Terms of Use
Created: October 12, 2008
Last update: June 30, 2010
Acobox.com (Acobox) hosts images at its server and allows users to display these images in their web pages via hotlink. The hotlink can be, but not limited to, an IMG html code with SRC set as an image at the server of Acobox. a) Hotlinking: The hotlink as a verb means users insert/display an image via hotlink. b) Downloading Service: Users can download some images from Acobox server for their own use by certain license. c) Other Service: User can interact with other users and/or Acobox by posting comments to images or joining discussions in Forum.
By using the Acobox, you ("User") agree to be bound by this Agreement, whether you are a visitor browsing the Acobox site or a member registered with Acobox. You are only authorized to use the Acobox Services if you agree to abide by this Agreement. If you do not agree, you should leave the Acobox site. Acobox may modify this Agreement from time to time. Your continued use of the Acobox after Acobox revised Agreement signifies your acceptance of the revised Agreement.
1. Hotlinking Service: You shall credit Acobox on the same page wherever you use the image. You shall ensure all hyper links and text that the credit codes include are displayed as designed. You can modify the image and/or credit codes for making the image fit your web page better regarding image border, alignment, and space. You cannot modify the back link URL and anchor text included with the credit codes.
2. Downloading Service: You can download images that Creative Commons or GNU/GPL license are applied to. You shall follow applicable license when using the downloaded images. User can NOT download images that are indicated as All Rights Reserved.
3. You are eligible to using Hotlinking Service and Submission Service if you create a user account with Acobox. You can only use Hotlinking Service with domains that you register with Acobox.
4. If an image includes an identifiable person, using the image for commercial purposes may infringe that person's Privacy and Publicity Rights, and permission should be obtained from the person.
5. Account Security. You are entirely responsible for maintaining the confidentiality of your own password as well as for any and all use of your own account.
6. Termination. This Agreement and any revision shall remain in full force while you use the Acobox. You may terminate your use of Services at any time. Acobox may terminate offering the Services to you at any time, for any or no reason, with or without prior notice, and without liability.
7. Use by Members. Acobox reserves the right to take appropriate legal action for any illegal or unauthorized use of Acobox.
8. Charges. Acobox reserves the right to charge for any Acobox Services and to change its fees (if applicable) from time to time in its discretion. If Acobox terminates the Membership because of User's illegal or misuse of Acobox, User shall not be refunded.
9. Content Posted.
Acobox assumes no responsibility for monitoring the Acobox site for inappropriate Content. You are solely responsible for the content you post. Your image posted shall be of professional photographical and artistic quality. At the same time, your post shall not contain prohibited content as defined in Section 11. Any poor-quality post or content that violates Section 11 will be removed by site administrator without prior notice and Acobox is not responsible for any consequence of such removal. Users uploading poor-quality post or content that breaches Section 11 will result in termination of accounts.
10. Content Rights.
(a) Content created by Acobox ("Acobox Content") is protected by copyright, trademark, patent, trade secret and other laws, and Acobox owns and retains all rights in the Acobox Content.
(b) Acobox contains Content of Users and other Acobox licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content on Acobox.
(c) User shall indicate the sources when posting the contents that are obtained from third party sources under Creative Commons licenses or GNU Free Document License. User shall check the corresponding source for the applicable license for using those contents.
(d) Acobox performs technical functions necessary to offer the Acobox Services, including but not limited to transcoding and/or reformatting Content.
(e) Acobox does not own rights in the contents that members post ("User Content"). By displaying or publishing any User Content, you grant to Acobox a limited license to use such User Content.
(f) You grant to Acobox an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licensable and worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works. If you are the author of image that you submit to Acobox Galleries, you can choose a license applied to end Users. You can change the license after submission but the new license shall not conflict with rights that you grant when you submit the image.
(g) You represent and warrant that you own the User Content posted and the posting of your User Content does not violate any other rights of any party.
