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TERMS OF SERVICE
 
 
 
By your use of this Web site, you agree to be bound by the following Terms of Use. XIMGx.com may revise these Terms of Use from time to time without prior notice and, by using this site after any revision of these Terms of Use, you agree to be bound by such changes. If you find these Terms of Use to be unacceptable, you must immediately terminate your use of this site. “XIMGx.com” ,its subsidiaries, and any of its affiliates, agents, contractors, or subcontractors, as the context may require. The “Service” or “Services” refers to the online service or services XIMGX.COM offers at the domain “XIMGx.com.” “User” or “Users” or “Member” refer to the end-user or users of the services that XIMGX.COM provides under these terms and conditions.
 
  1. General Terms And Condition
 

You may use the Service only for personal or commercial. We reserve the right to cancel any or all of the Service policies at any time.

The download of the whole or significant portions of any functionality of the Service or design and usage or our logo, or any part of the Service is strictly prohibited. Online or other republication of our content is also prohibited. Violation may result in immediate termination of membership and may result in legal action for injunction, damages, or both. Elements of the Service are protected by trade dress and other laws and may not be copied or imitated in whole or in part. XIMGx.com, the XIMGx.com logo and other XIMGX.COM products referenced herein are trademarks of XIMGx.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, images, graphics and symbols may be the trademarks of their respective owners

 
  2. Registration and Security
 

As part of the registration process, you will select a password and Member name (“Username”). You must provide XIMGX.COM with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; or (ii) use a name that we, in our sole discretion, deem offensive.

(a) You shall notify us by regular mail or by e-mail at support@xIMGx.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

(b) You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of XIMGX.COM, its owners or agents.

You must be 13 years or older to become a member of the Service and/or to use the Service.

You are responsible for all usage or activity on XIMGX.COM via your password. Distribution of your password for access to XIMGX.COM to others is expressly prohibited and shall constitute a breach of this agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

 
  3. Registered Users
 

If you become a Registered User / Member, you agree that membership in the Service is on a continuous service basis. This means that once you have become a Registered User or Member, your subscription will continue indefinitely. Should you wish to correct and/or remove your registered status, you must email us correct information submitted during your registration and which has changed and given the opportunity to “opt out” of your renewal. You may also fax your request to us at 1-215-689-0926 at least for the cancellation or changes to your registration information or status.

Membership status may be changed prospectively by xIMGx at any time and each renewal of your for additional services provided in the future will be at the then standard renewal cost for the period which you originally selected when you subscribed.

All such fees are nonrefundable prepayments for Services. As such, there are no refunds available.

 
  4. About Copyright - Important
 

XIMGX.COM claims no ownership rights in any image, music clip, or content uploaded to the Service by you. For the sole purpose of displaying your files to recipients designated by you, you grant to XIMGX.COM a non-exclusive, royalty-free license to copy and/or distribute these files through the Service.

YOU AGREE TO SUBMIT ONLY CONTENT or IMAGES, GRAPHICS OWNED BY YOU AND THAT WILL NOT VIOLATE THE PROPERTY OR OTHER RIGHTS OF OTHER PEOPLE OR ORGANIZATIONS. You hereby acknowledge that any content, including images, or images even if submitted to a site of which you are a member, belongs to the creator or author of the content you will not reproduce it using xIMGx.com’s services it without permission of the owner. (For example, you may not upload an image of yourself unless you have the permission of the photographer who took your picture – this is because, although you may have physical ownership of the print or graphic file, the copyright is owned by the person who created the image. Although you may own the rights to the sound recording, the “publishing” rights belong to the creator of the artist or original owner.)

In compliance with the Digital Millennium Copyright Act, signed into law on October 28, 1998, XIMGX.COM has a policy of terminating the accounts of users who are alleged to have infringed a copyright, and has appointed an agent for notification of claimed infringement with the U.S. Copyright Office. For further information, see our DMCA Policy. You can upload any type of image formats that is acceptable by us at xIMGx.com. You may share them with your friends or associates, websites, forums, blogs, websites or create image galleries, online albums. All images must be legal and you must have full ownership of those images. DO NOT upload any copyrighted images (if you do not own the copyright to the images, DO NOT upload them). We DO NOT accept any adult images of any kind including underage porn, image portraying violence, racial intolerance or images of hate groups or any other images not acceptable as legal images in USA, Asia, Africa or EU countries.

