These Terms of Service ("Terms") are a legally binding agreement between you ("User," "You") and imageserver.pw ("We," "Us," "Our"), governing your access to and use of Our services. By registering or using Our services, You agree to comply with these Terms.

Violation of these Terms may result in account suspension or termination, and removal of your content.

1. Changes to the Terms

We reserve the right to amend these Terms at any time. Changes will be effective after providing notice to Users via email or prominent notice on Our website. Continued use of the Service following such updates constitutes your acceptance of the new Terms.

2. Definitions

• "Service" refers to the services offered at https://imageserver.pw, including any related services.
• "Content" or "Items" refer to user-generated content ("UGC") that you upload, post, or otherwise make available through Our Service.
• "You," "User" refers to any individual who registers or uses Our Service.

3. General Terms

Our services are located within the European Union, and all Content uploaded must comply with EU laws, including but not limited to the laws of Germany.

4. Ownership and Licensing of Content

By uploading Content to imageserver.pw, You grant Us a non-exclusive, worldwide, perpetual, royalty-free license to use, store, reproduce, and distribute the Content solely for the purpose of operating and improving the Service. This license also allows us to use the Content in promotional material related to the Service.

You retain all rights in and to your Content, except for the limited license granted above.

5. User Responsibilities and Prohibited Content

You agree not to upload any of the following prohibited content:

• Content that violates laws of Germany or other applicable jurisdictions.
• Content falling under categories such as pedophilia, necrophilia, or zoophilia.
• Malware or any harmful software.
• Content that may harass individuals or communities based on race, religion, gender, or other protected characteristics.
• Unauthorized disclosure of personal information or intellectual property.

6. Liability and Indemnification

You are responsible for ensuring that any Content you upload does not infringe the rights of third parties. You agree to indemnify and hold Us harmless from any claims, damages, or legal fees arising out of your use of the Service, particularly in relation to third-party intellectual property claims.

We are not liable for any Content hosted on our Service. If you are a copyright holder and believe your rights are infringed, please contact takedown@imageserver.pw for resolution.

7. Service Availability and Warranty Disclaimer

We strive to ensure continuous service but cannot guarantee uninterrupted access to the Service. We perform daily backups but do not guarantee that any specific Content will be retained indefinitely.

No Warranties: Our Service is provided "as is" without any warranties of any kind, either express or implied. We disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Applicable Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Sankt Augustin, Germany.

9. Miscellaneous

• Entire Agreement: These Terms represent the full agreement between You and Us regarding your use of the Service.
• Waiver: Any failure by Us to enforce a provision in these Terms does not constitute a waiver of that provision.
• Severability: If any part of these Terms is deemed invalid, the remaining provisions will remain in effect.
• Survival: Provisions that logically should survive termination of the Terms will continue to apply.

Last updated: 2024-10-18