Terms of Service

By using Sirv, you agree to be bound by Part A of these terms – it applies to all users including casual visitors.

By registering for a Sirv account, you also agree to be bound by Part B of these terms.

Part A

Provisions applicable to all Users of the Service (whether registered or not).

Purpose of the Service

Sirv offers an image hosting service to serve digital images through web browsers.

Availability

Sirv uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunication links and equipment that are beyond the control of Sirv. Every reasonable step will be taken by Sirv to minimize such disruption where it is within the reasonable control of Sirv. You agree that Sirv shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Sirv service for any reason and without notice at any time.

Privacy

Sirv is committed to protecting your privacy. The terms of our Privacy Policy are incorporated into, and considered part of, these terms.

Trademarks

All brand, service names used in this Service which identify Sirv or third parties and their services are proprietary marks of Sirv and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Sirv or any third party with respect to any such image, logo or name.

Copyright and Intellectual Property

Sirv is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.

If you believe the copyright in your work has been violated through this Service, please send the following information in accordance with the DMCA via our contact form.

  • URL of the work or material that you claim has been infringed.
  • URL on sirv.com of the material that is claimed to be infringing.
  • Contact information, including your name, address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law.
  • A statement by you that the above information in your Notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Sirv may forward a copy of a Notice including name and email address to the account holder in order to notify that person. Sirv will terminate, under appropriate circumstances, the accounts of users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any user for actual or apparent infringement of intellectual property rights.

Amendment of the Terms

Sirv reserves the right to amend these Terms of Service from time to time without any notice to you. You can review the most current version of the Terms of Service at any time at http://www.sirv.com/terms/.

Applicable Law and Jurisdiction

These Terms of Use shall be governed and interpreted in accordance with English law.

If any provision of these Terms of Use is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing any of our rights under the Terms of Use without losing them. You agree that we may assign these Terms of Use or any of our rights or obligations without giving you notice.

We shall not be liable to any third party in respect of your use of (or inability to use) the website.

General

These terms constitute the entire agreement between Sirv and you with respect to your use of the Service. Sirv’s failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these terms is invalid, you agree that the remainder of the terms shall be enforceable.

Operator

This Service is operated by Sirv, a business owned and operated by Magic Toolbox Limited, a company incorporated in the United Kingdom (number 06041171).

Sirv is also referred to in these terms as “we”, “us” and “the Service”.

If you have any comments or questions about the Service please contact us by email through our contact form.

Contact information

Email: Contact form
Telephone: +44 (0) 20 3355 2837
Address: Magic Toolbox Limited, 9 Cowley Road, Oxford, OX4 1HP, United Kingdom

Part B

Provisions Applicable to Registered Members, Customers and Casual Visitors.

Registration

To purchase from or register as a member of the Service you must be 18 years or over.

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your payments.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

We reserve the right to refuse service to anyone for any reason at any time.

Password

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You should change your password immediately if you believe that your password is no longer confidential and notify Sirv of any unauthorized use of your password.

We reserve the right to require you to alter your password if we believe that your password is no longer secure.

Payment, Refunds, Upgrading and Downgrading

  1. Free accounts do not require a registered credit/debit card.
  2. Paid accounts are charged monthly in advance to your registered credit/debit card. If you choose an annual plan with a value above $1,000USD, you may also pay by invoice (30 day terms), payable by bank transfer.
  3. All payments are non-refundable.
  4. You can upgrade, downgrade and cancel at any time.
  5. Upgrades and downgrades are initiated immediately. Upgrades pay the extra for the remainder for the month. Downgrades receive a credit to be used against future bills.
  6. Invoices are generated monthly, within 3 days of the day of the month your subscription commenced.
  7. VAT will be added for EU citizens and businesses, unless a VAT number is provided on your My Account page.
  8. You must ensure that Sirv is able to take payment from your card. If Sirv is unable to take payment, you must enter new card details. Your account will be frozen in 30 days if payment has not been received.
  9. Any unpaid balance due on your account must be paid.

