Terms of Service

Acceptance of Terms

The website NiftyImages.com and all linked pages (the "Site") are operated by NiftyImages, Inc. ("NiftyImages"). Users ("You," "Your," or "Authorized User") access the Site under these Terms of Use ("Terms" or "Agreement"). Users must read these Terms carefully before accessing services. By using the Site and its services ("Services"), you agree to be bound by these Terms. Disagreement with any part means you cannot access the Site.

Description of Service

The Site functions as an online image hosting platform enabling users to host, modify, and serve images. Services include any content or functionality NiftyImages provides, including text, messages, information, data, graphics, photographs, images, illustrations, and software ("Content").

Access and use may be interrupted due to equipment malfunction, updates, maintenance, or repairs. NiftyImages reserves the right to suspend or discontinue the Site, Services, or remove Content at any time at its sole discretion and without prior notice. Users should not rely on the Site for storage of your photographs and images and must maintain personal copies.

NiftyImages can make necessary changes to maintain or enhance: (i) the quality or delivery of NiftyImages' services to its customers; (ii) the competitive strength of or market for NiftyImages' services; or (iii) the Services' cost efficiency or performance; or (b) to comply with applicable Law.

Pricing

Pricing and plans may change at NiftyImages' discretion. The company provides thirty (30) days' advance written notice of changes. Failure to terminate before the thirty-day period means acceptance of new pricing. Additionally, NiftyImages will implement a 5% annual increase in monthly and annual fees for all accounts.

Registration

NiftyImages grants users a non-exclusive, non-transferable right to access and use the Services during the Term, solely for use by You in accordance with the terms and conditions herein. Users must create an account with username, password, and registration information ("Access Credentials").

Users represent that registration information is accurate, complete, and current at all times. Failure to provide accurate, complete or current information constitutes a breach of the Terms, which may result in immediate termination.

Usernames cannot be another person's name, unavailable names, trademarked names without authorization, or offensive content. Users are responsible for maintaining confidentiality of Your Access Credentials and all account activities.

Services are available to individuals at least 18 years old, or those 14+ authorized by parents or guardians. Parents authorizing minors are responsible for the online conduct of such minor, and the consequences of any misuse.

User Conduct

Users are entirely responsible for all submitted Content. NiftyImages does not control customer-submitted Content and does not guarantee the accuracy, integrity or quality of such Content.

Users cannot use Services for unlawful purposes or to:

• Abuse, harass, threaten, impersonate or intimidate any person
• Post libelous, defamatory, obscene, pornographic, abusive, offensive, or profane content
• Violate laws of the user's jurisdiction
• Obtain passwords or private information from other users
• Post copyrighted content not owned by the user
• Use automated access tools without written permission
• Create unreasonable loads on infrastructure or interfere with Site operations
• Bypass access prevention measures
• Sell or transfer profiles

Users must report suspected abuse to help@NiftyImages.com. NiftyImages is not responsible for monitoring user disputes but reserves the right to do so.

Users cannot:

• Copy, modify, or create derivative works of Services
• Rent, lease, sell, sublicense, or distribute Services
• Reverse engineer, disassemble, or decompile Services
• Bypass security or access without valid credentials
• Upload unlawful or harmful information
• Damage, destroy, or disrupt Services
• Remove intellectual property notices
• Access Services in ways that violate third-party rights or applicable law

Content Submitted for Inclusion

By submitting Content, users grant NiftyImages a worldwide, non-exclusive license to use the Content and represent that they own or have proper licensing for the Content.

Users confirm they:

• Are solely responsible for Content consequences
• Own necessary licenses, rights, consents, and permissions
• Grant NiftyImages all intellectual property including patent, trademark, trade secret, copyright or other proprietary rights in and to such Content
• Retain ownership but grant NiftyImages a worldwide, non-exclusive, royalty-free license to use the Content in connection with the Services
• Acknowledge NiftyImages will remove infringing Content
• Cannot terminate permissions or seek injunctive relief
• Agree to indemnify and hold harmless NiftyImages, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law

Privacy and Security

Users retain sole responsibility for Customer Data, its content, use, information infrastructure, Access Credentials security, and all access to Services with or without Your knowledge or consent. Users grant NiftyImages all such rights and permissions in or relating to Customer Data as are necessary or useful to enforce the Agreement.