Your IP is being logged with all upload and if this Terms of Service is not followed, we can and will suspend and /or ban your IP or your usage rights to this service without warning at anytime.

We can also ban or suspend your account or access privileges for any other reason as we see fit or what deemed not to best fit into our business model including ( excessive bandwidth usage,...)

 
  5. Your Privacy
 

XIMGX.COM has a firm commitment to safeguarding your privacy. Please review XIMGx’s Privacy Policy. The terms of XIMGx’s Privacy Policy are considered part of, and are incorporated into, these Terms of Service.

 
 
  6. Acceptable Use
 

Content uploaded by users or Member’s Materials belong the responsibility of the upload or member. XIMGX.COM does not actively monitor a Member’s uploaded files material nor does XIMGX.COM exercise any editorial control over the content of any material that the Member uploads into XIMGx’s service. However, XIMGX.COM reserves the right to remove any and/or all of the Member’s material from XIMGx’s service that are, in XIMGx’s sole discretion, potentially illegal, a violation of trademark and/or copyright, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates the acceptable use policy stated below in this Agreement. Upon removal of the material, XIMGX.COM shall at its option notify Member of the removal of the materials, as well as the reason for removal. However we reserve the right not do so at our option. In no instance shall XIMGX.COM be liable for the removal of the materials. XIMGX.COM reserves the right to immediately terminate its service to Member for any flagrant or repeat violations of this Agreement with our without notice. Inactive members in XIMGX.COM may have their files removed if they there is no activity on the account or files within 14 months.

Non-Acceptable and Prohibited Uses of xIMGx.com services. Incidents and uses that may cause your account to be terminated include, but are not limited to:

Uploading or transmission of any Trojans, worms, viruses or any code of a destructive or spying nature
 
Uploading of transmission of any file or content that harm minors in any way, including any form of child pornography.
 
Uploading or transmission of any file or content that spreads messages of terror or depicts torture or death-images.
Uploading or transmission of files intended to threaten or harass any individual or organization.
 
Using the Service for any purpose other than which it is intended.
 
Using the Service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM).
 
Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way.
 
Uploading any programs that may cause a disruption to the Service.
 
Untimely payment of any and all amounts due.
 
Any action that violates the laws of applicable local, state, federal or international governmental bodies.
 
Sharing the account with anyone or re-selling the Service without express written permission from xIMGx.
 
Exceeding the megabyte allowance for a particular class of membership.
 
6.3 xIMGx will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. XIMGX.COM reserves the right to monitor or view material uploaded by Member onto xIMGx’s service at any time for the purpose of ensuring compliance with this Agreement.
 
  7. xIMGx.com Liability
 

In no event will xIMGx.com, its employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, xIMGx.com successors and/or assigns be liable to any party for any direct, indirect, consequential, incidental, special or other indirect (including without limitation, cost of cover) arising out of or in connection with this agreement or any services, content or other materials provided or available hereunder, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arose in contract, tort (including negligence), strict liability or other legal basis.

 
  8. Disclaimer Of Warranty And limitation Of Liability
 

This site and all services provided by xIMGx.com are provided "as is" with no warranties whatsoever. all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. to the fullest extent permitted by law, xIMGx.com disclaims any warranties for the security, reliability, timeliness, and performance of its services. if you are dissatisfied with any portion of this web service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service.

 
  9. Miscellaneous
 

Taxes. In the event that they are applicable, Member shall be solely responsible for the payment of all sales, use and similar taxes relating to their use of xIMGx’s services.

Governing Law. The laws of the State of Pennsylvania, USA shall govern the validity, construction and performance of this Agreement.

Amendment of Agreement. xIMGx.com may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at XIMGx’s web site at this location or at any other location designated at said site.

 
 
 
 
 

       



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