Locked accounts

Notification emails will be sent if your account is approaching or has reached the permitted storage/usage limit of the plan you have chosen. If your account remains above those limits, your account may be locked.

When an account is locked:

  1. Images will cease to be served to any of your websites.
  2. Files cannot be uploaded to your account.

To unlock an account, you must either:

  1. Register a valid credit/debit card and upgrade to a suitable plan;
  2. Or permanently delete sufficient files to return within your existing plans’ limit. Deleted files go to your Trash until you permanently delete them.

Your account will be immediately unlocked once you have completed one of the options above.

Formation of a Binding Contract

No contract will exist between you and Sirv for the supply of any services unless and until Sirv accepts your order by a confirmatory e-mail, IM message or other appropriate means of communication.

Service Level Agreement

Sirv commits to providing 99.9% service availability to all paying members. If the Service is unavailable for more than 0.1% of the month, you will be eligible for a refund of twice the fees for the time the Service is unavailable.

Storage Limit

Your account has a storage limit measured in gigabytes (GB). If you need more space, you can upgrade to a higher plan or contact us to discuss tailoring a plan to suit your needs.

Copyright of Your Images

Sirv does not claim ownership rights in any digital content contained in your account. For the sole purpose of enabling us to display your content through the Service and fulfilling any orders for you or those you have shared your content with, you grant to Sirv a non-exclusive, royalty-free license to use, copy, distribute, and display that content.

Conduct

You are responsible for all of the content you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional content that is provided to you by professional content creators or made available through websites or other resources, is protected by copyright and should not be uploaded, shared or copied using the Service.

You agree not to use the Service:

  • for any unlawful purposes;
  • to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, cruel, harmful, an invasion of privacy or publicity rights, defamatory, libelous or illegal;
  • to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Sirv;
  • to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  • to upload, post, email or otherwise transmit any material which is likely to cause harm to Sirv or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.
  • as part of any commercial communications campaign that has not been solicited by the recipients (i.e. spam).

Violation of any of these agreements will result in the termination of your Sirv account. While Sirv prohibits such conduct and content on its site, you understand and agree that Sirv cannot be responsible for the content posted on its website and you nonetheless may be exposed to such materials and that you use the Sirv service at your own risk.

You further agree that you shall not:

  1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
  2. provide any information to Sirv that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
  3. make duplicate user accounts to bypass account restrictions.

Monitoring of Content

Sirv makes random and regular checks on the content of members’ accounts to look for any illegal content, including content deemed illegal due to copyright. Should any illegal content be found, the content will be erased immediately.

You acknowledge that you are solely responsible for all content and activity that occurs on your user account.

Suspension, Modification and Termination of Access and Membership

You agree that Sirv may at any time without notice:

  • refuse to accept your application to become a member of sirv.com;
  • move or suspend any part of the Service;
  • refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Sirv’s sole discretion, you fail to comply with any of these terms or if a competent regulatory authority requires Sirv to do so;
  • modify any username or other content that could be confusing with any Sirv services or which contains any explicit/objectionable content.

Storage Period

Sirv provides online storage of content to its members. If your account becomes inactive for a period of 3 months, Sirv may, at its option, terminate access to the account altogether (including deletion of any account information held by Sirv). Sirv may change this policy at any time, upon reasonable notice to you.

User Termination

The user may cancel their account at any time without refund. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

Disclaimer of Warranty and Limitation of Liability

Sirv agrees that all services will be carried out with reasonable skill and care.

The service, Sirv’s sites and all related services are provided by Sirv “as is” with no warranties whatsoever. All express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, Sirv disclaims any warranties for the security, reliability, timeliness, and performance of this service.

You understand and agree that the submission of any digital content to Sirv, and the download or upload of any material through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content.

Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, Sirv shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of the service, Sirv’s site and all related services, even if Sirv has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.