Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES.

These Terms of Use (or “Terms”) between you and Imageworkindia BV govern your access to, use of, and participation in Imageworkindia.com’s website, products, and services (collectively, the “Services”). These Terms do not change the terms or conditions of any other written agreement you may have with Imageworkindia BV. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf and that the entity agrees to be responsible to Imageworkindia BV if you violate these Terms.

For purposes of these Terms, “Imageworkindia” refers to Imageworkindia and Imageworkindia’s investors, directors, officers, employees, agents, representatives, and assigns.

1.The Service

The service may include Imageworkindia, image processing, image analysis, image rendering, image caching, image routing, and image delivery. You control the actions Imageworkindia takes with respect to your images, via the Imageworkindia’s web API or the Imageworkindia account page. Imageworkindia is not an image storage or hosting service. To use the service, you must upload your content to our Amazon Web Servers (AWS). You are responsible for what you upload. Imageworkindia provides limited storage and is not obliged to keep your content for ever. Our storage time is limited to at least half a year or longer. If an image is removed from your storage or hosting location, it may remain on Imageworkindia’s servers for a limited time.
Imageworkindia strives to deliver the highest quality and an end-result based on the specification on your order. No rights can be reserved on the output that we deliver.

2.User Content

Intellectual property of user  You retain all rights in images and other content that you upload to the Services, other than Feedback (as defined below), including messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, or other items or materials (“user content”).
License. You hereby grant Imageworkindia a non-exclusive, revocable license to store, display, reproduce, modify, create derivative works of (including through aggregation), perform the user content, solely in the course of providing the Services and for its internal business purposes.

Acceptable use  You will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Services any of the following without the express prior written consent of Imageworkindia:

• User content that is unlawful, libelous, defamatory, obscene, pornographic, exploitive of children, or invasive of privacy or publicity right;
• User content that is false, misleading or deceptive, including to content that appears confusingly similar to any other product or application or misrepresents or falsely implies an association with another company;
• User content that would constitute, encourage, or provide instructions for a criminal offense, or violate any law or regulation;
• User content that, in Imageworkindia’s reasonable judgment, may expose Imageworkindia or others to harm or liability;
• User content that contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• User content that may infringe the patent, trademark, trade secret, copyright, intellectual property, privacy, or other proprietary right of any party;
• Private information of any third parties, including addresses, phone numbers, and payment card information; or
• User content that includes viruses, corrupted data, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or other harmful, disruptive, or destructive files.

Rights and obligations  Imageworkindia reserves the right, but does not have the obligation, to monitor user content and to block access to any user content that violates these Terms or that Imageworkindia finds otherwise objectionable. You are solely responsible for creating backup copies of and replacing user content at your sole cost and expense. If you remove any user content from the Services, Imageworkindia may retain user content for a commercially reasonable period of time for backup, archival, or audit purposes.

3.ImageWorkIndia Material

Intellectual property  Imageworkindia reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Services by implication, estoppel, or other legal theory, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by Imageworkindia. Imageworkindia reserves all right, title, and interest to and in all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content) that is not user content (collectively ” Imageworkindia material”). Imageworkindia material is protected in all forms, media, and technologies now known or later developed.

License  On the condition that you comply with these Terms, Imageworkindia hereby grants you a non-exclusive, non-transferable, revocable license to access the Services (including any Imageworkindia material therein) solely for the purpose of enabling you to use the Service in the manner permitted by these Terms. If Imageworkindia, in its sole discretion, elects to provide any upgrade that replace or supplement the original Services, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions  You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by Imageworkindia, you will not do, and will not permit any third party to do, any of the following:

• copy, adapt, hack, of reproduce the Services;
• distribute the Services or make the Services available over a network where it could be used by multiple devices at the same time;
• rent, lease, lend, sell, or sublicense the Services;
• modify, port, translate, or create derivative works of the Services;
• remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the Services;
• decompile, reverse engineer, disassemble, attempt to derive the source code, underlying ideas, or algorithms of the Services or any part of the Services, except to the extent required by applicable law;
• use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit Imageworkindia’s other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services;
• stalk, intimidate, threaten, harass, or cause discomfort to other users of the Services;
• impersonate or use the Services by misrepresenting your affiliation with a person or entity;
• use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
• infringe or violate the rights of Imageworkindia or any third party.

Violation  If you violate (or are alleged to have violated) any of the foregoing restrictions, your license to use the Services will immediately and automatically terminate, and you may have infringed the rights of Imageworkindia, which may subject you to prosecution and damages.

4.Feedback

Imageworkindia will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding Imageworkindia or the Services that you provide, whether by email, posting through the Services, or otherwise (“feedback”). For the avoidance of doubt, feedback does not include any user content that you upload for the sole purpose of utilizing the Services. Any feedback you submit is non-confidential and will become the sole property of Imageworkindia. Imageworkindia will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the feedback (including any copyrights or moral rights). Do not send Imageworkindia feedback if you expect to be paid or want to continue to own or claim rights in your feedback. Imageworkindia also has the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. Further, you agree not to submit any feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.

5.Privacy

Please see Imageworkindia’s Privacy Policy for information about how Imageworkindia collects, uses, and discloses information about individuals who use the Services.

6.Changes to Services

Imageworkindia may review, improve, change, or discontinue (temporarily or permanently) the Services or any features, information, materials, or content on the Services. If Imageworkindia makes a material change to the Services, Imageworkindia will notify you in advance, via email or through other communications channels, and give you the opportunity to terminate your use of the Services.

7.Disclaimers

Risks  Your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. Imageworkindia disclaims all warranties and representations (express or implied, oral or written) with respect to these terms, the service, the Imageworkindia material, and third party trademarks, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement and condition of title.

Warranties  To the fullest extent permitted by applicable law, Imageworkindia does not warrant, and disclaims all liability for (a) the completeness, accuracy, availability, timeliness, security or reliability of the service or any Imageworkindia material; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the service, any Imageworkindia material, or any user content; (c) the deletion of, or the failure to store or to transmit, any user content and other communications maintained by the service; and (d) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Imageworkindia or through the service, will create any warranty not expressly made in these terms.

7.Questions

If you have any questions regarding the use of the Services, please email us at legal@Imageworkindia.com.