Definitions
'Imgkk' refers to this website, and excludes its owners, or operators.
'File' refers to any document that has the potential to be uploaded to Imgkk.
'User' refers to the individual who uploads files to Imgkk, has uploaded files to Imgkk or accesses files from Imgkk.
'URL' refers to the location of any file located on Imgkk's servers.
'You' refers to the User reading this document.
'Burn-Blue' refers to burn-blue.com and any of the services provided by it, and excludes its owners, or operators.
'Advertisers' refers to any third party who shows ads on Imgkk. The Advertisements on this site are in no-way affiliated with the owners of Imgkk.
Deletion Policy
Imgkk does not have unlimited bandwidth or disk space. Occasionally it may be necessary to remove a random selection of images flagged for deletion. Factors that will increase the likelihood of an image being flagged include extremely high bandwidth images and images which have received a low number of hits.
Invididual Limits
Imgkk does not enforce any limits on hosted images, however, any images which use excessive amounts of bandwidth or receive an excessive amount of hits (regardless of bandwidth usage) may be removed at the Owners discretion.
Terms of Service
Imgkk reserves the right to remove or replace any uploaded files, and assumes no liability for misplaced file URLs. If you use any Imgkk's services, you are responsible for maintaining the confidentiality of your account, password and gallery IDs and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password or gallery.
The following types of files constitute "abuse" and may not be uploaded under any circumstances, when using Imgkk's Image Hosting Service:
- Files that are illegal and/or are in violation of any United Kingdom laws.
- Files that infringe on the copyrights of any entity excluding the user.
- Non-image files. This expressly includes images with other files embedded within. This does not include text files uploaded to the "NFO to PNG" converter.
- Files intending to harass or spam in any way.
- Files which are extremely pornographic in nature, even if legal.
- Files which violate the Burn-Blue TOS in any way.
Uploading abusive files may result in the immediate termination of the user's ability to use Imgkk or any of its provided services. The Imgkk website may not load, all Imgkk-hosted files may not load, and all files and accounts related to the abusive files will be subject to deletion. Circumventing Imgkk's ability to enforce the Imgkk Terms of Service may result in prosecution.
Imgkk also reserves the right to deny any given website from embedding images hosted on Imgkk servers if said website contains content deemed to be imappropriate or uses Imgkk bandwidth excessively.
Privacy
All information provided by the user is strictly confidential. Imgkk reserves the right to distribute aggregated demographic information provided by the user, but Imgkk will never release any personal information about the user without permission. However, Imgkk reserves the right to release user information if user has violated the Imgkk Terms of Service, if the user has committed unlawful acts, if the information is subpoenaed, or if Imgkk deems it necessary or appropriate.
Imgkk does not use session cookies, all data that is stored by Imgkk is purely demographical. However, Advertisers on Imgkk may give you Tracking Cookies; this is beyond the control of Imgkk.
Legal Policy
Imgkk Terms of Service are subject to change without notice.
All files are © to their respective owners. Imgkk directs full legal responsibility of files to their respective users. All other content is © Imgkk. Imgkk is not responsible for the content any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files.
Except where diligently implied, absolutely NO part of Imgkk may be reproduced or recreated without explicit written permission by operators of Imgkk.
Limitation of Liability
User agrees that the use of Imgkk's and Burn-Blue's services is entirely at User's own risk. Imgkk's and Burn-Blue's services are 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.
Imgkk and Burn-Blue make no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of Imgkk's or Burn-Blue's services. In no event shall Imgkk or Burn-Blue 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 Imgkk's or Burn-Blue's services 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.
Maintenance
Imgkk or Burn-Blue may perform maintenance services as Imgkk or Burn-Blue determines reasonably necessary. User acknowledges that such maintenance may require downtime. Imgkk will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond Imgkk's or Burn-Blues's control limit the ability to do so.
In the case of updates, it is likely that no prior notice will be given, unless the update is likely to affect your already hosted images. Most updates only involve the uploading functionality being temporarily disabled.
Subscription and Payments
Imgkk's Image Hosting services are free. If user desires extra features and decides to upgrade to Imgkk Premium, user will be responsible for managing the subscription via user's PayPal account identified at the time of subscription. User's PayPal account will be billed only when User specifically chooses to extend User's account.
User agrees to indemnify and hold Imgkk harmless from any loss, liability, claims, damages and expenses, including attorney's fees, arising from or related to the content, use, or deletion of User's Files or use of any other feature or service. This expressly includes:
- User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
- Any defamatory or unlawful material contained within User's Files.