11. Intellectual Property Rights (IPR). Acobox respects the intellectual property of others, and requires that our users do the same. You may not use any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party. Acobox has the right to terminate the Membership of infringers.
12. Dispute between Users. You are solely responsible for your interactions with other Acobox Members. Acobox has no obligation to involve in any way with disputes between you and other Members.
13. Privacy. Use of the Acobox Services is also governed by our Privacy Policy.
14. Prohibitions. The following are examples, included but not limited to, of the kind of content or activities prohibited on Acobox: (a) Content that involves commercial activities or sales without prior written consent from Acobox; (b) Content that poses or creates a privacy or security risk to any person; (c) Content that includes a photo of another person that you have posted without that person's consent; (d) Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) Content that exploits people in a sexual or violent manner; (f) Content that solicits personal information from anyone under 18; (g) Content that contains restricted or password only access pages or hidden pages or images; (h) Content that harasses or advocates harassment of another person; (i) Content that constitutes or promotes an illegal or unauthorized use of copyrighted work; (j) Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (k) Content that constitutes or promotes information that you know is false or misleading; (l) Content that contains nudity, excessive violence, or offensive subject matter or contains a link to an adult site; (m) Content that involves "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (n) Content that furthers or promotes any criminal activity or provides instructional information about illegal activities; (o) Content that violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. (p) Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or harmful files, copyright infringement, patent infringement, or theft of trade secrets; (q) Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (r) Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Acobox Services; (s) Covering or obscuring the advertisements on your personal profile page, or any Acobox page; (t) Selling or otherwise transferring your profile; (u) Any automated use of the system; (v) Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of Acobox; (w) Using the account, user name, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; (x) Interfering with, disrupting, or creating an undue burden on Acobox or the networks or services connected to Acobox; (y) Harassing, abusing, harming, impersonating or attempting to do the same to another Member, person or entity.
15. Disclaimers. Acobox is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on Acobox, whether caused by Users of the Acobox or by any of the equipment or programming associated with or utilized in the Acobox and such User Content does not necessarily reflect the opinions or policies of Acobox. Posts by Members on the Acobox site may contain links to other sites. Acobox is not responsible for the content, accuracy or opinions expressed on such sites, and such sites are not necessarily investigated, monitored or checked for accuracy or completeness by Acobox. Inclusion of any linked site on Acobox does not imply approval or endorsement of the linked site by Acobox. When you access third party sites, you are at your own risk. Acobox takes no responsibility for third party advertisements that are posted on Acobox, nor does it take any responsibility for the goods or services provided by its advertisers. Acobox is not responsible for the conduct, whether online or offline, of any User of the Acobox. Acobox assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Acobox is not responsible for any problems or technical malfunction of any network, lines, computer online systems, servers, providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on Acobox or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the Acobox. Under no circumstances shall Acobox be responsible for any loss or damage, including personal injury or death, resulting from use of Acobox, from any User Content posted on Acobox, or from the conduct of any Users, whether online or offline. The Acobox Services are provided "AS-IS" and as available and Acobox expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Acobox cannot guarantee and does not promise any specific results from use of Acobox.
16. Limitation on Liability. IN NO EVENT SHALL ACOBOX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ACOBOX, EVEN IF ACOBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACOBOX'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACOBOX FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
17. Disputes Settlement. The Agreement shall be governed by the laws of Hong Kong, without regard to its conflict of law provisions. You and Acobox agree to submit to the exclusive jurisdiction of the courts in Hong Kong to resolve any dispute arising out of the Agreement. EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR NOT, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH PARTY ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
18. Indemnity. You agree to indemnify and hold Acobox harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of Acobox in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content that you post on Acobox causes Acobox to be liable to another.
19. Headings. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning or impact on the interpretation of the Agreement.
20. Miscellaneous. This Agreement is accepted upon your use of the Acobox site. This Agreement constitutes the entire agreement between you and Acobox. The failure of Acobox to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
