Terms of Service

Your Acceptance

By using or visiting the ExtraZoom website or any ExtraZoom products, software, data feeds, and services provided to you on, from, or through the ExtraZoom website (collectively the "Service") you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms do not use the Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://http://extrazoom.com/terms.html). ExtraZoom may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

Service

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of ExtraZoom, including but not limited to all products, software and services offered via the ExtraZoom website, such as the ExtraZoom "Embeddable Viewer," the ExtraZoom "Uploader" and other applications.

The Service may contain links to third party websites that are not owned or controlled by ExtraZoom. ExtraZoom has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ExtraZoom will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve ExtraZoom from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

ExtraZoom Accounts

In order to access some features of the Service, you will have to create a ExtraZoom account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ExtraZoom immediately of any breach of security or unauthorized use of your account.

Although ExtraZoom will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ExtraZoom or others due to such unauthorized use.

General Use of the Service. Permissions and Restrictions

ExtraZoom hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Service or the Content without ExtraZoom's prior written authorization, unless ExtraZoom makes availabel the means for such distribution through functionality offered by the Service (such as the Embeddable Viewer).

You agree not to alter or modify any part of the Service. Changing ExtraZoom linking codes is prohibited without prior permission.

You agree not to access Content through any technology or means other than the image pages of the Service itself, the Embeddable Viewer, or other explicitly authorized means ExtraZoom may designate.

You agree not to use the Service for any of the following commercial uses unless you obtain ExtraZoom's prior written approval:

Prohibited commercial uses do not include:

If you use the Embeddable Viewer on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Viewer, including but not limited to links back to the ExtraZoom website.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the ExtraZoom servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ExtraZoom grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly availabel searchable indices of the materials, but not caches or archives of such materials. ExtraZoom reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

In your use of the Service, you will comply with all applicable laws.

ExtraZoom reserves the right to discontinue any aspect of the Service at any time.

Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to ExtraZoom, subject to copyright and other intellectual property rights under the law.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by ExtraZoom on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ExtraZoom or the respective licensors of the Content. ExtraZoom and its licensors reserve all rights not expressly granted in and to the Service and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that ExtraZoom is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ExtraZoom with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ExtraZoom, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

Your Content and Conduct

As a ExtraZoom account holder you may submit Content to the Service, including images and user comments. You understand that ExtraZoom does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to ExtraZoom all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to ExtraZoom, you hereby grant ExtraZoom a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and ExtraZoom's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in image Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your images from the Service. You understand and agree, however, that ExtraZoom may retain, but not display, distribute, or perform, server copies of your images that have been removed or deleted.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ExtraZoom all of the license rights granted herein.

Here are some common-sense rules that will help you steer clear of trouble:

The following types of content constitutes "abuse" and may not be uploaded or distributed through the ExtraZoom:

ExtraZoom reserves the right to remove any content, and may replace any content with a notice stating reason for removal.

Any domain hotlinking to abusive content will have that content subject to removal.

To report any type of abuse, send email using the Contact form.

Uploading abusive content may result in the immediate termination of your ability to use the ExtraZoom. The ExtraZoom may not load, any content hosted on the ExtraZoom, and all abusive content will be subject to deletion. Circumventing ExtraZoom's ability to enforce the ExtraZoom Terms of Service will result in prosecution.

Respect copyright. Only upload images that you made or that you are authorized to use. This means don't upload images you didn't make, or use content in your images that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or images made by other users, without necessary authorizations.

ExtraZoom does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ExtraZoom expressly disclaims any and all liability in connection with Content. ExtraZoom does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ExtraZoom will remove all Content if properly notified that such Content infringes on another's intellectual property rights. ExtraZoom reserves the right to remove Content without prior notice.

Indemnity

You agree to indemnify and hold ExtraZoom harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of your content or use of any other feature or service. This expressly includes:

Limitation of Liability

You agree that the use of the ExtraZoom is entirely at your own risk. The ExtraZoom is provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

ExtraZoom makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature on the ExtraZoom. In no event shall ExtraZoom be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the ExtraZoom or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

ExtraZoom may perform maintenance services as it determines reasonably necessary. You acknowledge that such maintenance may require downtime. ExtraZoom will attempt in good faith to provide prior notice of the maintenance downtime.

Maintenance

ExtraZoom may perform maintenance services as it determines reasonably necessary. You acknowledge that such maintenance may require downtime. ExtraZoom will attempt in good faith to provide prior notice of the maintenance downtime.