imgCake - Terms of Service

imgCAKEŽ Terms of Service

Short version of the imgCAKEŽ Terms of Service:
Don't upload anything that can be even remotely construed as porn, copyrighted material, harassment, or spam. If you do, we will ban you, delete all your images, and prevent you from viewing any images hosted on imgCAKEŽ.

1. Definitions
1. 'imgCAKEŽ' refers to the imgCAKEŽ Corporation and this website, and excludes its shareholders, owners, or operators.
2. 'File' refers to any document that has the potential to be uploaded to imgCAKEŽ.
3. 'User' refers to the individual who uploads files to imgCAKEŽ, has uploaded files to imgCAKEŽ, or accesses files from imgCAKEŽ.
4. 'URL' refers to the location of any file located on imgCAKEŽ's servers.

2. Terms of Service
imgCAKEŽ reserves the right to remove or replace any uploaded files, and assumes no liability for lost registration links or misplaced file URLs. Changing imgCAKEŽ linking codes is prohibited without prior permission.

The following types of files constitute "abuse" may not be uploaded under any circumstances:

* Pornographic files. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations.
* Files that are illegal and/or are in violation of any United States laws.
* Files that infringe on the copyrights of any entity excluding the user.
* Non-image or non-swf files. This includes archived non-image files.
* Files intending to harass or spam, or promote anything for commercial profit.

If any domain hotlinks to abusive files, any file hotlinked on that domain will display this image, and the domain's owner must ensure the quick removal of all files hotlinked from imgCAKEŽ on that domain. Domains containing the phrases "toplist", "topsites", "porn", or "hentai" are banned regardless of abuse.
Uploading abusive files may result in the immediate termination of the user's ability to use imgCAKEŽ or any of its provided services. The imgCAKEŽ website may not load, all imgCAKEŽ-hosted files may not load, and all files and accounts related to the abusive files will be subject to deletion. Circumventing imgCAKEŽ's ability to enforce the imgCAKE Terms of Service will result in prosecution.
To report any type of abuse, send email using the Report Abuse or Request Deletion page.

3. Privacy
All information provided by the user is strictly confidential. imgCAKEŽ reserves the right to distribute aggregated demographic information provided by the user, but imgCAKEŽ will never release any personal information about the user without permission. However, imgCAKEŽ reserves the right to release user information if user has violated the imgCAKEŽ Terms of Service, if the user has committed unlawful acts, if the information is subpoenaed, or if imgCAKEŽ deems it necessary or appropriate.

4. Legal Policy
imgCAKEŽ Terms of Service are subject to change without notice.
All files are Š to their respective owners. imgCAKEŽ directs full legal responsibility of files to their respective users. All other content Š imgCAKEŽ. imgCAKEŽ is not responsible for the content any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files.
Except where diligently implied, absolutely NO part of imgCAKE Ž may be reproduced or recreated without explicit written permission by operators of imgCAKEŽ and certified written verification by Notary Public.

5. Limitation of Liability
User agrees that the use of imgCAKEŽ's services is entirely at User's own risk. imgCAKEŽ's services are provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
imgCAKEŽ makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of imgCAKEŽ's services. In no event shall imgCAKEŽ be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use imgCAKEŽ's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

6. Indemnity
User agrees to indemnify and hold imgCAKEŽ harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of User's Files or use of any other feature or service. This expressly includes:

* User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
* Any defamatory or unlawful material contained within User's Files.

7. Maintenance
imgCAKEŽ may perform maintenance services as imgCAKEŽ determines reasonably necessary. User acknowledges that such maintenance may require downtime. imgCAKEŽ will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond imgCAKEŽ's control limit the ability to do so.