPhotoHost reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the site at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Use of the site is void where prohibited. By using the site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the site does not violate any applicable law or regulation in your locale.
Use of iPhotoHost is solely for your own personal use and benefit. You are limited to the file size, bandwidth, and storage limitations as determined by us. The iPhotoHost site is for the personal use of its users and may be used for promotional purposes as well as our discretion, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by us. We reserve the right to remove commercial content at our sole discretion. Illegal and/or unauthorized use of the site, including collecting data by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of/or linking to the site, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or Member profiles without notice or explanation and may result in termination of privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the site
iPhotoHost does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "data") that you post on or through the iPhotoHost Services. By displaying or publishing ("posting") any data on or through the site, you hereby grant to us and other selected parties a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such data, including without limitation distributing part or all of the site in any media formats through any media channels.
You represent and warrant that: (i) you own the data posted by you on or through the site or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your data on or through the site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your data on the site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of data you post on or through iPhotoHost.
iPhotoHost performs technical functions necessary to offer the site, including but not limited to transcoding and/or reformatting data to allow its use throughout the site.
Although the site is normally available, there will be occasions when the site will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control. Also, although we will normally only delete data that violates this Agreement, iPhotoHost reserves the right to delete any data for any reason, without prior notice. Deleted data may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your data. In other words, iPhotoHost is not a backup service. We will not be liable to you for any modification, suspension, or discontinuation of the site, or the loss of any data.
You must use the site in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of data that is illegal or prohibited to post on or through the sites. We reserve the right to investigate and take appropriate legal action against anyone who, in iPhotoHost's sole discretion, violates this provision, including without limitation, removing the offending data from the site.
Prohibited Content includes, but is not limited to, data that, in the sole discretion of iPhotoHost:
1, Underage nudity, pornography or anything of this nature. This rule is ALWAYS reported to the police.
2, is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3, harasses or advocates harassment of another person;
4, exploits people in a non consensual sexual or violent manner;
5 contains excessive violence, or offensive subject matter or contains a link to an unauthorised adult website;
6, solicits personal information;
7, constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8, constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
9, involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10, involves commercial activities and/or sales without prior written consent from iPhotoHost such as contests, sweepstakes, barter, advertising, or pyramid schemes;
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iPhotoHost'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE USE OF THE SITE.
You agree to indemnify and hold iPhotoHost, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site in violation of this form and/or arising from a breach of this agreement or breach of your representations and warranties set forth here and/or if any data that you post on or through the site causes us to be liable to another.
This is accepted upon your use of the site or any of the services and is further affirmed by you adding data to the site. The failure of iPhotoHost to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
We do allow uploading of adult content, We give body modification, Tattooing and piercing related material a wider berth than regular adult content. However We also do not allow pictures that depict illegal activies or subjects, this is essentially non-consentual violence, animals or under 18s. Those who upload illegal files will be blocked (by IP address) from using our service. Also websites allowing illegal files to be displayed will be blocked from using our service. Legal authorities may be contacted if the subject of the file is found to be obscenely illegal, this generally means child abuse.