Terms Of Service

Last Revised: July 1, 2015

This document, our Terms of Service ("Terms"), cover your use and access to our website, API, Imaging CDN or CBIR storage (collectively, the Services).


Modifications

We may change this Terms from time to time. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Terms to stay informed about your rights. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.


Your Responsibilities

You're responsible for your conduct, you must comply with our Acceptable Use Policy.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.

Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.


Content

For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

By submitting any User Content to the Website, excluding privately transmitted User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access any of your User Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. By submitting any User Content to the Services other than on the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services. For clarity, the foregoing licenses granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.


Copyright

We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy.


Fees

Billing

You can contract or upgrade an Imagning CDN plan, CBIR storage and/or add paid features to your account ("Services"). We'll automatically bill you every contracted service each periodic monthly renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.

Downgrades

You can downgrade any of the Services at any time. Downgrade could be inmediately or could be delayed to next periodic monthly renewal.

No Refunds (Refund Policy)

You can cancel or downgrade any of your Services at any time but you won't be issued any refund neither complete nor partial even if the Services are downgraded or cancelled inmediately unless it's legally required.

Expiring ICDN bandwidth

ICDN Bandwidth does not roll over and expires at the end of every monthly charging period.

Unpaid Services

If you don't pay for a service on time, we reserve the right to suspend it. At this time, ICDN will work watermarking the images. CBIR storage will be automatically removed.

Changes

We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.


Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, IMAGENII.COM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR IMAGENII.COM'S OR ITS AFFILIATES' FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:

(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THIS WILL BE REGARDLESS OF WHETHER OR NOT IMAGENII.COM OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


Contact Us

If you have any questions about this Terms, please contact us at support@imagenii.com or:

imagenii.com
Avda Ramon y Cajal N32 1B
Fuengirola 29640 Spain

Spain +34 952 575 397

Privacy Policy

Last Revised: July 1, 2015

imagenii.com is committed to your privacy. This document, our Privacy Policy ("Policy"), governs our collection, storage, sharing, and use of your data.

This Privacy Policy explains how information about you is collected, used and disclosed by Linos S.L. and its subsidiaries and affiliated companies ("imagenii.com"). This Privacy Policy applies to information we collect when you use our website, API, Imaging CDN or CBIR storage (collectively, the Services) or when you otherwise interact with us.


Modifications

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.


Collection of Information

Information You Provide Us

We collect information you provide directly to us. For example, we collect information when you create an account, use the Services or otherwise communicate with us. The types of information we may collect include your name, email address, company name, credit card number (and/or other payment information), company URLs and any other information you choose to provide.

Information We Collect Automatically

When you access or use the Services, we automatically collect information about you, including:

  • Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to the Services.

  • Device Information: We collect information about the computer or mobile device you use to access the Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.

  • Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve the Services and your experience, see which areas and features of the Services are popular and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in the Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see "Your Choices" below.


Use of Information

We may use information about you for various purposes, including to:

  • Provide, maintain and improve the Services;

  • Send you technical notices, updates, security alerts and support and administrative messages;

  • Respond to your comments, questions and requests;

  • Communicate with you about services, offers, promotions, rewards, and events offered by imagenii.com and others, and provide news and information we think will be of interest to you;

  • Monitor and analyze trends, usage and activities in connection with the Services;

  • Link or combine with information we get from others to help understand your needs and provide you with better service;

  • Carry out any other purpose for which the information was collected.

imagenii.com is based in the European Union and the information we collect is governed by the European Union law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the EU and other countries.


Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;

  • In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;

  • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of imagenii.com or others;

  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company;

  • With your consent or at your direction, including if we notify you through the Services that the information you provide will be shared in a particular manner and you provide such information.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.


Analytics Services Provided By Others

We may allow others to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages and links clicked. This information may be used by imagenii.com and others to, among other things, analyze and track data and deliver content targeted to your interests on the Services and other websites and better understand your online activity.


Security

imagenii.com takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.


Your Choices

Account Information

You may update, correct or delete information about you at any time by logging into your member account or emailing us with your request at support@imagenii.com. If you wish to deactivate your account, you may do so at any time by using the tools in your member account or by contacting us at support@imagenii.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Services.

Promotional Communications

You may opt out of receiving promotional emails or messages from imagenii.com by following the instructions in those emails or messages or by using the tools in your member account. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing service relationship.

Acceptable Use Policy

You agree not to misuse our website, API, Imaging CDN or CBIR storage (collectively, the Services) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

  • Probe, scan, or test the vulnerability of any system or network;
  • Breach or otherwise circumvent any security or authentication measures;
  • Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
  • Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
  • Send unsolicited communications, promotions or advertisements, or spam;
  • Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • Promote or advertise products or services other than your own without appropriate authorization;
  • Circumvent storage space limits;
  • Sell the Services unless specifically authorized to do so;
  • Violate the law in any way, including storing, publishing or sharing material that's, fraudulent, defamatory, misleading, or illegal in any way; or
  • Violate the privacy or infringe the rights of others.

DMCA Policy

imagenii.com ("Company") has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

Procedure for Reporting Copyright Infringement:

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

imagenii.com
Attn: DMCA Avda Ramon y Cajal N32 1B
Fuengirola 29640 Spain
dmca@imagenii.com