PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE
Welcome to our website. If you continue to browse and use this website and its related services you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Image Resizer's relationship with you in relation to your use of this website. By using this website and its related services, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, "Us", "Our" and "We" refers to Image Resizer, "You" and "Your" refers to you, the client, visitor, website user or person using our website, “Your images”, "Your content", "Your image content", "Your image contents" and "Your images content" refers to images you have uploaded or added to your Image Resizer account or served using your Image Resizer account, and "This website", "The website" and "Our website" relates to this website you are now visiting and its related services. Image Resizer provides you with a service which is constantly developing, as such the nature of the services may be modified without prior notice. Image Resizer may stop on either a permanent or temporary basis any service it provides to you, or any features of the service and this also may not be able to be provided without prior notice.
USER LOGIN
You should safeguard your password you use to access Image Resizer. We recommend that all passwords use a combination of upper and lower case letters, symbols and numbers. Image Resizer will not be liable for any losses or damages arising from your failure to safeguard and use complex passwords.
LEGAL & COMPLAINTS
Sometimes your images may become part of a legal action, if Image Resizer is joined as a party to any legal action by the upload or serving of one of your images, you agree to be responsible for all costs and legal fees for yourself and Image Resizer and indemnify and hold Image Resizer harmless from any action. In the case of a complaint filed with an administrative body regarding your images, Image Resizer may at its sole discretion suspend your usage of the service and/or your images, delete your images as forced by legal requirements, move control of your account to the appropriate legislative persons or entities.
IMAGES AND IMAGE CONTENT
Your images shall not contain any content which is illegal in Australia and the country in which you operate, and shall not include content such as revenge pornography, child pornography, gore, or content that is defamatory, harassing, threatening or does not respect others’ race, gender, age, religious beliefs or sexual orientation. All image content is the responsibility of yourself and/or your company / business. As we can not actively monitor such content we can not take responsibility of the content. We do not endorse or support the accuracy of any content which an individual, a company, business, brand or group of brands use. You should not use other peoples and persons content without their permission. You understand that if you do not have the right to such content you may be liable for the use of such content. You represent that you have the power and rights to use such content. Image Resizer will not be responsible or liable under any circumstances for any errors, omissions, data loss incurred during the use of Image Resizer services and pages. We will delete any content you ask us to in a reasonable timeframe, but you must understand that removed content may persist in backups and cached copies. You understand that as with every other image and/or page on the Internet that content can be easily copied by others, and that Image Resizer is not responsible for this. You are aware of the risk you undertaken when using your intellectual property on Image Resizer.
TRIAL ACCOUNTS
You may create a maximum of one trial account in order to test our service. This includes one test account per user, business or company. We use a variety of methods to determine if accounts are created by the same user/business/company, including but not limited to the top-level domain used to create an Image Resizer account, IP address, and usage patterns. If we detect you have created multiple trial accounts we reserve the right to immediately expire all trial accounts registered after your first trial account was registered. We may email you before or after we do this, or not at all. We may change the features, behaviour and/or availability of any free trial service we run at our own discretion.
API USAGE
You must adhere to the API limits as defined by the plan you are on. Additionally, a majority of your API calls to our service must be non-erroneous. If we detect too many erroneous requests being sent on behalf of your account, this may be deemed as a denial of service attack and we may contact you to resolve this and/or block your requests until you resolve the issue.
BILLING
By signing up to a paid plan, you agree that Image Resizer can bill you for your agreed monthly plan amount up front, at the beginning of each billing period. Furthermore, when you enable an add-on, you agree to Image Resizer billing you for the usage of the add-on (based on each add-on's individual usage costs) at the end of each billing cycle.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Image Resizer's rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Image Resizer is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Image Resizer's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
Image Resizer handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Should you wish to return or cancel your order, please notify us within 14 days of purchase with a valid reason for cancellation. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Image Resizer.
LINKS TO OTHER WEBSITES
Image Resizer provides on its website, and on Image Resizer landing pages links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Image Resizer and the owners of those websites. Image Resizer takes no responsibility for any of the content found on the linked websites. Image Resizer's website may contain information or advertisements provided by third parties for which Image Resizer accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a "recommendation" only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, Image Resizer absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Image Resizer gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Image Resizer to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At Image Resizer, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Image Resizer respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. All information we receive from our customers, is protected by our secure servers. Furthermore, all of the customer data Image Resizer collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers but we use Stripe's platform for our credit card billing and you should consult their website for their terms and privacy policies, including how they store your credit cards for your subscription to our service.
THIRD PARTIES
Image Resizer does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Image Resizer may be required, in certain circumstances, to disclose information in good faith and where Image Resizer is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Image Resizer. Image Resizer expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Image Resizer will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Image Resizer reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. Image Resizer expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Image Resizer concerning your use and access to Image Resizer's website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Image Resizer that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
