Stuff not to do
If someone else might own the copyright to it, don't upload it. Don't upload gore, "hate speech" (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages violence or crime. Don't upload illegal content such as child porn or nonconsensual ("revenge") porn. Don't hotlink to adult content or to file-sharing, gambling, torrent, warez, or Imagetote rip-off sites. Don't impersonate someone else. Also, don't use Imagetote to host image libraries you link to from elsewhere, content for your website, advertising, avatars, or anything else that turns us into your content delivery network. If you do ? and we will be the judge ? or if you do anything illegal, in addition to any other legal rights we may have, we will ban you along with the site you're hotlinking from, delete all your images, report you to the authorities if necessary, and prevent you from viewing any images hosted on Imagetote.com.
About images you upload
You can upload images anonymously and share them online with only the people you choose to share them with. If you make them publicly available, they may be featured in the gallery. If you share an image publicly with Facebook, Twitter, Digg, Reddit, etc., then it may end up in the gallery.
By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant Imagetote a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to Imagetote pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Imagetote has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
USE OF IMAGETOTE CONTENT
By downloading an image or copying other user-generated content (UGC) from Imagetote, you agree that you do not claim any rights to it. The following conditions apply:
- You may use UGC for personal, non-commercial purposes.
- You may use UGC for anything that qualifies as fair use under copyright law, for example journalism (news, comment, criticism, etc.), but please include an attribute ("Imagetote" or "courtesy of Imagetote") next to where it is displayed.
- You may not use UGC for non-journalistic commercial purposes.
- Your use of UGC is at your own risk. IMAGETOTE MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold Imagetote harmless from any copyright infringement claims arising out of your use of the UGC. (See our general disclaimers below.)
You may not copy or use any portions of our site that are not UGC except within the limits of fair use.
NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT)
If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:
- Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT: please include your copyright registration number. If your work is not yet registered, please include a copy of the application to register the work that you filed with the Copyright Office. A copyright infringement claim based on a U.S. work can only be filed if the work has been registered (http://www.copyright.gov/eco/). Registration currently takes about seven months.
- Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
- Your physical or electronic signature, or of someone authorized to act on your behalf.
- Instructions on how we may contact you: preferably email, but also address and phone.
Because a high percentage of DMCA takedown notices are not valid, Imagetote reserves the right to ignore DMCA notifications based on unregistered works.