"Our website", "We" or "Photo Backup") refers to our website "imagupload.co.uk"
"You", "Your" or "Guest" refers to:
- "Guest" - An anonymous person using our website Photo Backup without registration,
- "You" and "Your" - A person who has registered an account with us on Photo Backup (photobackup.co.uk) where your anonymous username and email address details are listed on our website.
By using our website, you have consented to these terms and have become contractually bound to them, whether such person is identified or not at the time.
We may revise these terms from time to time without notice. Any changes apply as of the time they are posted. Photo Backup is not meant for use by children under age 13; if your child is younger than 13 please allow him or her to use it only under your supervision.
Do not upload images or anything which may depict:
- Illegal content such as child porn, child abuse or anything similar
- Porn, Erotica or any obscene images, non-consensual revenge porn,
- Incite hate (i.e. demeaning race, gender, age, religious or sexual orientation, etc.)
- Threatening, harassing, defamatory, or that encourages violence,
- Criminal Activity,
- Fraud, Phishing,
- People trafficking,
- Stalking and Harassment,
- Impersonate someone else,
- Copyright infringement, patent infringement, trademark infringement or any content you do not own the rites for,
- Abuse of animals,
- Personal information of others
- Hotlink to adult content or to file-sharing, gambling, torrent, warez, websites,
- Use our website to host image libraries you link to from other sites or content for your website, advertising, avatars, or anything else that turns us into your content delivery network.
- Do anything illegal, in addition to any other legal rights we may have.
We will ban you along with the site you're hotlinking from, delete all your images and report you to the relevant authorities if necessary. We will block and prevent you from viewing any images hosted on our website./
If you see anything which violates our policies and terms and conditions then please report them to us as soon as possible via our contact us page.
By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant us Photo Backup a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to us at Photo Backup pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Photo Backup has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
Use of our website - Photo Backup
By downloading an image from our websites and servers or by copying other user-generated content (UGC) from our websites; Photo Backup, you agree that you do not claim any rights to any of the images you upload onto our servers. The following conditions apply:
- You may use UGC for personal, non-commercial purposes.
- You may use UGC for anything that qualifies as fair use under copyright law, for example journalism (news, comment, criticism, etc.), but please include an attribute ("photobackup.co.uk" or "courtesy of photobackup.co.uk") next to where it is displayed.
- You may not use UGC for non-journalistic commercial purposes.
- Your use of UGC is at your own risk. Photo Backup MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold Photo Backup harmless from any copyright infringement claims arising out of your use of the UGC.
- You may not copy or use any portions of our site that are not UGC except within the limits of fair use.
NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT)
If you see anything on our site that you believe infringes your copyright rights, notify us straight away by completing the contact form with the following information:
- Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT: you must have a registered copyright for the work, or at least have filed with your local Copyright Office. DMCA notifications based on unregistered works are not valid.
- Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material.
- A statement that you have in good faith belief that the use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
- Your physical or electronic signature, or of someone authorized to act on your behalf.
- Instructions on how we may contact you: preferably email, but also address and phone must be provided.
- For a DMCA takedown notice to be valid you must ensure the image you claim to have infringed your copyright is registered with your local Copyright Office as a high percentage of DMCA takedown notices are not valid. It will speed our investigation of your DMCA notice if you attach to it a copy of your copyright registration, or registration application, for the work and also the original piece of work you feel that has infringed your rights.
Please use the same procedure for any claimed trademark violations or other infringements. We are under no obligation to notify you regarding the removal of any images. We reserve the right to refuse to remove any material that in our view which constitutes fair use. If we identify you as a "repeat infringer," we will block, ban or remove your images and terminate any accounts you have with us.
Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.
Although of course we strive to make our website as dependable as possible, Photo Backup's services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, images on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion.
Photo Backup DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER Photo Backup TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, Photo Backup HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. Photo Backup DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON photobackup.CO.UK THAT IS NOT PRODUCED BY Photo Backup, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.
Photo Backup WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, Photo Backup's SERVICES, EVEN IF Photo Backup HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF Photo Backup's SERVICES MAY BE BROUGHT.
YOU WILL INDEMNIFY AND HOLD Photo Backup AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.