By using the imgless.com web site, API(Application Programming Interface) of ImgLess("we", "our" or "us"), you are aggreeing te be bound by the following terms of service("Terms of Service"). These Terms of Service affect your legal rights and obligations. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.
This Agreement is between ImgLess and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.
1. Your Account
You are responsible for keeping your password secret and secure. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws, rules and regulations in your jurisdiction (including but not limited to copyright or trademark laws).
2. Your Uploaded images
You retain the rights to images you uploaded to the Service. You grant ImgLess and its service providers the right to temporarily store and modify your content insofar as necessary to provide the Service to you. Uploaded and compressed images will be stored for one hours only, so you (and only you) can download them in the one hour.
3. Payments and Refunds
The Service is billed in advance on a monthly basis or on a yearly basis and is non-refundable. You may upgrade or downgrade between "Web VIP" and "API VIP", but the days you have payed will disapear, the new Service will replace it.
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
You understand that Nekkra uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other content of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Kraken.io page is rendered or displayed in a user's browser or device.
You may not upload violent or discriminatory content, or content which is in any way unlawful, infringing, or hateful, to and/or via the Service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You acknowledge and agree that ImgLess imposes a limit on the size and the number of requests you may send to the Service. ImgLess may change such limits at any time, at ImgLess’s sole discretion.
You authorize ImgLess to collect the fees using any payment method we have on record for you. We may increase or add new fees after giving you advance notice.
Listed prices are in U.S. dollars (USD) and include any sales tax (VAT) when applicable. The charged prices are equal to the listed prices regardless of the amount of sales tax to be paid. Payments are not refundable.
6. Intellectual property
ImgLess respects the intellectual property rights of others. ImgLess asks you to respect the intellectual property rights of ImgLess. All rights, title and interest in and to such property will remain solely with ImgLess.
7. Disclaimer of warranties
The Service is provided “as is”. ImgLess and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ImgLess nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.
8. Limitation of liability
In no event will ImgLess, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ImgLess under this Agreement during the twelve (12) month period prior to the cause of action. ImgLess shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless ImgLess, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
ImgLess reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of ImgLess, or by the posting by ImgLess of a revised version.
11. Applicable law and jurisdiction
Except to the extent applicable law, if any, provides otherwise this Agreement, any access to or use of the Service will be governed by the laws of the state of the Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Amsterdam, the Netherlands. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.