GDPR Compliance

NiftyImages complies with the General Data Protection Regulation (GDPR).

Personalization in Personalized Images is placed in the Image URL. These Image URLs are not stored by NiftyImages or associated with any record (subscriber). Email lists are not stored or collected by NiftyImages.

Employees are trained on GDPR requirements, and the company does not process sensitive information. NiftyImages has breach notification processes. GDPR inquiries can be sent to support@niftyimages.com.

Copyright Complaints

NiftyImages respects intellectual property rights. The company responds promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement. NiftyImages will investigate and take appropriate action under applicable intellectual property law, potentially removing Content or terminating accounts.

Representations and Warranties

Users represent and warrant they:

• Are properly organized and validly existing (if an entity)
• Have full authority to enter into and perform the Agreement
• Are authorized to execute the Agreement
• Will create a valid, binding obligation
• Own necessary rights in Customer Data so it does not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, or any privacy or other rights

Links

Services may provide links to external sites. NiftyImages has no control over such sites and resources and is not responsible for the availability of such external sites or resources. The company does not endorse linked sites and is not responsible or liable for any content, advertising, products or other materials on external sites.

Disclaimer of All Warranties

Except for the express warranties set forth herein, all Services and NiftyImages materials are provided "as is." NiftyImages disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The company makes no warranty of any kind that the Services, or any products or results of the use thereof, will meet your or any other person's requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, or other services, or be secure, accurate, complete, free of harmful code, or error free.

Release and Indemnity

Users agree to defend, indemnify and hold harmless NiftyImages, its officers, directors, employees, representatives, affiliates, assigns and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney's fees) arising from:

• Service use and access
• Terms violations
• Image sales or use
• Customer Data
• User negligence or misconduct
• Violation of third-party rights

Limitation of Liability

In no event shall NiftyImages, its officers, directors, employees, agents, or other persons acting on behalf of NiftyImages be liable for:

• Loss of production, use, business, revenue, or profit or diminution in value
• Service impairment or loss
• Data loss or corruption
• Replacement goods costs
• Loss of goodwill or reputation
• Consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages

Trademarks

NiftyImages, NiftyImages.com and other NiftyImages graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of NiftyImages. Trademarks cannot be used without prior written consent. Icon pack images may be used by partners for linking to NiftyImages.

Term and Termination

The Agreement begins on the execution date ("Effective Date") and continues unless terminated ("Term").

NiftyImages may terminate or suspend any and all Services, Access Credentials, and/or your NiftyImages account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Either party may terminate for the other's insolvency, bankruptcy, failure to pay debts, creditor assignment, or appointment of receiver or trustee.

Upon termination, users immediately lose Site and Services access. Users may terminate by discontinuing Services use. Users are responsible for removing Content before termination. Upon account termination, NiftyImages will automatically remove all Content posted to Your account and disable Your Access Credentials.

Miscellaneous

Modification: NiftyImages may modify the Terms in its sole discretion, at any time and for any reason, with or without prior notice to You.

Assignment: Rights and obligations cannot be assigned by users. NiftyImages may consent to assignments in its sole and absolute discretion.

Entire Agreement: The Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements.

Governing Law and Venue: Services and all related claims shall be governed by, and enforced in accordance with, the laws of the State of California. Claims shall lie in Sacramento County, California.

Survival: Obligations and rights shall survive Termination to the extent necessary for Services execution.

Severability: If a provision is invalid, the remaining provisions of these Terms shall not be affected and shall continue in full force and effect.

Waiver: No waiver is effective unless such waiver is expressed, in writing, and signed by the waiving party.

Relationship of Parties: Parties are independent contractors. The Agreement does not create any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship.

Attorneys' Fees: The prevailing party in any legal action is entitled to recover its reasonable attorneys' fees and court costs from the non-prevailing party.

Counterparts: The Agreement may be executed in counterparts, each deemed an original. Signed copies delivered by facsimile, email, or other means of electronic transmission have the same legal effect as delivery of an original signed copy.