Terms Of Service

DEFINITIONS

* "imgMAX" refers to the imgMAX Corporation and excludes its shareholders, owners, or operators.

* "imgMAX Network" refers to any website, product, or service owned and/or operated by imgMAX.com

* "Content" refers to any file that is shared, uploaded, or distributed through the imgMAX Network.

* "You", "Your" refers to the individual who uploads or has uploaded content to the imgMAX Network.

CONTENT OWNERSHIP

The content that you distribute through the imgMAX Network is owned by you, and you give imgMAX permission to display and distribute said content exclusively on the imgMAX Network. You may revoke this permission at any time by removing it or by requesting your content to be removed. Such requests will be processed within a maximum period of 24 hours (but usually as short as one hour). You may request deletion and/or mark your content private through our sites' user interfaces, or by contacting imgMAX directly. After your request is processed, imgMAX will cease distribution of your content within a maximum period of 24 hours (but usually as short as one hour) and will absolve itself of any ownership of said content, implied or otherwise.

imgMAX will not sell or distribute your content to third parties or affiliates without your permission. Third parties may exercise the following options regarding your content:

* Third parties may hyperlink to the page that displays your content on the imgMAX Network without modification and with proper attribution to you.

* Third parties may request permission to use your content by contacting you directly.

All requests for permission regarding your content usage directed at imgMAX will be forwarded to you. All uploaded content is copyrighted to its respective owners. imgMAX directs full legal responsibility of said content to their respective owners. All content generated by imgMAX is copyrighted by ImageShack. imgMAX is not responsible for any uploaded content, nor is it in affiliation with any entities that may be represented in the uploaded content.

ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

imgMAX is protected under Title II of the Digital Millennium Copyright Act. DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counter notification provision that offers OSPs a safe harbor from liability to their users upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity.

ABUSE

The following types of content constitutes "abuse" and may not be uploaded or distributed through the imgMAX Network:

* Content that is illegal and/or violates any United States laws.

* Content that violates copyrights held on said content.

* Content intended to harass or threaten.

* Content used to promote, spam, or send unsolicited marketing messages.

Changing hotlinking/embed codes is strictly prohibited. Circumventing imgMAX ability to enforces it's policies on free accounts and changing linking codes may result in deletion of your content and/or account.

Uploading abusive content may result in termination of your ability to use the imgMAX Network. The imgMAX Network may not load, any content hosted on the imgMAX Network may not load, and all abusive content will be subject to deletion. Circumventing imgMAX's ability to enforce the imgMAX Terms of Service will result in prosecution.

imgMAX reserves the right to remove any content, and may replace any content with a notice stating reason for removal. Any domain hotlinking to abusive content will have that content subject to removal or ban.

LIMITATION OF LIABILITY

You agree that the use of the imgMAX Network is entirely at your own risk. The imgMAX Network is provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

imgMAX makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature on the ImageShack Network. In no event shall imgMAX be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the imgMAX Network or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

INDEMNITY

You agree to indemnify and hold imgMAX harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of your content or use of any other feature or service. This expressly includes:

* Your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.

* Any defamatory or unlawful material contained within your content.

MAINTENANCE

imgMAX may perform maintenance services as it determines reasonably necessary. You acknowledge that such maintenance may require downtime. imgMAX will attempt in good faith to provide prior notice of the maintenance downtime.