Terms And Conditions

By using or accessing ImageCaddy.com, or any subdomain thereof (the "Site"), or by using any of the services provided by the Site, you agree to be bound by these Terms of Service ("Terms") and the Privacy Policy of Image Caddy. Collectively these are referred to as the "Agreement." If you do not agree to the terms of this Agreement you may not use or access the Site or the Services. ImageCaddy.com may at its sole discretion modify this Agreement from time to time, and may modify, suspend or terminate the Site and Services for any reason or no reason and without notice.

1. Description of the Services
ImageCaddy.com provides its users the ability to upload and host including without limitation images ("Content") that is owned by users of ImageCaddy.com or to which they have any necessary rights ("User Content"). This Content and User Content may be shared via the web on, for example, social networking sites, personal websites, message boards, blogs and online journals. Though the Site and Services are normally available, at times the Site or Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of equipment and telecommunications links beyond the control of ImageCaddy.com. ImageCaddy.com reserves the right to delete any Content for any reason without notice. Some deleted content may be stored by Image Caddy to meet legal obligations. ImageCaddy.com recommends that you keep a backup of your User Content.

2. Age Requirements
Users of the Service must be at least 13 years of age. No information of children under 13 will be knowingly collected by ImageCaddy.com. If parents or guardians become aware that a child has provided information, such as through misrepresenting their age, they should immediately Contact Us with details of the account.

3. Submissions & License
ImageCaddy.com does not claim ownership to your User Content. By uploading your images you merely grant us a license to display your image for the purpose of image hosting, sharing the image with your friends, or in our search engine. Thus, by posting or submitting User Content to ImageCaddy.com, you grant ImageCaddy.com the non-exclusive, transferrable, worldwide right to use, transmit, reproduce, sub-license, create derivative works from, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form on the Site and for the purpose of hosting the image on other sites. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Image Caddy this license. Image Caddy directs full legal responsibility of User Content to their respective users. Image Caddy is not responsible for the content of any file or User Content.

4. Restrictions
By using the Site or Service you agree not to:
Upload any Content you do not own or to which you don't have the necessary rights.
Upload any Content that violates any federal, state or local law or statute.
Use uploaded content for the purpose of spam or unsolicitied commercial email/messages.
Harass 3rd parties.
Interfere with the security and usual operation of the ImageCaddy.com Site such as through Denial of Service attacks, attempts to gain access to other user's accounts, etc.
Do anything else that might expose Image Caddy to any liability.

5. Disclaimer of Warranty and Limitation of Liability
IMAGE CADDY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IMAGE CADDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. IMAGE CADDY MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT IMAGE CADDY IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES A RISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, IMAGE CADDY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF IMAGE CADDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL IMAGE CADDY' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO IMAGE CADDY PURSUANT TO THIS AGREEMENT.

6. Indemnification
You agree to defend, indemnify, and hold harmless ImageCaddy.com and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement.

7. Copyright Infringement
We accept notifications of alleged copyright violations in accordance with the Digital Millenium Copyright Act (The text of the act can be found at http://lcweb.loc.gov/copyright/). Note that if you materially misrepresent a claim of copyright infringement you will be liable for damages (incuding costs and attorney fees -- see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/) We require the following information in order to respond to your request:

Describe in detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work is the code that appears on http://www.example.com/thecode.html)
Identify the material that you claim is infringing the copyrighted work listed in #1. Include relevant URL's that will allow us to identify the work.
Your address, telephone number, and email address
Include the following statement "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law"
Include the following statement "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the notification (Type your full name to sign it electronically if submitted via email).